II 

117TH CONGRESS 

2D SESSION S. 3889 

To reform the labor laws of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2022 

Mr. SCOTT of South Carolina (for himself, Mr. MCCONNELL, Mr. THUNE, Mr. 

BARRASSO, Mr. BURR, Mr. BRAUN, Mr. MARSHALL, Mr. MORAN, Mr. 

TUBERVILLE, Mr. RISCH, Mr. CRAPO, Mr. CORNYN, Mr. DAINES, Ms. 

LUMMIS, Mrs. HYDE-SMITH, Mr. HAGERTY, Mr. BOOZMAN, Mr. WICKER, 

Mr. TILLIS, Mr. CRAMER, Mr. ROMNEY, Mr. COTTON, Mr. INHOFE, Mr. 

JOHNSON, and Mr. CASSIDY) introduced the following bill; which was 

read twice and referred to the Committee on Health, Education, Labor, 

and Pensions 

A BILL 

To reform the labor laws of the United States, 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 ‘‘Employee Rights Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—ENHANCING EMPLOYEE RIGHTS 


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Sec. 101. Enhanced Employee Rights. 

Sec. 102. Interference with commerce by threats or violence. 

Sec. 103. Additional labor rights under the National Labor Relations Act. 

TITLE II—EMPLOYEE BENEFITS AND ADVANCEMENT 

Sec. 201. Payment of higher wages. 

Sec. 202. Employment relationships. 

Sec. 203. Preventing Federal actions that cause job losses. 

TITLE III—STRUCTURAL REFORMS 

Sec. 301. Tribal Sovereignty. 

Sec. 302. Labor organizations required to file Form T–1 Trust Annual Reports. 

TITLE IV—ADDITIONAL REFORMS TO EXISTING LABOR RIGHTS 

AND PROTECTIONS 

Sec. 401. Notice of rights and protections; voter registration lists. 

Sec. 402. Labor organization use of personal information. 

Sec. 403. Notices for labor organization cards declaring purpose and disclosure 

of dues and fees. 

1 TITLE I—ENHANCING 

2 EMPLOYEE RIGHTS 

3 SEC. 101. ENHANCED EMPLOYEE RIGHTS. 

4 (a) AMENDMENTS TO THE NATIONAL LABOR RELA5 TIONS ACT.— 

6 (1) UNFAIR LABOR PRACTICES.—Section 

7 8(b)(1) of the National Labor Relations Act (29 

8 U.S.C. 158(b)(1)) is amended by striking ‘‘restrain 

9 or’’ and inserting ‘‘interfere with, restrain, or’’. 

10 (2) REPRESENTATIVES AND ELECTIONS.—The 

11 National Labor Relations Act is amended— 

12 (A) in section 8 (29 U.S.C. 158), by add13 ing at the end the following: 

14 ‘‘(h)(1) Except as described in paragraph (3), it shall 

15 not be an unfair labor practice under subsection (a) for 


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1 an employer that, not more than 90 days prior to the expi2 ration of a collective bargaining agreement in effect be3 tween a representative of employees of the employer in a 

4 bargaining unit and the employer, receives evidence that 

5 the majority of the employees in the unit do not support 

6 the representative for purposes of collective bargaining to 

7 refuse to bargain collectively with the representative prior 

8 to the expiration of the agreement for the purpose of nego9 tiating a new or renewed collective bargaining agreement. 

10 ‘‘(2) An employer that refuses to bargain collectively 

11 in accordance with paragraph (1) shall provide notice of 

12 the refusal to the representative of the bargaining unit on 

13 the date of such refusal. 

14 ‘‘(3)(A) It shall be an unfair labor practice for an 

15 employer described in paragraph (1) to refuse to bargain 

16 collectively with the representative of the bargaining unit 

17 described in such paragraph for the purpose of negotiating 

18 a new or renewed collective bargaining agreement prior 

19 to the expiration of the agreement in effect between the 

20 representative and the employer if the representative rees21 tablishes in accordance with subparagraph (B) that a ma22 jority of the employees in the unit for purposes of collec23 tive bargaining support the representative. 

24 ‘‘(B) A representative reestablishes majority support 

25 under subparagraph (A), if, not more than 45 days after 


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1 the date of the notice of refusal under paragraph (2), the 

2 representative, in accordance with section 9, files a peti3 tion with the Board and is selected for purposes of collec4 tive bargaining by secret ballot, in an election conducted 

5 by the Board, by the majority of the employees in the 

6 unit.’’; and 

7 (B) in section 9(a) (29 U.S.C. 159(a))— 

8 (i) by striking ‘‘designated or selected 

9 for the purposes of collective bargaining’’ 

10 and inserting ‘‘for the purposes of collec11 tive bargaining selected by secret ballot in 

12 an election conducted by the Board,’’; and 

13 (ii) by inserting before the period the 

14 following: ‘‘: Provided further, That, for 

15 purposes of determining the majority of 

16 the employees in a secret ballot election in 

17 a unit, the term ‘majority’ shall mean the 

18 majority of all the employees in the unit, 

19 and not the majority of employees voting 

20 in the election: Provided further, That, for 

21 any bargaining unit that is voluntarily rec22 ognized for the purposes of collective bar23 gaining as of the date of enactment of the 

24 Employee Rights Act, the Board shall, not 

25 later than 120 days after such date of enVerDate Sep 11 2014 02:36 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3889.IS S3889

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1 actment, conduct a secret ballot election 

2 among the represented employees in the 

3 bargaining unit and, if a majority of the 

4 votes cast in such election reject the con5 tinuing representation by the labor organi6 zation, the labor organization shall cease 

7 representation of employees in the bar8 gaining unit and any obligations to or on 

9 behalf of the labor organization in a collec10 tively bargained contract then in effect 

11 shall terminate’’. 

12 (3) FAIR REPRESENTATION IN ELECTIONS.— 

13 Section 9 of the National Labor Relations Act (29 

14 U.S.C. 159) is amended— 

15 (A) in subsection (b), by inserting ‘‘prior 

16 to an election’’ after ‘‘in each case’’; and 

17 (B) in subsection (c)— 

18 (i) in the flush matter following para19 graph (1)(B)— 

20 (I) by inserting ‘‘of 14 days in 

21 advance’’ after ‘‘appropriate hearing 

22 upon due notice’’; 

23 (II) by inserting ‘‘, and a review 

24 of post-hearing appeals,’’ after ‘‘the 

25 record of such hearing’’; and 


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1 (III) by adding at the end the 

2 following: ‘‘The employer shall provide 

3 the Board a list consisting only of em4 ployee names and home addresses of 

5 all eligible voters within 7 days fol6 lowing the Board’s determination of 

7 the appropriate unit or following any 

8 agreement between the employer and 

9 the labor organization regarding the 

10 eligible voters. Any employee may 

11 elect to be excluded from such list by 

12 notifying the employer in writing.’’; 

13 and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(6)(A) No election shall take place after the filing 

17 of any petition unless and until— 

18 ‘‘(i) a hearing is conducted before a qualified 

19 hearing officer in accordance with due process on 

20 any and all material, factual issues regarding juris21 diction, statutory coverage, appropriate unit, unit in22 clusion or exclusion, or eligibility of individuals; and 

23 ‘‘(ii) the issues are resolved by a regional direc24 tor, subject to appeal and review, or by the Board. 


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1 ‘‘(B) No election results shall be final and no labor 

2 organization shall be certified as the bargaining represent3 ative of the employees in an appropriate unit unless and 

4 until— 

5 ‘‘(i) the Board has ruled on each pre-election 

6 issue not resolved before the election; and 

7 ‘‘(ii) the Board conducts a hearing in accord8 ance with due process and resolves each issue per9 taining to the conduct or results of the election.’’. 

10 (4) PENALTIES.—Section 10(c) of the National 

11 Labor Relations Act (29 U.S.C. 160(c)) is amended 

12 by inserting before ‘‘And provided further’’ the fol13 lowing: ‘‘Provided further, That in a case the Board 

14 has found that any labor organization has interfered 

15 with, restrained, or coerced employees in the exercise 

16 of their rights under section 7 to form or join a 

17 labor organization or to refrain therefrom, including 

18 the filing of a decertification petition, the Board 

19 shall order the labor organization to be liable to the 

20 affected employees for wages lost and labor organi21 zation dues or fees collected unlawfully, if any, and 

22 an additional amount as liquidated damages: Pro23 vided further, That any labor organization found to 

24 have interfered with, restrained, or coerced an em25 ployee in connection with the filing of a decertificaVerDate Sep 11 2014 02:36 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3889.IS S3889

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1 tion petition shall be prohibited from filing objec2 tions to an election held pursuant to such petition:’’. 

3 (b) AMENDMENTS TO THE LABOR-MANAGEMENT RE4 PORTING AND DISCLOSURE ACT OF 1959.— 

5 (1) DEFINITION.—Section 3(k) of the Labor6 Management Reporting and Disclosure Act of 1959 

7 (29 U.S.C. 402(k)) is amended by striking ‘‘ballot, 

8 voting machine, or otherwise, but’’ and inserting 

9 ‘‘paper ballot, voting machine, or electronic ballot 

10 cast in the privacy of a voting booth and’’. 

11 (2) RIGHTS OF MEMBERS.—Section 101(a)(1) 

12 of the Labor-Management Reporting and Disclosure 

13 Act of 1959 (29 U.S.C. 411(a)(1)) is amended by 

14 adding at the end the following ‘‘Every employee in 

15 a bargaining unit represented by a labor organiza16 tion, regardless of membership status in the labor 

17 organization, shall have the same right as members 

18 to vote by secret ballot regarding whether to ratify 

19 a collective bargaining agreement with, or to engage 

20 in a strike or refusal to work of any kind against, 

21 their employer.’’. 

22 (3) RIGHT NOT TO SUBSIDIZE LABOR ORGANI23 ZATION NONREPRESENTATIONAL ACTIVITIES.—Title 

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1 sure Act of 1959 (29 U.S.C. 411 et seq.) is amended 

2 by adding at the end the following: 

3 ‘‘SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZA4 TION NONREPRESENTATIONAL ACTIVITIES. 

5 ‘‘No employee’s labor organization dues, fees, assess6 ments, or other contributions shall be used or contributed 

7 to any person, organization, or entity for any purpose not 

8 directly related to the labor organization’s collective bar9 gaining or contract administration functions on behalf of 

10 the represented unit employee unless the employee mem11 ber, or nonmember required to make such payments as 

12 a condition of employment, authorizes such expenditure in 

13 writing, after a notice period of not less than 35 days. 

14 An initial authorization provided by an employee under 

15 the preceding sentence shall expire not later than 1 year 

16 after the date on which such authorization is signed by 

17 the employee. There shall be no automatic renewal of an 

18 authorization under this section.’’. 

19 (4) LIMITATIONS.—Section 101(a) of the 

20 Labor-Management Reporting and Disclosure Act of 

21 1959 (29 U.S.C. 411(a)) is amended by adding at 

22 the end the following: 

23 ‘‘(6) LIMITATION.—No strike shall commence with24 out the consent of a majority of all represented unit em25 ployees affected, determined by a secret ballot vote conVerDate Sep 11 2014 02:36 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3889.IS S3889

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1 ducted by a neutral, private organization chosen by agree2 ment between the employer and the labor organization in3 volved. In any case in which the employer involved has 

4 made an offer for a collective bargaining agreement, the 

5 represented unit employees involved shall be provided the 

6 opportunity for a secret ballot vote on such offer prior to 

7 any vote relating to the commencement of a strike. The 

8 cost of any such election shall be borne by the labor orga9 nization.’’. 

10 (5) REPORTING BY LABOR ORGANIZATIONS.— 

11 Section 201(c) of the Labor-Management Reporting 

12 and Disclosure Act of 1959 (29 U.S.C. 431(c)) is 

13 amended— 

14 (A) by inserting ‘‘and the independently 

15 verified annual audit report of the labor organi16 zation’s financial condition and operations’’ 

17 after ‘‘required to be contained in such report’’; 

18 (B) by inserting ‘‘and represented unit 

19 nonmembers’’ after ‘‘members’’; 

20 (C) by inserting ‘‘and represented unit 

21 nonmember’’ after ‘‘any member’’; 

22 (D) by inserting ‘‘or represented unit non23 member’’ after ‘‘to permit such member’’; 

24 (E) by striking ‘‘and’’ after ‘‘any books, 

25 records,’’; and 


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1 (F) by striking ‘‘necessary to verify such 

2 report’’ and inserting ‘‘, and independently 

3 verified annual audit report of the labor organi4 zation’s financial condition and operations nec5 essary to verify such report required to be sub6 mitted under this title’’. 

7 (6) ACTS OF VIOLENCE.—Section 610 of the 

8 Labor-Management Reporting and Disclosure Act of 

9 1959 (29 U.S.C. 530) is amended— 

10 (A) by striking ‘‘It shall’’ and inserting 

11 ‘‘(a) It shall’’; and 

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

13 ‘‘(b) It shall be unlawful for any person, through the 

14 use of force or violence, or threat of the use of force or 

15 violence, to restrain, coerce, or intimidate, or attempt to 

16 restrain, coerce, or intimidate any person for the purpose 

17 of obtaining from any person any right to represent em18 ployees or any compensation or other term or condition 

19 of employment. Any person who willfully violates this sub20 section shall be fined not more than $100,000 or impris21 oned for not more than 10 years, or both. 

22 ‘‘(c) The lawfulness of a labor organization’s objec23 tives shall not remove or exempt from the definition of 

24 extortion conduct by the labor organization or its agents 


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1 that otherwise constitutes extortion as defined by section 

2 1951(b)(2) of title 18, United States Code.’’. 

3 SEC. 102. INTERFERENCE WITH COMMERCE BY THREATS 

4 OR VIOLENCE. 

5 Section 1951 of title 18, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 1951. Interference with commerce by threats or vi8 olence 

9 ‘‘(a) PROHIBITION.—Except as provided in sub10 section (c), whoever in any way or degree obstructs, 

11 delays, or affects commerce or the movement of any article 

12 or commodity in commerce, by robbery or extortion, or at13 tempts or conspires so to do, or commits or threatens 

14 physical violence to any person or property in furtherance 

15 of a plan or purpose to do anything in violation of this 

16 section, shall be fined not more than $100,000, imprisoned 

17 for a term of not more than 20 years, or both. 

18 ‘‘(b) DEFINITIONS.—For purposes of this section— 

19 ‘‘(1) the term ‘commerce’ means any— 

20 ‘‘(A) commerce within the District of Co21 lumbia, or any territory or possession of the 

22 United States; 

23 ‘‘(B) commerce between any point in a 

24 State, territory, possession, or the District of 

25 Columbia and any point outside thereof; 


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1 ‘‘(C) commerce between points within the 

2 same State through any place outside that 

3 State; and 

4 ‘‘(D) other commerce over which the 

5 United States has jurisdiction; 

6 ‘‘(2) the term ‘extortion’ means the obtaining of 

7 property from any person, with the consent of that 

8 person, if that consent is induced— 

9 ‘‘(A) by actual or threatened use of force 

10 or violence, or fear thereof; 

11 ‘‘(B) by wrongful use of fear not involving 

12 force or violence; or 

13 ‘‘(C) under color of official right; 

14 ‘‘(3) the term ‘labor dispute’ has the same 

15 meaning as in section 2(9) of the National Labor 

16 Relations Act (29 U.S.C. 152(9)); and 

17 ‘‘(4) the term ‘robbery’ means the unlawful tak18 ing or obtaining of personal property from the per19 son or in the presence of another, against his or her 

20 will, by means of actual or threatened force or vio21 lence, or fear of injury, immediate or future— 

22 ‘‘(A) to his or her person or property, or 

23 property in his or her custody or possession; or 

24 ‘‘(B) to the person or property of a relative 

25 or member of his or her family, or of anyone in 


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1 his or her company at the time of the taking or 

2 obtaining. 

3 ‘‘(c) EXEMPTED CONDUCT.— 

4 ‘‘(1) IN GENERAL.—Subsection (a) does not 

5 apply to any conduct that— 

6 ‘‘(A) is incidental to otherwise peaceful 

7 picketing during the course of a labor dispute; 

8 ‘‘(B) consists solely of minor bodily injury, 

9 or minor damage to property, or threat or fear 

10 of such minor injury or damage; and 

11 ‘‘(C) is not part of a pattern of violent con12 duct or of coordinated violent activity. 

13 ‘‘(2) STATE AND LOCAL JURISDICTION.—Any 

14 violation of this section that involves any conduct de15 scribed in paragraph (1) shall be subject to prosecu16 tion only by the appropriate State and local authori17 ties. 

18 ‘‘(d) EFFECT ON OTHER LAW.—Nothing in this sec19 tion shall be construed— 

20 ‘‘(1) to repeal, amend, or otherwise affect— 

21 ‘‘(A) section 6 of the Clayton Act (15 

22 U.S.C. 17); 

23 ‘‘(B) section 20 of the Clayton Act (29 

24 U.S.C. 52); 


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1 ‘‘(C) any provision of the Norris2 LaGuardia Act (29 U.S.C. 101 et seq.); 

3 ‘‘(D) any provision of the National Labor 

4 Relations Act (29 U.S.C. 151 et seq.); or 

5 ‘‘(E) any provision of the Railway Labor 

6 Act (45 U.S.C. 151 et seq.); or 

7 ‘‘(2) to preclude Federal jurisdiction over any 

8 violation of this section, on the basis that the con9 duct at issue— 

10 ‘‘(A) is also a violation of State or local 

11 law; or 

12 ‘‘(B) occurred during the course of a labor 

13 dispute or in pursuit of a legitimate business or 

14 labor objective.’’. 

15 SEC. 103. ADDITIONAL LABOR RIGHTS UNDER THE NA16 TIONAL LABOR RELATIONS ACT. 

17 (a) RELIGIOUS CONSCIENTIOUS EXEMPTION.—Sec18 tion 19 of the National Labor Relations Act (29 U.S.C. 

19 169) is amended— 

20 (1) by striking ‘‘Any employee’’ and inserting 

21 ‘‘(a) Any employee’’; 

22 (2) by striking ‘‘; except that’’ and all that fol23 lows through ‘‘chosen by the employee’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(b)(1) Notwithstanding any other provision in this 

2 Act, a qualified employer shall not be required to comply 

3 with any provision in this Act that requires the employer 

4 to recognize, bargain with, or financially support any labor 

5 organization. 

6 ‘‘(2) For purposes of this subsection— 

7 ‘‘(A) the term ‘qualified employer’ means an 

8 employer— 

9 ‘‘(i) that has a board of directors, of which 

10 a majority of the individuals serving on such 

11 board are qualified individuals; 

12 ‘‘(ii) that has a stock, of which the major13 ity is owned or controlled by a qualified indi14 vidual or qualified individuals; or 

15 ‘‘(iii) whose management is controlled, in 

16 majority, by a qualified individual or qualified 

17 individuals; and 

18 ‘‘(B) the term ‘qualified individual’ means an 

19 individual who is a member of and adheres to estab20 lished and traditional tenets or teachings of a bona 

21 fide religion, body, or sect which has historically held 

22 conscientious objections to recognizing, bargaining 

23 with, or financially supporting labor organizations.’’. 

24 (b) NEW ELECTIONS IN CASES OF LABOR ORGANIZA25 TION MISCONDUCT.—Section 9(c) of the National Labor 


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1 Relations Act (29 U.S.C. 159(c)), as amended by section 

2 101(a)(3)(B), is further amended by adding at the end 

3 the following: 

4 ‘‘(7) In any case in which the Board determines that 

5 the results of an election under this subsection were influ6 enced by the misconduct of a labor organization, including 

7 misconduct through interference, restraint, or coercion of 

8 an employee with respect to such election, the Board shall 

9 set aside the results of such election and order a new elec10 tion with appropriate additional safeguards necessary to 

11 ensure a fair election process.’’. 

12 (c) RIGHTS OF EMPLOYERS REGARDING EMPLOYER13 ISSUED TECHNOLOGY.—The National Labor Relations 

14 Act (29 U.S.C. 151 et seq.) is amended— 

15 (1) by inserting after section 7 (29 U.S.C. 157) 

16 the following: 

17 ‘‘SEC. 7A. RIGHTS OF EMPLOYERS REGARDING EMPLOYER18 ISSUED TECHNOLOGY. 

19 ‘‘An employer shall have the right to determine how 

20 technology issued by the employer (including communica21 tion devices and systems) is used by employees and to pro22 hibit employees from using any such technology for efforts 

23 to form, join, or assist a labor organization.’’; and 


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1 (2) in section 8 (29 U.S.C. 158), as amended 

2 by section 101(a)(2)(A), by adding at the end the 

3 following: 

4 ‘‘(i) It shall be an unfair labor practice for an em5 ployee or a labor organization to interfere with the right 

6 of an employer under section 7A, including by violating 

7 or encouraging employees to violate a prohibition of an 

8 employer described in such section.’’. 

9 (d) REJECTING ARBITRATED FIRST COLLECTIVE

10 BARGAINING AGREEMENTS.—Section 9 of the National 

11 Labor Relations Act (29 U.S.C. 159) is amended by add12 ing at the end the following: 

13 ‘‘(f) Notwithstanding any other provision of law, in 

14 the case of any collective bargaining agreement that was 

15 made through arbitration and that is the first such agree16 ment between an employer and a labor organization, the 

17 employees covered by such agreement shall have the right 

18 to vote on the ratification of such agreement through a 

19 secret ballot election. In the case that such employees ex20 ercise such right and a majority of the employees vote 

21 against ratifying the agreement, the agreement shall be 

22 null and void.’’. 

23 (e) WAITING PERIOD AFTER FAILED LABOR ORGA24 NIZATION VOTE.—Section 9(c) of the National Labor ReVerDate Sep 11 2014 02:36 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3889.IS S3889

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1 lations Act (29 U.S.C. 159(c)), as amended by subsection 

2 (b), is further amended— 

3 (1) in paragraph (3), by striking the first sen4 tence; and 

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

6 ‘‘(8)(A) Subject to subparagraph (B), no election 

7 shall be conducted pursuant to this subsection in any bar8 gaining unit within which, in the preceding 2-year period, 

9 a valid election was held and a majority of the employees 

10 in such bargaining unit voted against representation. 

11 ‘‘(B) An election may be held in a case described in 

12 subparagraph (A) during the period described in such sub13 paragraph if the bargaining unit described in such sub14 paragraph experiences turnover, expansion, or alteration 

15 by merger of unit represented employees exceeding 50 per16 cent of the bargaining unit on the date on which the elec17 tion resulting in a majority of the employees in the unit 

18 voting against representation occurred.’’. 

19 (f) COLLECTIVE OR CLASS ACTIONS.—Section 7 of 

20 the National Labor Relations Act (29 U.S.C. 157) is 

21 amended by adding at the end the following: ‘‘Nothing in 

22 this section shall confer the right of an employee to sup23 port or engage in a class or collective action.’’. 


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1 TITLE II—EMPLOYEE BENEFITS 

2 AND ADVANCEMENT 

3 SEC. 201. PAYMENT OF HIGHER WAGES. 

4 Section 9(a) of the National Labor Relations Act (29 

5 U.S.C. 159(a)) is amended— 

6 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

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

8 ‘‘(2) Notwithstanding a labor organization’s exclusive 

9 representation of employees in a unit, or the terms and 

10 conditions of any collective bargaining contract or agree11 ment then in effect, nothing in either— 

12 ‘‘(A) paragraph (1) or (5) of section 8(a), or 

13 ‘‘(B) a collective bargaining contract or agree14 ment renewed or entered into after the date of en15 actment of the Employee Rights Act, 

16 shall prohibit an employer from paying an employee in the 

17 unit greater wages, pay, or other compensation for, or by 

18 reason of, his or her services as an employee of such em19 ployer, than provided for in such contract or agreement.’’. 

20 SEC. 202. EMPLOYMENT RELATIONSHIPS. 

21 (a) AMENDMENTS TO THE FAIR LABOR STANDARDS

22 ACT OF 1938 TO HARMONIZE THE DEFINITION OF EM23 PLOYEE.— 

24 (1) DEFINITION OF EMPLOYEE.—Section 

25 3(e)(1) of the Fair Labor Standards Act of 1938 


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1 (29 U.S.C. 203(e)(1)) is amended by inserting be2 fore the period the following: ‘‘, as determined under 

3 the usual common law rules’’. 

4 (2) DEFINITION OF EMPLOY.—Section 3(g) of 

5 the Fair Labor Standards Act of 1938 (29 U.S.C. 

6 203(g)) is amended by inserting ‘‘an employee’’ after 

7 ‘‘permit’’. 

8 (b) CLARIFICATION OF JOINT EMPLOYMENT.— 

9 (1) NATIONAL LABOR RELATIONS ACT.—Sec10 tion 2(2) of the National Labor Relations Act (29 

11 U.S.C. 152(2)) is amended— 

12 (A) by striking ‘‘The term ‘employer’ ’’ and 

13 inserting ‘‘(A) The term ‘employer’ ’’; and 

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

15 ‘‘(B) An employer may be considered a joint employer 

16 of the employees of another employer only if each employer 

17 directly, actually, and immediately, and not in a limited 

18 and routine manner, exercises significant control over the 

19 essential terms and conditions of employment of the em20 ployees of the other employer, such as hiring such employ21 ees, discharging such employees, determining the rate of 

22 pay and benefits of such employees, supervising such em23 ployees on a day-to-day basis, assigning such employees 

24 a work schedule, position, or task, or disciplining such em25 ployees.’’. 


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1 (2) FAIR LABOR STANDARDS ACT OF 1938.— 

2 Section 3(d) of the Fair Labor Standards Act of 

3 1938 (29 U.S.C. 203(d)) is amended— 

4 (A) by striking ‘‘ ‘Employer’ includes’’ and 

5 inserting ‘‘(1) ‘Employer’ includes’’; and 

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

7 ‘‘(2) An employer may be considered a joint employer 

8 of the employees of another employer for purposes of this 

9 Act only if each employer meets the criteria set forth in 

10 section 2(2)(B) of the National Labor Relations Act (29 

11 U.S.C. 152(2)(B)) except that, for purposes of deter12 mining joint-employer status under this Act, the terms 

13 ‘employee’ and ‘employer’ referenced in such section shall 

14 have the meanings given such terms in this section.’’. 

15 (c) BENEFITS FOR INDIVIDUALS ACCESSING WORK

16 THROUGH A DIGITAL MARKETPLACE COMPANY.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law, the fact that an individual access19 ing work through a digital marketplace company re20 ceives retirement or fringe benefits from such digital 

21 marketplace company shall not establish, or support 

22 the establishment of, an employee and employer re23 lationship between the individual accessing work 

24 through a digital marketplace company and the dig25 ital marketplace company, respectively, under the 


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1 Fair Labor Standards Act of 1938 (29 U.S.C. 201 

2 et seq.), the National Labor Relations Act (29 

3 U.S.C. 151 et seq.), or any other Federal law. 

4 (2) DEFINITIONS.—In this subsection: 

5 (A) DIGITAL MARKETPLACE COMPANY.— 

6 The term ‘‘digital marketplace company’’ means 

7 a business entity affecting commerce that— 

8 (i)(I) maintains an online-enabled ap9 plication or platform to facilitate the ex10 change of goods or services by users of the 

11 online-enabled application or platform; or 

12 (II) licenses access to an online-en13 abled application or platform to facilitate 

14 the exchange of goods or services; and 

15 (ii) does not require a licensee using 

16 the online-enabled application or platform 

17 to generate business to accept any specific 

18 job request as a condition of maintaining 

19 access to the entity’s online-enabled appli20 cation or platform. 

21 (B) INDIVIDUAL ACCESSING WORK

22 THROUGH A DIGITAL MARKETPLACE COM23 PANY.—The term ‘‘individual accessing work 

24 through a digital marketplace company’’ means 

25 an individual who— 


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•S 3889 IS

1 (i) is provided with the option to ac2 cept or reject job requests through an on3 line-enabled application or platform main4 tained by a digital marketplace company; 

5 and 

6 (ii) provides services to digital plat7 form consumers upon connection through a 

8 digital network maintained by the digital 

9 marketplace company in exchange for com10 pensation or payment of a fee. 

11 (d) PROVISION OF TECHNICAL ASSISTANCE.—Not12 withstanding any other provision of law, under the Fair 

13 Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), 

14 the National Labor Relations Act (29 U.S.C. 151 et seq.), 

15 or any other Federal law, neither of the following may be 

16 construed, alone or in combination with any other factor, 

17 as establishing an employer and employee relationship be18 tween a franchisor (or any employee of the franchisor) and 

19 a franchisee (or any employee of the franchisee): 

20 (1) The franchisor (or any employee of the 

21 franchisor) provides the franchisee (or any employee 

22 of the franchisee) with, or requires such franchisee 

23 (or any employee of the franchisee) to use, a hand24 book, or other training, on sexual harassment, 

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1 tion, or opportunities for apprenticeships or scholar2 ships. 

3 (2) The franchisor (or any employee of the 

4 franchisor) requires the franchisee (or any employee 

5 of the franchisee) to adopt a policy on sexual harass6 ment, human trafficking, workplace violence, dis7 crimination, opportunities for apprenticeships or 

8 scholarships, child care, or paid leave, including a 

9 requirement for such franchisee (or any employee of 

10 the franchisee) to report to the franchisor (or any 

11 employee of the franchisor) any violations or sus12 pected violations of such policy. 

13 (e) PROTECTION OF EMPLOYER RIGHTS.— 

14 (1) PURPOSES.—The purposes of this sub15 section are— 

16 (A) to preserve the balance of rights be17 tween employers, employees, and labor organi18 zations; and 

19 (B) to alleviate pressure on employers to 

20 hire individuals who seek or gain employment in 

21 order to disrupt the workplace of the employer 

22 or otherwise inflict economic harm designed to 

23 put the employer out of business. 

24 (2) CLARIFICATION OF EMPLOYER RIGHTS RE25 GARDING HIRING.—Section 8 of the National Labor 


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•S 3889 IS

1 Relations Act (29 U.S.C. 158), as amended by sec2 tion 103(c)(2), is further amended by adding at the 

3 end the following: 

4 ‘‘(j) Nothing in subsection (a) shall be construed as 

5 requiring an employer to employ any person who seeks or 

6 has sought employment with the employer in furtherance 

7 of other employment or membership in a labor organiza8 tion.’’. 

9 SEC. 203. PREVENTING FEDERAL ACTIONS THAT CAUSE 

10 JOB LOSSES. 

11 (a) DEFINITIONS.—In this section: 

12 (1) AGENCY; RULE.—The terms ‘‘agency’’ and 

13 ‘‘rule’’ have the meanings given those terms in sec14 tion 551 of title 5, United States Code. 

15 (2) DIRECTOR.—The term ‘‘Director’’ means 

16 the Director of the Office of Management and Budg17 et. 

18 (3) EMPLOYER.—The term ‘‘employer’’ has the 

19 meaning given the term in section 2 of the Worker 

20 Adjustment and Retraining Notification Act (29 

21 U.S.C. 2101). 

22 (4) MASS LAYOFF; PLANT CLOSING.—The 

23 terms ‘‘mass layoff’’ and ‘‘plant closing’’ have the 

24 meanings given those terms in section 2 of the 

25 Worker Adjustment and Retraining Notification Act 


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•S 3889 IS

1 (29 U.S.C. 2101), except that those terms do not in2 clude a mass layoff or plant closing described in sec3 tion 4 of that Act (29 U.S.C. 2103). 

4 (5) RESCISSION RESOLUTION.—The term ‘‘re5 scission resolution’’ means a joint resolution— 

6 (A) relating to an Executive order for 

7 which the Director has submitted notice to Con8 gress under subsection (d)(2) that the Execu9 tive order is likely to result in an employer or10 dering a plant closing or mass layoff; 

11 (B) which does not have a preamble; 

12 (C) the title of which is as follows: ‘‘Joint 

13 resolution relating to nullifying the Executive 

14 Order relating to lll.’’, the blank space 

15 being filled in with the title of the Executive 

16 order; and 

17 (D) the matter after the resolving clause of 

18 which is as follows: ‘‘That— 

19 ‘‘(1) effective as if enacted on the date on which 

20 the Executive Order was issued, the provisions of 

21 Executive Order llll, entitled ‘llllll’ 

22 are rescinded and shall have no force or effect; and 

23 ‘‘(2) none of the funds appropriated or other24 wise made available by any Act may be used to im25 plement, administer, or otherwise carry out the ExVerDate Sep 11 2014 02:36 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3889.IS S3889

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1 ecutive Order described in paragraph (1), or any 

2 successor Executive order or regulation.’’, the blank 

3 spaces being filled in with the number and title, re4 spectively, of the Executive order. 

5 (6) STATE.—The term ‘‘State’’ means— 

6 (A) a State; 

7 (B) the District of Columbia; 

8 (C) the Commonwealth of Puerto Rico; 

9 and 

10 (D) any other territory or possession of the 

11 United States. 

12 (b) REVIEW PROCESS OF AGENCY RULES.— 

13 (1) IN GENERAL.—The head of an agency shall 

14 include in each report relating to a rule submitted 

15 to each House of Congress and the Comptroller Gen16 eral of the United States under section 801(a)(1)(A) 

17 of title 5, United States Code, a regulatory impact 

18 statement that includes— 

19 (A) a determination of whether the rule is 

20 likely to result in an employer ordering— 

21 (i) a plant closing; or 

22 (ii) a mass layoff; and 

23 (B) if the head of the agency makes a 

24 positive determination under subparagraph (A), 

25 a list of each State in which an employer is 


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•S 3889 IS

1 likely to order a plant closing or mass layoff as 

2 a result of the rule. 

3 (2) CONSIDERATIONS.—In making a determina4 tion on a rule under paragraph (1)(A), the head of 

5 an agency shall consider comments received from the 

6 public. 

7 (3) NOTIFICATION.—Not later than the date on 

8 which the head of an agency issues a rule for which 

9 the head of the agency makes a positive determina10 tion under paragraph (1)(A), the head of the agency 

11 shall notify— 

12 (A) the Governor of any State included in 

13 a list described in paragraph (1)(B) of the like14 lihood of an employer ordering a plant closing 

15 or mass layoff in that State as a result of the 

16 rule; and 

17 (B) any employees likely to be impacted by 

18 an employer ordering a plant closing or mass 

19 layoff that may occur as a result of the rule. 

20 (c) TIME LIMIT FOR CONGRESSIONAL REVIEW INAP21 PLICABLE.—With respect to a rule for which the head of 

22 an agency makes a positive determination under sub23 section (b)(1)(A), the period during which a joint resolu24 tion described in section 802(a) of title 5, United States 


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•S 3889 IS

1 Code, relating to the rule may be introduced shall be un2 limited. 

3 (d) REVIEW PROCESS OF EXECUTIVE ORDERS.— 

4 (1) IN GENERAL.—Not later than 7 days after 

5 the date on which the President issues an Executive 

6 order, the Director shall determine whether the Ex7 ecutive order is likely to result in an employer order8 ing a mass layoff or plant closing. 

9 (2) NOTIFICATION.—Not later than 15 days 

10 after the date on which the President issues an Ex11 ecutive order for which the Director makes a positive 

12 determination under paragraph (1), the Director 

13 shall submit a notice to Congress and the Governor 

14 of any State in which an employer is likely to order 

15 a plant closing or mass layoff as a result of the Ex16 ecutive order, which shall contain the following mes17 sage: 

18 ‘‘In accordance with section 203 of the Em19 ployee Rights Act, I am notifying you that the Presi20 dent has issued Executive Order Number lll, 

21 which I have determined would likely result in an 

22 employer ordering a plant closing or mass layoff at 

23 lllll.’’, the blank spaces being filled in with 

24 the number of the Executive order and the address 

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1 ployer is likely to order a plant closing or mass lay2 off, respectively. 

3 (e) NULLIFICATION OF EXECUTIVE ACTIONS.— 

4 (1) IN GENERAL.—It shall be in order, not later 

5 than 60 days (excluding days either House of Con6 gress is adjourned for more than 3 days during a 

7 session of Congress) after the date on which the Di8 rector notifies Congress of an Executive order that 

9 is likely to result in an employer ordering a plant 

10 closing or mass layoff under subsection (d)(2), to in11 troduce a rescission resolution in the House of Rep12 resentatives or the Senate with respect to the Execu13 tive order. 

14 (2) CONGRESSIONAL CONSIDERATION OF PRO15 POSED RESCISSION RESOLUTIONS.— 

16 (A) PROCEDURE IN HOUSE AND SEN17 ATE.— 

18 (i) REFERRAL.—Any rescission reso19 lution introduced under paragraph (1) 

20 shall be referred to the appropriate com21 mittee of the House of Representatives or 

22 the Senate, as the case may be. 

23 (ii) DISCHARGE OF COMMITTEE.— 

24 (I) IN GENERAL.—If the com25 mittee to which a rescission resolution 


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•S 3889 IS

1 with respect to an Executive order has 

2 been referred has not reported it at 

3 the end of 25 calendar days of contin4 uous session of the Congress after its 

5 introduction, it is in order to move 

6 to— 

7 (aa) discharge the com8 mittee from further consideration 

9 of the rescission resolution; or 

10 (bb) discharge the com11 mittee from further consideration 

12 of any other rescission resolution 

13 with respect to the same Execu14 tive order, which has been re15 ferred to the committee. 

16 (II) MOTION TO DISCHARGE.—A 

17 motion to discharge may be made only 

18 by an individual favoring the rescis19 sion resolution and may be made only 

20 if supported by one-fifth of the Mem21 bers of the House involved (a quorum 

22 being present). The motion is highly 

23 privileged in the House and privileged 

24 in the Senate (except that it may not 

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•S 3889 IS

1 ported a rescission resolution with re2 spect to the same Executive order) 

3 and debate thereon shall be limited to 

4 not more than 1 hour, the time to be 

5 divided in the House equally between 

6 those favoring and those opposing the 

7 rescission resolution, and to be divided 

8 in the Senate equally between, and 

9 controlled by, the majority leader and 

10 the minority leader or their designees. 

11 An amendment to the motion is not in 

12 order, and it is not in order to move 

13 to reconsider the vote by which the 

14 motion is agreed to or disagreed to. 

15 (iii) FLOOR CONSIDERATION IN THE

16 HOUSE.— 

17 (I) When the committee of the 

18 House of Representatives has re19 ported, or has been discharged from 

20 further consideration of a rescission 

21 resolution, it shall at any time there22 after be in order (even though a pre23 vious motion to the same effect has 

24 been disagreed to) to move to proceed 

25 to the consideration of the rescission 


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•S 3889 IS

1 resolution. The motion shall be highly 

2 privileged and not debatable. An 

3 amendment to the motion shall not be 

4 in order, nor shall it be in order to 

5 move to reconsider the vote by which 

6 the motion is agreed to or disagreed 

7 to. 

8 (II) Debate on a rescission reso9 lution shall be limited to not more 

10 than 2 hours, which shall be divided 

11 equally between those favoring and 

12 those opposing the rescission resolu13 tion or resolution. A motion further to 

14 limit debate shall not be debatable. It 

15 shall not be in order to move to recon16 sider the vote by which a rescission 

17 resolution is agreed to or disagreed to. 

18 (III) Motions to postpone, made 

19 with respect to the consideration of a 

20 rescission resolution, and motions to 

21 proceed to the consideration of other 

22 business, shall be decided without de23 bate. 

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1 plication of the Rules of the House of 

2 Representatives to the procedure re3 lating to any rescission resolution 

4 shall be decided without debate. 

5 (V) Except to the extent specifi6 cally provided in the preceding provi7 sions of this subsection, consideration 

8 of any rescission resolution and 

9 amendments thereto (or any con10 ference report thereon) shall be gov11 erned by the Rules of the House of 

12 Representatives applicable to other re13 scission resolutions and resolutions, 

14 amendments, and conference reports 

15 in similar circumstances. 

16 (iv) FLOOR CONSIDERATION IN THE

17 SENATE.— 

18 (I) Debate in the Senate on any 

19 rescission resolution, and all amend20 ments thereto and debatable motions 

21 and appeals in connection therewith, 

22 shall be limited to not more than 10 

23 hours. The time shall be equally di24 vided between, and controlled by, the 


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•S 3889 IS

1 majority leader and the minority lead2 er or their designees. 

3 (II) Debate in the Senate on any 

4 amendment to a rescission resolution 

5 shall be limited to 2 hours, to be 

6 equally divided between, and con7 trolled by, the mover and the manager 

8 of the rescission resolution. Debate on 

9 any amendment to an amendment, to 

10 such a rescission resolution, and de11 bate on any debatable motion or ap12 peal in connection with such a rescis13 sion resolution shall be limited to 1 

14 hour, to be equally divided between, 

15 and controlled by, the mover and the 

16 manager of the rescission resolution, 

17 except that in the event the manager 

18 of the rescission resolution is in favor 

19 in any such amendment, motion, or 

20 appeal, the time in opposition thereto, 

21 shall be controlled by the minority 

22 leader or his designee. No amendment 

23 that is not germane to the provisions 

24 of a rescission resolution shall be re25 ceived. Such leaders, or either of 


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•S 3889 IS

1 them, may, from the time under their 

2 control on the passage of a rescission 

3 resolution, allot additional time to any 

4 Senator during the consideration of 

5 any amendment, debatable motion, or 

6 appeal. 

7 (III) A motion to further limit 

8 debate is not debatable. A motion to 

9 recommit a rescission resolution (ex10 cept a motion to recommit with in11 structions to report back within a 

12 specified number of days, not to ex13 ceed 3, excluding any day on which 

14 the Senate is not in session) is not in 

15 order. Debate on any such motion to 

16 recommit shall be limited to one hour, 

17 to be equally divided between, and 

18 controlled by, the mover and the man19 ager of the concurrent resolution. 

20 (IV) The conference report on 

21 any rescission resolution shall be in 

22 order in the Senate at any time after 

23 the third day (excluding Saturdays, 

24 Sundays, and legal holidays) following 

25 the day on which such a conference 


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•S 3889 IS

1 report is reported and is available to 

2 Members of the Senate. A motion to 

3 proceed to the consideration of the 

4 conference report may be made even 

5 though a previous motion to the same 

6 effect has been disagreed to. 

7 (V) During Senate consideration 

8 of the conference report on any rescis9 sion resolution, debate shall be limited 

10 to 2 hours, to be equally divided be11 tween, and controlled by, the majority 

12 leader and minority leader or their 

13 designees. Debate on any debatable 

14 motion or appeal related to the con15 ference report shall be limited to 30 

16 minutes, to be equally divided be17 tween, and controlled by, the mover 

18 and the manager of the conference re19 port. 

20 (VI) Should the conference re21 port be defeated, debate on any re22 quest for a new conference and the 

23 appointment of conferees shall be lim24 ited to one hour, to be equally divided, 

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1 ager of the conference report and the 

2 minority leader or his designee, and 

3 should any motion be made to instruct 

4 the conferees before the conferees are 

5 named, debate on such motion shall 

6 be limited to 30 minutes, to be equally 

7 divided between, and controlled by, 

8 the mover and the manager of the 

9 conference report. Debate on any 

10 amendment to any such instructions 

11 shall be limited to 20 minutes, to be 

12 equally divided between, and con13 trolled by the mover and the manager 

14 of the conference report. In all cases 

15 when the manager of the conference 

16 report is in favor of any motion, ap17 peal, or amendment, the time in oppo18 sition shall be under the control of the 

19 minority leader or his designee. 

20 (VII) In any case in which there 

21 are amendments in disagreement, 

22 time on each amendment shall be lim23 ited to 30 minutes, to be equally di24 vided between, and controlled by, the 

25 manager of the conference report and 


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•S 3889 IS

1 the minority leader or his designee. 

2 No amendment that is not germane to 

3 the provisions of such amendments 

4 shall be received. 

5 (3) CONTINUITY OF SESSION OF CONGRESS.— 

6 For the purpose of this subsection, continuity of a 

7 session of the Congress shall be considered as bro8 ken only by an adjournment of the Congress sine 

9 die. 

10 TITLE III—STRUCTURAL 

11 REFORMS 

12 SEC. 301. TRIBAL SOVEREIGNTY. 

13 Section 2 of the National Labor Relations Act (29 

14 U.S.C. 152) is amended— 

15 (1) in paragraph (2), by inserting ‘‘or any In16 dian tribe, or any enterprise or institution owned 

17 and operated by an Indian tribe and located on its 

18 Indian lands,’’ after ‘‘subdivision thereof,’’; and 

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

20 ‘‘(15) The term ‘Indian tribe’ means any Indian 

21 tribe, band, nation, pueblo, or other organized group 

22 or community which is recognized as eligible for the 

23 special programs and services provided by the 

24 United States to Indians because of their status as 

25 Indians. 


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•S 3889 IS

1 ‘‘(16) The term ‘Indian’ means any individual 

2 who is a member of an Indian tribe. 

3 ‘‘(17) The term ‘Indian lands’ means— 

4 ‘‘(A) all lands within the limits of any In5 dian reservation; 

6 ‘‘(B) any lands title to which is either held 

7 in trust by the United States for the benefit of 

8 any Indian tribe or Indian or held by any In9 dian tribe or Indian subject to restriction by the 

10 United States against alienation; and 

11 ‘‘(C) any lands in the State of Oklahoma 

12 that are within the boundaries of a former res13 ervation (as defined by the Secretary of the In14 terior) of a Federally recognized Indian tribe.’’. 

15 SEC. 302. LABOR ORGANIZATIONS REQUIRED TO FILE 

16 FORM T–1 TRUST ANNUAL REPORTS. 

17 Section 201 of the Labor-Management Reporting and 

18 Disclosure Act of 1959 (29 U.S.C. 431) is amended by 

19 adding at the end the following: 

20 ‘‘(d) FORM T–1 ANNUAL TRUST REPORT.— 

21 ‘‘(1) DEFINITION OF COVERED LABOR ORGANI22 ZATION.—In this subsection, the term ‘covered labor 

23 organization’ means a labor organization whose total 

24 annual receipts equal or exceed $250,000. 


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•S 3889 IS

1 ‘‘(2) CONDITIONS.—Each covered labor organi2 zation shall file an annual report containing the in3 formation described in paragraph (3) for each trust 

4 in which a labor organization is interested if the 

5 labor organization (alone or in combination with 

6 other labor organizations)— 

7 ‘‘(A) has, at any time during or prior to 

8 the reporting period, selected or appointed the 

9 majority of the governing board of the trust in 

10 office at any time during the reporting period; 

11 or 

12 ‘‘(B) contributes more than 50 percent of 

13 the receipts of the trust during the reporting 

14 period. 

15 ‘‘(3) REPORT.—A report required under para16 graph (2) shall contain information pertaining to the 

17 financial operations of the labor organization and 

18 the trust, including any transactions or major re19 ceipts or disbursements by the trust during the re20 porting period.’’. 


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1 TITLE IV—ADDITIONAL RE2 FORMS TO EXISTING LABOR 

3 RIGHTS AND PROTECTIONS 

4 SEC. 401. NOTICE OF RIGHTS AND PROTECTIONS; VOTER 

5 REGISTRATION LISTS. 

6 Section 8 of the National Labor Relations Act (29 

7 U.S.C. 158), as amended by section 202(e), is further 

8 amended by adding at the end the following: 

9 ‘‘(k)(1) The Board shall promulgate regulations re10 quiring each employer to post and maintain, in con11 spicuous places where notices to employees and applicants 

12 for employment are customarily posted both physically and 

13 electronically, a notice setting forth the rights and protec14 tions afforded to employees under this Act, which shall 

15 include the right and process to rescind the authority of 

16 a labor organization under section 9(e), an explanation 

17 that any employee in a collective bargaining unit may be 

18 exempt from the activities of the labor organization, and 

19 that any fees collected by such labor organization may not 

20 be used for political activities, and with respect to a State 

21 or Territory in which membership in a labor organization 

22 may not be a condition of employment, an employee may 

23 opt out of any such fees, and with respect to a State or 

24 Territory in which such membership may be a condition 

25 of employment, such fees may only be used by the labor 


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•S 3889 IS

1 organization for collective bargaining and representational 

2 activities. 

3 ‘‘(2) Whenever the Board directs an election under 

4 section 9(c) or approves an election agreement, the em5 ployer of employees in the bargaining unit shall, not later 

6 than two business days after the Board directs such elec7 tion or approves such election agreement, provide a voter 

8 list to a labor organization that has petitioned to represent 

9 such employees. Such voter list shall include the names 

10 of all employees in the bargaining unit and not more than 

11 one additional form of personal contact information for 

12 the employee (such as a telephone number, an email ad13 dress, or a mailing address) chosen by the employee in 

14 writing. The voter list shall be provided in a searchable 

15 electronic format generally approved by the Board unless 

16 the employer certifies that the employer does not possess 

17 the capacity to produce the list in the required form. Not 

18 later than nine months after the date of enactment of the 

19 Employee Rights Act, the Board shall promulgate regula20 tions implementing the requirements of this paragraph. 

21 ‘‘(3) It shall be an unfair labor practice for an em22 ployer to violate any requirement under this subsection.’’. 


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•S 3889 IS

1 SEC. 402. LABOR ORGANIZATION USE OF PERSONAL INFOR2 MATION. 

3 Section 8(b) of the National Labor Relations Act (29 

4 U.S.C. 158(b)) is amended— 

5 (1) in paragraph (6), by striking ‘‘; and’’ and 

6 inserting a semicolon; 

7 (2) in paragraph (7), by striking ‘‘8(b).’’ and 

8 inserting ‘‘8(b); and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(8) to fail to protect the personal information 

11 of an employee received for an organizing drive, to 

12 use such information for any reason other than a 

13 representation proceeding, or to use such informa14 tion after the conclusion of a representation pro15 ceeding.’’. 

16 SEC. 403. NOTICES FOR LABOR ORGANIZATION CARDS DE17 CLARING PURPOSE AND DISCLOSURE OF 

18 DUES AND FEES. 

19 Section 8 of the National Labor Relations Act (29 

20 U.S.C. 158), as amended by section 401, is further 

21 amended by adding at the end the following: 

22 ‘‘(l)(1) Labor organization authorization cards shall 

23 be accompanied by a written notice— 

24 ‘‘(A) specifying that such cards will be used to 

25 certify the labor organization as the exclusive bar26 gaining representative of the employee; and 


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•S 3889 IS

1 ‘‘(B) clarifying the rights of the employee and 

2 the total monthly dues and fees charged by the labor 

3 organization. 

4 ‘‘(2) A card shall not be considered valid without the 

5 written notice required under paragraph (1). 

6 ‘‘(3) Failure by a labor organization to comply with 

7 paragraph (1) shall constitute an unfair labor practice.’’. 

Æ 


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