I 

117TH CONGRESS 

1ST SESSION H. R. 308 

To direct the National Labor Relations Board to implement a system and 

procedures to conduct representation elections remotely using an electronic voting system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2021 

Mr. LEVIN of Michigan (for himself, Mr. FITZPATRICK, Mrs. AXNE, Mr. 

BACON, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. 

BROWNLEY, Mr. CARSON, Mr. CASE, Mr. CICILLINE, Mr. COHEN, Mr. 

COURTNEY, Mrs. DEMINGS, Mr. DESAULNIER, Mr. DEUTCH, Mr. MICHAEL F. DOYLE of Pennsylvania, Ms. ESHOO, Mr. FOSTER, Mr. 

GALLEGO, Mr. GARAMENDI, Mr. GARCI ́A of Illinois, Mr. GREEN of Texas, 

Mr. GRIJALVA, Mr. HASTINGS, Mrs. HAYES, Mr. HIGGINS of New York, 

Ms. JACKSON LEE, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KEATING, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. LARSON of Connecticut, Ms. LEE of California, Mr. LIEU, Mr. LOWENTHAL, 

Mr. LYNCH, Mr. SEAN PATRICK MALONEY of New York, Mr. MCKINLEY, 

Mr. MOULTON, Mr. MRVAN, Ms. NEWMAN, Mr. NORCROSS, Ms. NORTON, 

Mr. PALLONE, Mr. POCAN, Mr. RYAN, Ms. SA ́NCHEZ, Ms. SCHAKOWSKY, 

Mr. SIRES, Mr. SMITH of New Jersey, Mr. SOTO, Ms. SPANBERGER, Ms. 

STEVENS, Mr. SUOZZI, Mr. SWALWELL, Mr. TAKANO, Mr. THOMPSON of 

Mississippi, Mrs. TRAHAN, Mr. VARGAS, Mrs. WATSON COLEMAN, and 

Ms. WILSON of Florida) introduced the following bill; which was referred 

to the Committee on Education and Labor 

A BILL 

To direct the National Labor Relations Board to implement 

a system and procedures to conduct representation elections remotely using an electronic voting system, and 

for other purposes. 


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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 ‘‘SAFE Workers Act’’ 

5 or the ‘‘Secure and Fair Elections for Workers Act’’. 

6 SEC. 2. ELECTRONIC VOTING IN UNION ELECTIONS. 

7 (a) IN GENERAL.— 

8 (1) ELECTRONIC VOTING SYSTEM.—Subject to 

9 the provisions of this section, not later than 90 days 

10 after the date of the enactment of this Act, the Na11 tional Labor Relations Board shall implement a sys12 tem and procedures to conduct representation elec13 tions remotely using an electronic voting system. 

14 (2) PROCEDURES.—The procedures under para15 graph (1) shall ensure that each employee voting in 

16 a representation election may choose to cast a vote 

17 using either an internet voting system or a telephone 

18 voting system. 

19 (3) NATIONAL MEDIATION BOARD SYSTEM.—If 

20 the Board does not implement a system under para21 graph (1) before the date that is 60 days after the 

22 date of the enactment of this Act, the Board shall 

23 enter into a temporary agreement to use the system 

24 and procedures used by the National Mediation 


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1 Board to conduct representation elections for the pe2 riod— 

3 (A) beginning on the date that is 60 days 

4 after the date of enactment of this Act; and 

5 (B) ending on the date that is 90 days 

6 after the date of enactment of this Act 

7 (b) INTERIM PERIOD.—During the period beginning 

8 on the date of the enactment of this Act and ending upon 

9 the date on which the system and procedures are imple10 mented under subsection (a), the Board shall conduct all 

11 representation elections by mail ballot. 

12 (c) IMPRACTICABILITY.—A regional director shall 

13 conduct a representation election by mail ballot if, during 

14 a representation proceeding with respect to such election, 

15 a party makes a showing that conducting such election 

16 in accordance with the system and procedures under sub17 section (a) is impracticable. 

18 (d) REPORT.— Not later than 90 days of the enact19 ment of this Act, and every 90 days thereafter, the Board 

20 shall submit to Congress a report containing a description 

21 of the following: 

22 (1) For each representation petition under sec23 tion 9 of the National Labor Relations Act filed— 

24 (A) the case name and case number; 


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1 (B) the number of days between the peti2 tion and the election; 

3 (C) the number of days between the stipu4 lation or direction of election and the election; 

5 (D) the method of the election; 

6 (E) the results of the election; and 

7 (F) the number of eligible voters, the num8 ber of voters participating in the election, and 

9 the method by which each of the voters sub10 mitted their vote. 

11 (2) The total cost of conducting all elections the 

12 Board conducted through the system and procedures 

13 required by subsection (a). 

14 (e) PERIOD OF APPLICATION.—The requirements 

15 under this section shall apply with respect to any represen16 tation election conducted during the period— 

17 (1) beginning on the date of enactment of this 

18 Act; and 

19 (2) ending on the date on which a COVID–19 

20 public health emergency is not in effect with respect 

21 to the worksite of a participant of such election. 

22 (f) DEFINITIONS.—In this section: 

23 (1) ELECTRONIC VOTING SYSTEM.—The term 

24 ‘‘electronic voting system’’— 


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1 (A) includes an internet voting system and 

2 a telephone voting system; and 

3 (B) does not include machines used for 

4 casting votes at a polling site or an electronic 

5 tabulation system where votes are cast non-elec6 tronically but counted electronically (such as a 

7 punch card or optical scanning system). 

8 (2) INTERNET VOTING SYSTEM.—The term 

9 ‘‘internet voting system’’ means an internet-based 

10 voting system that allows a participant to cast a bal11 lot remotely using a personal computer or other mo12 bile electronic device that is connected to the inter13 net. 

14 (3) TELEPHONE VOTING SYSTEM.—The term 

15 ‘‘telephone voting system’’ means a voting system in 

16 which participants may cast a vote remotely using a 

17 telephone. 

18 (4) REMOTELY.—The term ‘‘remotely’’, used 

19 with respect to voting in a representation election, 

20 means a vote may be cast at any site chosen by a 

21 participant in such election. 

22 (5) REPRESENTATION ELECTION.—The term 

23 ‘‘representation election’’ means a representation 

24 election under section 9 of the National Labor Rela25 tions Act (29 U.S.C. 159). 


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1 (6) COVID–19 PUBLIC HEALTH EMERGENCY.— 

2 The term ‘‘COVID–19 public health emergency’’ 

3 means a public health emergency with respect to 

4 COVID–19 declared by a Federal, State, or local au5 thority. 

6 (g) AUTHORIZATION OF APPROPRIATION.—There are 

7 authorized to be appropriated $1,000,000 to the Board 

8 to carry out this section. 

9 SEC. 3. AMENDMENT TO FURTHER CONSOLIDATED APPRO10 PRIATIONS ACT. 

11 The Consolidated Appropriations Act, 2021 (Public 

12 Law 116–260) is amended by striking section 407. 

Æ 


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