II 

115TH CONGRESS 

1ST SESSION S. 2143 

To amend the National Labor Relations Act to strengthen protections for 

employees wishing to advocate for improved wages, hours, or other terms 

or conditions of employment, to expand coverage under such Act, to 

provide a process for achieving initial collective bargaining agreements, 

and to provide for stronger remedies for interference with these rights, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2017 

Mrs. MURRAY (for herself, Mr. BROWN, Mr. MURPHY, Mr. CASEY, Mr. 

BLUMENTHAL, Mr. UDALL, Mr. SANDERS, Mr. CARPER, Mr. REED, Mr. 

COONS, Mrs. GILLIBRAND, Mr. BOOKER, Mr. VAN HOLLEN, Ms. HARRIS, 

Mr. HEINRICH, Ms. HIRONO, and Mr. MARKEY) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the National Labor Relations Act to strengthen 

protections for employees wishing to advocate for improved wages, hours, or other terms or conditions of 

employment, to expand coverage under such Act, to provide a process for achieving initial collective bargaining 

agreements, and to provide for stronger remedies for 

interference with these rights, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Workplace Action for 

3 a Growing Economy Act’’ or the ‘‘WAGE Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The National Labor Relations Act (29 

7 U.S.C. 151 et seq.) was enacted to encourage the 

8 practice of collective bargaining and to protect the 

9 exercise by workers of full freedom of association in 

10 the workplace. Since its enactment in 1935, tens of 

11 millions of workers have bargained with their em12 ployers over wages, benefits, and other terms and 

13 conditions of employment and have raised the stand14 ard of living for all workers. 

15 (2) Through acting collectively and bargaining 

16 with their employers, workers who are covered by a 

17 collective bargaining agreement earn 25.2 percent 

18 more than workers who are not covered by a collec19 tive bargaining agreement. They are 40.8 percent 

20 more likely to be offered health insurance through 

21 work and nearly 5 times more likely to have em22 ployer-provided defined benefit pensions. The wage 

23 differential is significant for women and people of 

24 color. African-American workers covered by a collec25 tive bargaining agreement earn 25.1 percent more 

26 than African-American workers who are not covered 


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1 by a collective bargaining agreement, and Latino 

2 workers covered by a collective bargaining agreement 

3 earn 45.7 percent more than their peers who are not 

4 covered by a collective bargaining agreement. 

5 Women covered by a collective bargaining agreement 

6 earn 32.1 percent more than women who are not 

7 covered by a collective bargaining agreement, and 

8 the wage gap between men and women is much 

9 smaller at workplaces covered by a collective bar10 gaining agreement. The wage gains achieved through 

11 collective bargaining agreements benefit workers and 

12 their communities. 

13 (3) Labor organizations and collective bar14 gaining ensure that productivity gains are shared by 

15 working people. The decline in the percentage of 

16 workers covered by collective bargaining has contrib17 uted significantly to skyrocketing income inequality 

18 and flat wages. 

19 (4) As enacted in 1935, the National Labor Re20 lations Act protects the right of all workers to join 

21 together with their coworkers to advocate for im22 provements in their pay, benefits, and working con23 ditions, regardless of whether they seek representa24 tion by a labor organization. Such Act protects the 

25 right of workers to discuss issues like pay and beneVerDate Sep 11 2014 04:59 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2143.IS S2143

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1 fits without retaliation or interference by employers. 

2 However, the awareness of workers regarding their 

3 rights under such Act is lacking, and many employ4 ers maintain policies that restrict the ability of 

5 workers to discuss workplace issues with each other, 

6 directly contravening these rights. Research shows 

7 that more than one-half of workers report that their 

8 employers have policies that prohibit or discourage 

9 workers from discussing pay with their coworkers. 

10 These policies and practices impede workers from 

11 exercising their rights under such Act and impair 

12 their freedom of association at work. 

13 (5) Retaliation by employers against workers 

14 who exercise their rights under the National Labor 

15 Relations Act persists at troubling levels. Employers 

16 routinely fire workers for trying to form a labor or17 ganization at their workplace. In one out of 3 orga18 nizing campaigns, one or more workers are dis19 charged for supporting or joining a labor organiza20 tion. In fiscal year 2014, the National Labor Rela21 tions Board obtained reinstatement orders for 3,240 

22 workers and obtained back pay awards totaling 

23 $43,800,000 for workers who faced illegal retaliation 

24 for exercising their rights. 


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1 (6) The current remedies are inadequate to 

2 deter employers from violating the National Labor 

3 Relations Act. The remedies and penalties for viola4 tions of such Act are far weaker than for other labor 

5 and employment laws, including the Civil Rights Act 

6 of 1964 (42 U.S.C. 2000a et seq.). Unlike other 

7 major labor and employment laws, there are no civil 

8 penalties for violations of the National Labor Rela9 tions Act. Workers cannot go to court to pursue re10 lief on their own and must rely on the National 

11 Labor Relations Board to prosecute their case. 

12 (7) Unlike orders of other Federal agencies, the 

13 orders of the National Labor Relations Board are 

14 not enforced until the Board seeks enforcement from 

15 the Court of Appeals. As far back as 1969, the Ad16 ministrative Conference of the United States recog17 nized that the absence of a self-enforcing agency 

18 order imposes wasteful delays in the enforcement of 

19 the National Labor Relations Act, and recommended 

20 that the Board’s orders be made self-enforcing like 

21 those of other agencies. Congress did not act upon 

22 this recommendation, and delays in the Board’s en23 forcement remain a problem for such Act to be an 

24 effective law. 


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1 (8) Many workers do not currently enjoy the 

2 protections of the National Labor Relations Act be3 cause they are excluded from coverage under such 

4 Act or interpretations of such Act. 

5 (9) Too often, workers who choose to form 

6 labor organizations are frustrated when their em7 ployers use delay and other tactics to avoid reaching 

8 an initial collective bargaining agreement. Estimates 

9 are that in as many as half of new organizing cam10 paigns, workers and their employers fail to reach an 

11 initial collective bargaining agreement. 

12 (10) In order to make the right to collective 

13 bargaining and freedom of association in the work14 place a reality for workers, the National Labor Rela15 tions Act must be strengthened. 

16 SEC. 3. PURPOSES. 

17 The purposes of this Act are— 

18 (1) to strengthen protections for employees en19 gaged in collective bargaining to improve their 

20 wages, hours, and terms and conditions of employ21 ment; 

22 (2) to expand coverage under the National 

23 Labor Relations Act (29 U.S.C. 151 et seq.) to more 

24 employees; 


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1 (3) to provide a process by which workers and 

2 employers can successfully negotiate an initial collec3 tive bargaining agreement; 

4 (4) to provide for stronger remedies for employ5 ees who face retaliation, discrimination, or other in6 terference with the legal right of the employees to 

7 engage in collective bargaining; 

8 (5) to provide for penalties against employers 

9 who violate the rights of employees to engage in col10 lective bargaining, in order to act as a meaningful 

11 deterrent against violating the law; and 

12 (6) to streamline the enforcement procedures of 

13 the National Labor Relations Board to provide for 

14 more timely and effective enforcement of the law. 

15 SEC. 4. STRENGTHENING REMEDIES AND ENFORCEMENT 

16 FOR EMPLOYEES EXERCISING THEIR RIGHTS 

17 AT WORK. 

18 (a) BACK PAY.—Section 10(c) of the National Labor 

19 Relations Act (29 U.S.C. 160(c)) is amended by striking 

20 ‘‘And provided further,’’ and inserting ‘‘Provided further, 

21 That if the Board finds that an employer has discrimi22 nated against an employee in violation of paragraph (3) 

23 or (4) of section 8(a) or has committed a violation of sec24 tion 8(a) that results in the discharge of an employee or 

25 other serious economic harm to an employee, the Board 


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1 shall award the employee back pay and an additional 

2 amount as liquidated damages equal to 2 times the 

3 amount of such back pay, without any reduction (includ4 ing any reduction based on the employee’s interim earn5 ings or failure to earn interim earnings): Provided fur6 ther,’’. 

7 (b) CIVIL PENALTIES.—Section 12 of the National 

8 Labor Relations Act (29 U.S.C. 162) is amended— 

9 (1) by striking ‘‘SEC. 12. Any person’’ and in10 serting the following: 

11 ‘‘SEC. 12. PENALTIES. 

12 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH

13 BOARD.—Any person’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(b) VIOLATIONS OF POSTING REQUIREMENTS.—If 

16 the Board, or any agent or agency designated by the 

17 Board for such purposes, determines that an employer has 

18 knowingly violated section 8(h), the Board shall— 

19 ‘‘(1) state the findings of fact supporting such 

20 determination; 

21 ‘‘(2) issue and cause to be served on such em22 ployer an order requiring that such employer post 

23 the notice described in such section and provide the 

24 information to new employees described in such sec25 tion; and 


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1 ‘‘(3) impose a civil penalty in an amount deter2 mined appropriate by the Board, except that in no 

3 case shall the amount of the such penalty exceed 

4 $500 for each such violation. 

5 ‘‘(c) VIOLATIONS CAUSING SERIOUS ECONOMIC

6 HARM TO EMPLOYEES.— 

7 ‘‘(1) IN GENERAL.—Any employer who commits 

8 an unfair labor practice within the meaning of para9 graph (3) or (4) of section 8(a) or a violation of sec10 tion 8(a) that results in the discharge of an em11 ployee or other serious economic harm to an em12 ployee shall, in addition to any remedy ordered by 

13 the Board, be subject to a civil penalty. Such penalty 

14 shall be in an amount not to exceed $50,000 for 

15 each violation, except that the Board shall double 

16 the amount of such penalty, to an amount not to ex17 ceed $100,000, in any case where the employer has 

18 within the preceding 5 years committed another 

19 such violation. 

20 ‘‘(2) CONSIDERATIONS.—In determining the 

21 amount of any civil penalty under this subsection, 

22 the Board shall consider— 

23 ‘‘(A) the gravity of the unfair labor prac24 tice; 


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1 ‘‘(B) the impact of the unfair labor prac2 tice on the charging party, on other persons 

3 seeking to exercise rights guaranteed by this 

4 Act, and on the public interest; and 

5 ‘‘(C) the size of the employer. 

6 ‘‘(3) DIRECTOR AND OFFICER LIABILITY.—If 

7 the Board determines, based on the particular facts 

8 and circumstances presented, that a director or offi9 cer’s personal liability is warranted, a civil penalty 

10 for a violation described in this subsection may also 

11 be assessed against any director or officer of the em12 ployer who directed or committed the violation, or 

13 had established a policy that led to such a violation, 

14 or had knowledge of, and the authority to prevent, 

15 the violation and failed to prevent such violation. 

16 ‘‘(d) JOINT AND SEVERAL LIABILITY.—An employer 

17 shall be jointly and severally liable under this Act for any 

18 violations of this Act involving one or more employees sup19 plied by another employer to perform labor within the em20 ployer’s usual course of business.’’. 

21 (c) INJUNCTIONS AGAINST UNFAIR LABOR PRAC22 TICES INVOLVING DISCHARGE OR OTHER SERIOUS ECO23 NOMIC LOSS.— 


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1 (1) IN GENERAL.—Section 10(j) of the National 

2 Labor Relations Act (29 U.S.C. 160(j)) is amend3 ed— 

4 (A) by inserting ‘‘(1)’’ before ‘‘The Board 

5 shall’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(2) Notwithstanding subsections (l) and (m), when8 ever it is charged that an employer has engaged in an un9 fair labor practice within the meaning of section 8(a)(1) 

10 or section 8(a)(3) that significantly interferes with, re11 strains, or coerces employees in the exercise of the rights 

12 guaranteed under section 7 or involves discharge or other 

13 serious economic harm to an employee, the preliminary in14 vestigation of such charge shall be made forthwith and 

15 given priority over all other cases except cases of like char16 acter in the office where it is filed or to which it is re17 ferred. If, after such investigation, the officer or regional 

18 attorney to whom the matter may be referred has reason19 able cause to believe such charge is true and that a com20 plaint should issue, he shall bring a petition for appro21 priate temporary relief or restraining order as set forth 

22 in paragraph (1). The district court shall grant the relief 

23 requested unless the court concludes that there is no rea24 sonable likelihood that the Board will succeed on the mer25 its of the Board’s claim.’’. 


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1 (d) PRIVATE ENFORCEMENT.—Section 12 of the Na2 tional Labor Relations Act (29 U.S.C. 162), as amended 

3 by subsection (b), is further amended by adding at the 

4 end the following: 

5 ‘‘(e) RIGHT TO CIVIL ACTION.— 

6 ‘‘(1) IN GENERAL.—Any person who is injured 

7 by reason of any violation of paragraph (1) or (3) 

8 of section 8(a) may, in addition to or in lieu of filing 

9 a charge alleging such unfair labor practice with the 

10 Board in accordance with this Act, bring a civil ac11 tion in the appropriate district court of the United 

12 States against the employer within 6 months of the 

13 violation. 

14 ‘‘(2) AVAILABLE RELIEF.—Relief granted in an 

15 action under paragraph (1) may include any relief 

16 authorized by section 706(g) of the Civil Rights Act 

17 of 1964 (42 U.S.C. 2000e–5(g)) or by section 

18 1977A(b) of the Revised Statutes (42 U.S.C. 

19 1981a(b)). 

20 ‘‘(3) ATTORNEY’S FEE.—In any action or pro21 ceeding under this subsection, the court may allow 

22 the prevailing party a reasonable attorney’s fee (in23 cluding expert fees) as part of the costs.’’. 

24 (e) ENSURING FAIR REMEDIES FOR ALL WORK25 ERS.—Section 10(c) of the National Labor Relations Act 


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1 (29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 

2 him:’’ and inserting ‘‘suffered by such employee: Provided 

3 further, That back pay shall not be denied on the basis 

4 that the employee is, or was during the time of relevant 

5 employment or during the back pay period, an unauthor6 ized alien as defined in section 274A(h)(3) of the Immi7 gration and Nationality Act (8 U.S.C. 1324a(h)(3)) or any 

8 other provision of Federal law relating to the unlawful em9 ployment of aliens:’’. 

10 (f) REMEDYING ELECTION INTERFERENCE.—Section 

11 9(c) of the National Labor Relations Act (29 U.S.C. 

12 159(c)) is amended— 

13 (1) by redesignating paragraphs (4) and (5) as 

14 paragraphs (6) and (7), respectively; and 

15 (2) by inserting after paragraph (3) the fol16 lowing: 

17 ‘‘(4) BARGAINING ORDER BASED ON MAJORITY

18 OF VOTES.—If the Board finds that, in an election 

19 under paragraph (1), a majority of the valid votes 

20 cast in a unit appropriate for purposes of collective 

21 bargaining have been cast in favor of representation 

22 by the labor organization, the Board shall issue an 

23 order requiring the employer to collectively bargain 

24 with the labor organization in accordance with sec25 tion 8(d). Such order shall be deemed an order 


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1 under section 10(c), without need for a determina2 tion of an unfair labor practice. 

3 ‘‘(5) DISMISSAL; BARGAINING ORDERS IN

4 OTHER SITUATIONS.— 

5 ‘‘(A) DISMISSAL.—If the Board finds that, 

6 in an election under paragraph (1), a majority 

7 of the valid votes cast in a unit appropriate for 

8 purposes of collective bargaining have not been 

9 cast in favor of representation by the labor or10 ganization, the Board shall dismiss the petition, 

11 subject to subparagraphs (B) and (C). 

12 ‘‘(B) SPECIAL RULES FOR EMPLOYER VIO13 LATIONS OR INTERFERENCE.—In any case 

14 where a majority of the valid votes cast in a 

15 unit appropriate for purposes of collective bar16 gaining have not been cast in favor of represen17 tation by the labor organization and the Board 

18 determines that the election should be set aside 

19 because the employer has committed a violation 

20 of this Act or otherwise interfered with a fair 

21 election, and the employer has not dem22 onstrated that the violation or other inter23 ference is unlikely to have affected the outcome 

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1 quiring the employer to bargain with the labor 

2 organization in accordance with section 8(d) if, 

3 at any time during the period beginning 1 year 

4 preceding the date of the commencement of the 

5 election and ending on the date upon which the 

6 Board makes the determination of a violation or 

7 other interference under subparagraph (A), a 

8 majority of the employees in the bargaining 

9 unit have signed authorizations designating the 

10 labor organization as their collective bargaining 

11 representative. 

12 ‘‘(C) OTHER ELECTION INTERFERENCE.— 

13 In any case where the Board determines that 

14 an election under this paragraph should be set 

15 aside, the Board shall direct a rerun election 

16 with appropriate additional safeguards nec17 essary to ensure a fair election process, except 

18 in cases where the Board issues a bargaining 

19 order under subparagraph (B).’’. 

20 SEC. 5. MODERNIZATION. 

21 (a) PREVENTION OF UNFAIR LABOR PRACTICES.— 

22 Section 8 of the National Labor Relations Act (29 U.S.C. 

23 158) is amended by adding at the end the following: 

24 ‘‘(h) POSTINGS OF NOTICE.— 


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1 ‘‘(1) IN GENERAL.—The Board shall promul2 gate regulations requiring each employer to post and 

3 maintain, in conspicuous places where notices to em4 ployees and applicants for employment are custom5 arily posted both physically and electronically, a no6 tice setting forth the rights and protections afforded 

7 employees under this Act. The Board shall provide 

8 to employers the form and text of such notice. 

9 ‘‘(2) NOTIFICATION OF NEW EMPLOYEES.—The 

10 Board shall promulgate regulations requiring em11 ployers to notify each new employee of the informa12 tion contained in the notice described in paragraph 

13 (1).’’. 

14 (b) ENFORCING COMPLIANCE WITH ORDERS OF THE

15 BOARD.— 

16 (1) IN GENERAL.—Section 10 of the National 

17 Labor Relations Act (29 U.S.C. 160) is amended— 

18 (A) by striking subsection (e); 

19 (B) by redesignating subsection (d) as sub20 section (e); and 

21 (C) by inserting after subsection (c) the 

22 following: 

23 ‘‘(d) ENFORCING COMPLIANCE WITH ORDERS OF

24 THE BOARD.— 


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1 ‘‘(1) IN GENERAL.—Each order of the Board 

2 shall take effect upon issuance of such order, unless 

3 otherwise directed by the Board, and shall remain in 

4 effect unless modified by the Board or unless a court 

5 of competent jurisdiction issues a superseding order. 

6 ‘‘(2) VIOLATIONS OF ORDERS BY THE BOARD.— 

7 Any person who fails or neglects to obey an order 

8 of the Board shall forfeit and pay to the Board a 

9 civil penalty of not more than $10,000 for each vio10 lation, which shall accrue to the Board and may be 

11 recovered in a civil action brought by the Board in 

12 the district court of the United States in which the 

13 unfair labor practice or other subject of the order 

14 occurred, or in which such person or entity resides 

15 or transacts business. No such civil action may be 

16 brought by the Board prior to 30 days after the 

17 issuance of the order. Each separate violation of an 

18 order shall be a separate offense, except that, in the 

19 case of a violation in which a person fails to obey 

20 or neglects to obey a final order of the Board, each 

21 day such failure or neglect continues shall be 

22 deemed a separate offense. 

23 ‘‘(3) PROCEDURE.—If, after having provided a 

24 person or entity with notice and an opportunity to 

25 be heard regarding a request under paragraph (2) 


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1 for the enforcement of an order, the court deter2 mines that the order was regularly made and duly 

3 served, and that the person or entity is in disobe4 dience of the same, the court shall enforce obedience 

5 to such order by a writ of injunction or other proper 

6 process, mandatory or otherwise, to— 

7 ‘‘(A) restrain such person or entity or the 

8 officers, agents, or representatives of such per9 son or entity, from further disobedience of such 

10 order; or 

11 ‘‘(B) enjoin upon such person or entity, of12 ficers, agents, or representatives obedience to 

13 the same.’’; and 

14 (D) in subsection (f)— 

15 (i) by striking ‘‘Any’’ and all that fol16 lows through ‘‘the relief sought’’ and in17 serting the following: ‘‘(1) Within 30 days 

18 of the issuance of a final order of the 

19 Board granting or denying in whole or in 

20 part the relief sought, any person ag21 grieved by such order’’; 

22 (ii) by striking ‘‘proceed in the same 

23 manner as in the case of an application by 

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1 tion’’ and inserting ‘‘proceed as provided 

2 under paragraph (2)’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(2) No objection that has not been urged before the 

6 Board, its member, agent, or agency, shall be considered 

7 by the court, unless the failure or neglect to urge such 

8 objection shall be excused because of extraordinary cir9 cumstances. The findings of the Board with respect to 

10 questions of fact if supported by substantial evidence on 

11 the record considered as a whole shall be conclusive. If 

12 either party shall apply to the court for leave to adduce 

13 additional evidence and shall show to the satisfaction of 

14 the court that such additional evidence is material and 

15 that there were reasonable grounds for the failure to ad16 duce such evidence in the hearing before the Board, its 

17 member, agent, or agency, the court may order such addi18 tional evidence to be taken before the Board, its member, 

19 agent, or agency, and to be made a part of the record. 

20 The Board may modify its findings as to the facts, or 

21 make new findings, by reason of additional evidence so 

22 taken and filed, and it shall file such modified or new find23 ings, which findings with respect to questions of fact if 

24 supported by substantial evidence on the record considered 

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1 ommendations, if any, for the modification or setting aside 

2 of its original order. Upon the filing of the record with 

3 it the jurisdiction of the court shall be exclusive and its 

4 judgment and decree shall be final, except that the same 

5 shall be subject to review by the appropriate United States 

6 court of appeals if application was made to the district 

7 court as hereinabove provided, and by the Supreme Court 

8 of the United States upon writ of certiorari or certification 

9 as provided in section 1254 of title 28, United States 

10 Code.’’. 

11 (2) CONFORMING AMENDMENTS.—The National 

12 Labor Relations Act is amended— 

13 (A) in section 9(d) (29 U.S.C. 29 U.S.C. 

14 159(d)), by striking ‘‘10(e) or’’; 

15 (B) in section 10(g) (29 U.S.C. 160(g)), 

16 by striking ‘‘(e) or’’; and 

17 (C) in section 18 (29 U.S.C. 168), by 

18 striking ‘‘(e) or’’. 

19 SEC. 6. COVERAGE. 

20 (a) ENSURING THAT EMPLOYEES ARE NOT WRONG21 LY CLASSIFIED AS SUPERVISORS AND DENIED THE PRO22 TECTIONS OF THE NATIONAL LABOR RELATIONS ACT.— 

23 Section 2(11) of the National Labor Relations Act (29 

24 U.S.C. 152(11)) is amended by— 


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1 (1) inserting ‘‘and for a majority of the individ2 ual’s worktime’’ after ‘‘interest of the employer’’; 

3 (2) striking ‘‘assign,’’; and 

4 (3) striking ‘‘or responsibly to direct them,’’. 

5 (b) ENSURING THAT EMPLOYEES ARE NOT

6 MISCLASSIFIED AS INDEPENDENT CONTRACTORS AND

7 DENIED THE PROTECTIONS OF THE NATIONAL LABOR

8 RELATIONS ACT.—Section 2(3) of the National Labor Re9 lations Act (29 U.S.C. 152(3)) is amended by adding at 

10 the end the following: ‘‘An individual performing any serv11 ice shall not have the status of an independent contractor 

12 unless— 

13 ‘‘(1) the individual is free from control and di14 rection in connection with the performance of the 

15 service, both under the contract for the performance 

16 of service and in fact; 

17 ‘‘(2) the service is performed outside the usual 

18 course of the business of the employer; and 

19 ‘‘(3) the individual is customarily engaged in an 

20 independently established trade, occupation, profes21 sion, or business of the same nature as that involved 

22 in the service performed.’’. 


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1 SEC. 7. FACILITATING INITIAL COLLECTIVE BARGAINING 

2 AGREEMENTS. 

3 Section 8 of the National Labor Relations Act (29 

4 U.S.C. 158), as amended by section 5, is further amended 

5 by adding at the end the following: 

6 ‘‘(i) INITIAL COLLECTIVE BARGAINING AGREE7 MENT.—Whenever collective bargaining is for the purpose 

8 of establishing an initial agreement following certification 

9 or recognition, the provisions of subsection (d) shall be 

10 modified as follows: 

11 ‘‘(1) Not later than 10 days after receiving a 

12 written request for collective bargaining from an in13 dividual or labor organization that has been newly 

14 organized or certified as a representative under sec15 tion 9(a), or within such further period as the par16 ties agree upon, the parties shall meet and com17 mence to bargain collectively and shall make every 

18 reasonable effort to conclude and sign a collective 

19 bargaining agreement. 

20 ‘‘(2) If after the expiration of the 90-day period 

21 beginning on the date on which bargaining is com22 menced, or such additional period as the parties may 

23 agree upon, the parties have failed to reach an 

24 agreement, either party may notify the Federal Me25 diation and Conciliation Service of the existence of 

26 a dispute and request mediation. Whenever such a 


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1 request is received, it shall be the duty of the Service 

2 promptly to put itself in communication with the 

3 parties and to use its best efforts, by mediation and 

4 conciliation, to bring them to agreement. 

5 ‘‘(3) If after the expiration of the 30-day period 

6 beginning on the date on which the request for me7 diation is made under paragraph (2), or such addi8 tional period as the parties may agree upon, the 

9 Service is not able to bring the parties to agreement 

10 by conciliation, the Service shall refer the dispute to 

11 a tripartite arbitration panel established in accord12 ance with such regulations as may be prescribed by 

13 the Service. The tripartite arbitration panel shall 

14 render a decision settling the dispute and such deci15 sion shall be binding upon the parties for a period 

16 of 2 years, unless amended during such period by 

17 written consent of the parties.’’. 

Æ 


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