I

103D CONGRESS

1ST SESSION H. R. 2307

To restore certain political rights to workers.

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1993

Mr. DELAY (for himself, Mr. ARCHER, Mr. ARMEY, Mr. BAKER of Louisiana,

Mr. BALLENGER, Mr. BARRETT of Nebraska, Mr. BARTON of Texas, Mr.

BATEMAN, Mr. BEREUTER, Mr. BOEHNER, Mr. COBLE, Mr. COMBEST,

Mr. COX, Mr. CRANE, Mr. DOOLITTLE, Mr. DORNAN, Mr. DUNCAN, Mr.

EMERSON, Mr. FAWELL, Mr. GALLEGLY, Mr. GILCHREST, Mr. GINGRICH, Mr. GOODLATTE, Mr. GOSS, Mr. GUNDERSON, Mr. HANCOCK, Mr.

HANSEN, Mr. HEFLEY, Mr. HERGER, Mr. HOEKSTRA, Mr. INGLIS of

South Carolina, Mr. INHOFE, Mr. SAM JOHNSON of Texas, Mr. KOLBE,

Mr. KYL, Mr. LEWIS of Florida, Mr. LIVINGSTON, Mr. MCCOLLUM, Mr.

MCMILLAN, Mr. MILLER of Florida, Mr. MOORHEAD, Mr. OXLEY, Mr.

PACKARD, Mr. PORTER, Ms. PRYCE of Ohio, Mr. RAMSTAD, Mr.

ROHRABACHER, Mr. SCHAEFER, Mr. SHAW, Mr. SMITH of Texas, Mr.

STUMP, Mr. TAYLOR of North Carolina, Mr. THOMAS of California, Mr.

THOMAS of Wyoming, Mrs. VUCANOVICH, and Mr. WALKER) introduced

the following bill; which was referred to the Committee on House Administration

A BILL

To restore certain political rights to workers.

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 ‘‘Workers’ Political

5 Rights Act’’.
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1 SEC. 2. LIMITATION ON CONTRIBUTIONS AND EXPENDI2 TURES BY LABOR ORGANIZATIONS.

3 (a) CONTRIBUTIONS TO ALL POLITICAL COMMIT4 TEES INCLUDED.—Paragraph (2) of section 316(b) of the

5 Federal Election Campaign Act of 1971 (2 U.S.C.

6 441b(b)(2)) is amended by inserting ‘‘political commit7 tee,’’ after ‘‘campaign committee,’’.

8 (b) APPLICABILITY OF REQUIREMENTS TO LABOR

9 ORGANIZATIONS.—Section 316(b) of the Federal Election

10 Campaign Act of 1971 (2 U.S.C. 441b(b)) is amended by

11 adding at the end thereof the following new paragraph:

12 ‘‘(8)(A) Subparagraphs (A), (B), and (C) of para13 graph (2) shall not apply to a labor organization unless

14 the organization meets the requirements of subparagraphs

15 (B), (C), and (D).

16 ‘‘(B) The requirements of this subparagraph are met

17 only if the labor organization provides, at least once annu18 ally, to all employees within the labor organization’s bar19 gaining unit or units (and to new employees within 30

20 days after commencement of their employment) written

21 notification presented in a manner to inform any such em22 ployee—

23 ‘‘(i) that an employee cannot be obligated to

24 pay, through union dues or any other mandatory

25 payment to a labor organization, for the political ac26 tivities of the labor organization, including, but not
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1 limited to, the maintenance and operation of, or so2 licitation of contributions to, a political committee,

3 political communications to members, and voter reg4 istration and get-out-the-vote campaigns;

5 ‘‘(ii) that no employee may be required actually

6 to join any labor organization, but if a collective bar7 gaining agreement covering an employee purports to

8 require membership or payment of dues or other

9 fees to a labor organization as a condition of em10 ployment, the employee may elect instead to pay an

11 agency fee to the labor organization;

12 ‘‘(iii) that the amount of the agency fee shall be

13 limited to the employee’s pro rata share of the cost

14 of the labor organization’s exclusive representation

15 services to the employee’s collective bargaining unit,

16 including collective bargaining, contract administra17 tion, and grievance adjustment;

18 ‘‘(iv) that an employee who elects to be a full

19 member of the labor organization and pay member20 ship dues is entitled to a reduction of those dues by

21 the employee’s pro rata share of the total spending

22 by the labor organization for political activities;

23 ‘‘(v) that the cost of the labor organization’s ex24 clusive representation services, and the amount of

25 spending by such organization for political activities,
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1 shall be computed on the basis of such cost and

2 spending for the immediately preceding fiscal year of

3 such organization; and

4 ‘‘(vi) of the amount of the labor organization’s

5 full membership dues, initiation fees, and assess6 ments for the current year; the amount of the re7 duced membership dues, subtracting the employee’s

8 pro rata share of the organization’s spending for po9 litical activities, for the current year; and the

10 amount of the agency fee for the current year.

11 ‘‘(C) The requirements of this subparagraph are met

12 only if the labor organization provides all represented em13 ployees an annual examination by an independent certified

14 public accountant of financial statements supplied by such

15 organization which attests that the expenditures which the

16 union claimed it made for certain expenses were actually

17 made for those expenses. Such examination shall be con18 ducted in accordance with generally accepted auditing

19 standards.

20 ‘‘(D) The requirements of this subparagraph are met

21 only if the labor organization—

22 ‘‘(i) maintains procedures to promptly deter23 mine the costs that may properly be charged to

24 agency fee payors as costs of exclusive representa-
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1 tion, and explains such procedures in the written no2 tification required under subparagraph (B); and

3 ‘‘(ii) if any person challenges the costs which

4 may be properly charged as costs of exclusive rep5 resentation—

6 ‘‘(I) provides a mutually selected impartial

7 decisionmaker to hear and decide such chal8 lenge pursuant to rules of discovery and evi9 dence and subject to de novo review by the Na10 tional Labor Relations Board or an applicable

11 court; and

12 ‘‘(II) places in escrow amounts reasonably

13 in dispute pending the outcome of the chal14 lenge.

15 ‘‘(E)(i) A labor organization that does not satisfy the

16 requirements of subparagraphs (B), (C), and (D) shall fi17 nance any expenditures specified in subparagraphs (A),

18 (B), or (C) of paragraph (2) only with funds legally col19 lected under this Act for its separate segregated fund.

20 ‘‘(ii) For purposes of this paragraph, subparagraph

21 (A) of paragraph (2) shall apply only with respect to com22 munications expressly advocating the election or defeat of

23 any clearly identified candidate for elective public office.’’.
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1 SEC. 3. EFFECTIVE DATE.

2 The amendments made by section 2 shall apply to

3 contributions and expenditures made after the date of the

4 enactment of this Act.

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