I 

115TH CONGRESS 

2D SESSION H. R. 5728 

To amend the National Labor Relations Act to establish an efficient system 

to enable employees to form, join, or assist labor organizations, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2018 

Mr. POCAN (for himself, Ms. DELAURO, Mr. NORCROSS, Mr. BRENDAN F. 

BOYLE of Pennsylvania, Mr. TAKANO, Ms. KAPTUR, Ms. LEE, Mr. 

DESAULNIER, Mr. ELLISON, Ms. SCHAKOWSKY, Mrs. WATSON COLEMAN, 

Ms. WASSERMAN SCHULTZ, Mr. SCOTT of Virginia, Ms. CLARK of Massachusetts, Mr. ESPAILLAT, Mr. KHANNA, and Mr. RASKIN) introduced the 

following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL 

To amend the National Labor Relations Act to establish 

an efficient system to enable employees to form, join, 

or assist labor organizations, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Workplace Democracy 

5 Act’’. 


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1 SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA2 TIONS ACT. 

3 (a) COVERAGE.—Section 2 of the National Labor Re4 lations Act (29 U.S.C. 152) is amended— 

5 (1) in paragraph (3), by adding at the end the 

6 following: ‘‘An individual performing any service 

7 shall be considered an employee (except as provided 

8 in the previous sentence) and not an independent 

9 contractor, unless— 

10 ‘‘(A) the individual is free from control and di11 rection in connection with the performance of the 

12 service, both under the contract for the performance 

13 of service and in fact; 

14 ‘‘(B) the service is performed outside the usual 

15 course of the business of the employer; and 

16 ‘‘(C) the individual is customarily engaged in an 

17 independently established trade, occupation, profes18 sion, or business of the same nature as that involved 

19 in the service performed.’’; and 

20 (2) in paragraph (11)— 

21 (A) by inserting ‘‘and for a majority of the 

22 individual’s worktime’’ after ‘‘interest of the 

23 employer’’; 

24 (B) by striking ‘‘assign,’’; and 

25 (C) by striking ‘‘or responsibly to direct 

26 them,’’. 


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1 (b) UNFAIR LABOR PRACTICES; SECONDARY BOY2 COTTS AND PICKETING.— 

3 (1) IN GENERAL.—Section 8 of the National 

4 Labor Relations Act (29 U.S.C. 158) is amended— 

5 (A) in subsection (a)— 

6 (i) in paragraph (5), by striking the 

7 period and inserting ‘‘; and’’; and 

8 (ii) by adding at the end the fol9 lowing: 

10 ‘‘(6) to coerce any employee into attending or partici11 pating in campaign activities that are unrelated to the em12 ployee’s job duties.’’; 

13 (B) in subsection (b)— 

14 (i) by striking paragraphs (4) and (7); 

15 and 

16 (ii) by redesignating paragraphs (5) 

17 and (6) as paragraphs (4) and (5), respec18 tively; and 

19 (C) by repealing subsection (e). 

20 (2) PREVENTION OF UNFAIR LABOR PRAC21 TICES.—Section 10 of the National Labor Relations 

22 Act (29 U.S.C. 160) is amended— 

23 (A) by striking subsections (k) and (l); and 

24 (B) by redesignating subsection (m) as 

25 subsection (k). 


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1 (3) FACILITATING COLLECTIVE BARGAINING

2 AGREEMENTS.—Section 8 of the National Labor Re3 lations Act (29 U.S.C. 158), as so amended, is fur4 ther amended by adding at the end the following: 

5 ‘‘(h) Whenever collective bargaining is for the pur6 pose of establishing an initial agreement following certifi7 cation or recognition, the provisions of subsection (d) shall 

8 be modified as follows: 

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

10 written request for collective bargaining from an in11 dividual or labor organization that has been newly 

12 organized or certified as a representative as defined 

13 in section 9(a), or within such further period as the 

14 parties agree upon, the parties shall meet and com15 mence to bargain collectively and shall make every 

16 reasonable effort to conclude and sign a collective 

17 bargaining agreement. 

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

19 beginning on the date on which bargaining is com20 menced, or such additional period as the parties may 

21 agree upon, the parties have failed to reach an 

22 agreement, either party may notify the Federal Me23 diation and Conciliation Service of the existence of 

24 a dispute and request mediation. Whenever such a 

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


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1 promptly to put itself in communication with the 

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

3 conciliation, to bring them to agreement. 

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

5 beginning on the date on which the request for me6 diation is made under paragraph (2), or such addi7 tional period as the parties may agree upon, the 

8 Service is not able to bring the parties to agreement 

9 by conciliation, the Service shall refer the dispute to 

10 an arbitration board established in accordance with 

11 such regulations as may be prescribed by the Serv12 ice. The arbitration board shall render a decision 

13 settling the dispute and such decision shall be bind14 ing upon the parties for a period of 2 years, unless 

15 amended during such period by written consent of 

16 the parties.’’. 

17 (c) STREAMLINING CERTIFICATION FOR LABOR OR18 GANIZATIONS.—The National Labor Relations Act (29 

19 U.S.C. 151 et seq.) is amended— 

20 (1) in section 3(b) (29 U.S.C. 153(b))— 

21 (A) by striking ‘‘and to’’ and inserting 

22 ‘‘to’’; and 

23 (B) by striking ‘‘and certify the results 

24 thereof,’’ and inserting ‘‘, and to issue certifi25 cations as provided for in that section,’’; and 


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1 (2) in section 9(c) (29 U.S.C. 159(c)), by add2 ing at the end the following: 

3 ‘‘(6) Notwithstanding any other provision of this sec4 tion, whenever a petition shall have been filed by an em5 ployee or group of employees or any individual or labor 

6 organization acting in their behalf alleging that a majority 

7 of employees in a unit appropriate for the purposes of col8 lective bargaining wish to be represented by an individual 

9 or labor organization for such purposes, the Board shall 

10 investigate the petition. If the Board finds that a majority 

11 of the employees in a unit appropriate for purposes of col12 lective bargaining has signed valid authorizations desig13 nating the individual or labor organization specified in the 

14 petition as their bargaining representative and that no 

15 other individual or labor organization is currently certified 

16 or recognized as the exclusive representative of any of the 

17 employees in the unit, the Board shall not direct an elec18 tion but shall certify the individual or labor organization 

19 as the representative described in subsection (a). 

20 ‘‘(7) The Board shall develop guidelines and proce21 dures for the designation by employees of a bargaining 

22 representative in the manner described in paragraph (6). 

23 Such guidelines and procedures shall include— 


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1 ‘‘(A) model collective bargaining authorization 

2 language that may be used for purposes of making 

3 the designations described in paragraph (6); and 

4 ‘‘(B) procedures to be used by the Board to es5 tablish the validity of signed authorizations desig6 nating bargaining representatives.’’. 

7 (d) PREEMPTING STATE RIGHT-TO-WORK FOR LESS

8 LAWS.—Subsection (b) of section 14 of the National 

9 Labor Relations Act (29 U.S.C. 164) is repealed. 

10 (e) JOINT AND SEVERAL LIABILITY.—The National 

11 Labor Relations Act (29 U.S.C. 151 et seq.) is amended 

12 by adding at the end the following: 

13 ‘‘SEC. 20. JOINT AND SEVERAL LIABILITY. 

14 ‘‘(a) IN GENERAL.—A joint employer shall be jointly 

15 and severally liable under this Act for any violations of 

16 this Act involving one or more employees supplied by an17 other employer to perform labor within the joint employ18 er’s usual course of business. 

19 ‘‘(b) JOINT EMPLOYER.—An employer shall be con20 sidered a joint employer of employees of another employer 

21 for purposes of this Act, if such employer possesses, re22 serves, or exercises enough direct or indirect control over 

23 such employees’ essential terms and conditions of employ24 ment to permit meaningful collective bargaining between 

25 the employer and such employees.’’. 


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1 SEC. 3. AMENDMENT TO THE LABOR MANAGEMENT RELA2 TIONS ACT, 1947, WITH RESPECT TO SEC3 ONDARY BOYCOTTS. 

4 Section 303 of the Labor Management Relations Act, 

5 1947 (29 U.S.C. 187) is repealed. 

6 SEC. 4. AMENDMENTS TO THE LABOR-MANAGEMENT RE7 PORTING AND DISCLOSURE ACT OF 1959. 

8 (a) PERSUADER REPORTING AND DISCLOSURE PAR9 ITY REQUIREMENTS.—Section 203 of the Labor-Manage10 ment Reporting and Disclosure Act of 1959 (29 U.S.C. 

11 433) is amended— 

12 (1) in subsection (c), by striking the period at 

13 the end and inserting the following: ‘‘: Provided, 

14 That this subsection shall not exempt from the re15 quirements of this section any arrangement or part 

16 of an arrangement in which a party agrees to draft 

17 speeches, presentations, or other written, recorded, 

18 or electronic communications to be delivered or dis19 seminated to employees for an object described in 

20 subsection (b)(1).’’; and 

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

22 ‘‘(h) ANTI-LABOR ORGANIZATION CAMPAIGNS.— 

23 ‘‘(1) PAYMENT REPORT.— 

24 ‘‘(A) IN GENERAL.—An employer who 

25 makes any payment (including reimbursed ex26 penses) to a labor relations consultant or other 


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1 independent contractor or organization pursu2 ant to an agreement or arrangement described 

3 in subsection (a)(4) involving activities to dis4 favor a labor organization or weaken the rights 

5 of employees to organize and bargain collec6 tively shall, except as provided in subparagraph 

7 (C), provide a report described in subparagraph 

8 (B) to the Secretary every 7 days if such a pay9 ment was made during such 7-day period. 

10 ‘‘(B) CONTENTS OF REPORT.—The report 

11 described in this subparagraph shall contain— 

12 ‘‘(i) the contents of the report de13 scribed in subsection (a) with respect to 

14 any payment described in subparagraph 

15 (A) made during the applicable period of 

16 the report; and 

17 ‘‘(ii) the total amount of all such pay18 ments made pursuant to the agreement or 

19 arrangement described in such subpara20 graph. 

21 ‘‘(C) REPRESENTATION ELECTIONS.—For 

22 the 7-day period immediately prior to the date 

23 of a representation election, an employer re24 quired to provide a report under subparagraph 

25 (A) shall provide such report to the Secretary 


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1 every 24 hours if such a payment was made 

2 during such 24-hour period. 

3 ‘‘(D) THIRD-PARTY ENTITY REPORTING.— 

4 The Secretary shall establish procedures for any 

5 third-party entity that enters into an agreement 

6 or an arrangement with an employer to engage 

7 in activities to disfavor a labor organization or 

8 weaken the rights of employees to organize and 

9 bargain collectively to provide reports to the 

10 Secretary that are consistent with the proce11 dures for the reports required of employers 

12 under subparagraphs (A) through (C). 

13 ‘‘(2) NEGATIVE INFORMATION.—Not later than 

14 7 days after an employer disseminates to employees 

15 information that disfavors a labor organization or 

16 the rights of employees to organize and bargain col17 lectively, the employer shall disclose such informa18 tion, including the names and contact information 

19 for employees receiving the information, to the af20 fected labor organization and to the Secretary. 

21 ‘‘(3) REGISTRATION AND CERTIFICATION OF

22 PERSUADERS.— 

23 ‘‘(A) IN GENERAL.—A labor relations con24 sultant or other independent contractor or orga25 nization that provides services pursuant to an 


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1 agreement or arrangement described in para2 graph (1)(A) shall prior to, and as a condition 

3 for, providing such services register with and be 

4 certified by the Office of Labor Management 

5 Standards. 

6 ‘‘(B) PROCESS FOR REGISTRATION AND

7 CERTIFICATION.—The Secretary shall prescribe 

8 a process for the registration and certification 

9 required under subparagraph (A). Such process 

10 shall include requiring the labor relations con11 sultant, other independent contractor, or orga12 nization described in such subparagraph to— 

13 ‘‘(i) provide its name, address, busi14 ness telephone number, and principal place 

15 of business; 

16 ‘‘(ii) provide the name of its principal 

17 officers, if any; 

18 ‘‘(iii) provide a general description of 

19 its business activities; and 

20 ‘‘(iv) submit to a criminal background 

21 check conducted by the Secretary at the 

22 expense of such consultant, independent 

23 contractor, or organization. 

24 ‘‘(C) PROHIBITION AGAINST REGISTERING

25 AND CERTIFYING CERTAIN PERSONS.—The OfVerDate Sep 11 2014 02:39 May 22, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5728.IH H5728

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1 fice of Labor Management Standards shall not 

2 register and certify under this paragraph any 

3 labor relations consultant, independent con4 tractor, or organization that has been convicted 

5 of any offense described in section 504(a).’’. 

6 (b) PENALTIES.—Section 210 of the Labor-Manage7 ment Reporting and Disclosure Act of 1959 (29 U.S.C. 

8 440) is amended— 

9 (1) by striking ‘‘Whenever’’ and inserting ‘‘(a) 

10 Whenever’’; and 

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

12 ‘‘(b)(1) Except as provided in paragraph (2), the Sec13 retary shall impose on any employer that violates para14 graph (1) or (2) of section 203(h) a civil penalty in an 

15 amount not to exceed $10,000 for each violation. 

16 ‘‘(2) An employer shall not be subject to a civil pen17 alty under paragraph (1) if the employer can show a good 

18 faith attempt to comply with paragraph (1) or (2) of sec19 tion 203(h). 

20 ‘‘(3) The Secretary shall impose on any labor rela21 tions consultant or other independent contractor or orga22 nization that violates section 203(h)(3) a civil penalty in 

23 the amount of $250 per day for each day the consultant, 


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1 independent contractor, or organization is not in compli2 ance with such section.’’. 

Æ 


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