[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 5, 2007] 
A BILL 
To amend the National Labor Relations Act to establish 
an efficient system to enable employees to form, join, 
or assist labor organizations, to provide for mandatory 
injunctions for unfair labor practices during organizing 
efforts, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Employee Free Choice 
Act of 2007’’. 
SEC. 2. STREAMLINING UNION CERTIFICATION. 
(a) IN GENERAL.—Section 9(c) of the National Labor 
Relations Act (29 U.S.C. 159(c)) is amended by adding at 
the end the following: 
‘‘(6) Notwithstanding any other provision of this sec-
tion, whenever a petition shall have been filed by an em-
ployee or group of employees or any individual or labor 
organization acting in their behalf alleging that a majority 
of employees in a unit appropriate for the purposes of col-
lective bargaining wish to be represented by an individual 
or labor organization for such purposes, the Board shall in-
vestigate the petition. If the Board finds that a majority 
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of the employees in a unit appropriate for bargaining has 
signed valid authorizations designating the individual or 
labor organization specified in the petition as their bar-
gaining representative and that no other individual or 
labor organization is currently certified or recognized as the 
exclusive representative of any of the employees in the unit, 
the Board shall not direct an election but shall certify the 
individual or labor organization as the representative de-
scribed in subsection (a). 
‘‘(7) The Board shall develop guidelines and proce-
dures for the designation by employees of a bargaining rep-
resentative in the manner described in paragraph (6). Such 
guidelines and procedures shall include— 
‘‘(A) model collective bargaining authorization 
language that may be used for purposes of making the 
designations described in paragraph (6); and 
‘‘(B) procedures to be used by the Board to estab-
lish the validity of signed authorizations designating 
bargaining representatives.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) NATIONAL LABOR RELATIONS BOARD.—Sec-
tion 3(b) of the National Labor Relations Act (29 
U.S.C. 153(b)) is amended, in the second sentence— 
(A) by striking ‘‘and to’’ and inserting 
‘‘to’’; and 
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(B) by striking ‘‘and certify the results 
thereof,’’ and inserting ‘‘, and to issue certifi-
cations as provided for in that section,’’. 
(2) UNFAIR LABOR PRACTICES.—Section 8(b) of 
the National Labor Relations Act (29 U.S.C. 158(b)) 
is amended— 
(A) in paragraph (7)(B) by striking ‘‘, or’’ 
and inserting ‘‘or a petition has been filed under 
section 9(c)(6), or’’; and 
(B) in paragraph (7)(C) by striking ‘‘when 
such a petition has been filed’’ and inserting 
‘‘when such a petition other than a petition 
under section 9(c)(6) has been filed’’. 
SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING 
AGREEMENTS. 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158) is amended by adding at the end the following: 
‘‘(h) Whenever collective bargaining is for the purpose 
of establishing an initial agreement following certification 
or recognition, the provisions of subsection (d) shall be 
modified as follows: 
‘‘(1) Not later than 10 days after receiving a 
written request for collective bargaining from an indi-
vidual or labor organization that has been newly or-
ganized or certified as a representative as defined in 
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section 9(a), or within such further period as the par-
ties agree upon, the parties shall meet and commence 
to bargain collectively and shall make every reason-
able effort to conclude and sign a collective bar-
gaining agreement. 
‘‘(2) If after the expiration of the 90-day period 
beginning on the date on which bargaining is com-
menced, or such additional period as the parties may 
agree upon, the parties have failed to reach an agree-
ment, either party may notify the Federal Mediation 
and Conciliation Service of the existence of a dispute 
and request mediation. Whenever such a request is re-
ceived, it shall be the duty of the Service promptly to 
put itself in communication with the parties and to 
use its best efforts, by mediation and conciliation, to 
bring them to agreement. 
‘‘(3) If after the expiration of the 30-day period 
beginning on the date on which the request for medi-
ation is made under paragraph (2), or such addi-
tional period as the parties may agree upon, the 
Service is not able to bring the parties to agreement 
by conciliation, the Service shall refer the dispute to 
an arbitration board established in accordance with 
such regulations as may be prescribed by the Service. 
The arbitration panel shall render a decision settling 
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the dispute and such decision shall be binding upon 
the parties for a period of 2 years, unless amended 
during such period by written consent of the par-
ties.’’. 
SEC. 4. STRENGTHENING ENFORCEMENT. 
(a) INJUNCTIONS AGAINST UNFAIR LABOR PRACTICES 
DURING ORGANIZING DRIVES.— 
(1) IN GENERAL.—Section 10(l) of the National 
Labor Relations Act (29 U.S.C. 160(l)) is amended— 
(A) in the second sentence, by striking ‘‘If, 
after such’’ and inserting the following: 
‘‘(2) If, after such’’; and 
(B) by striking the first sentence and insert-
ing the following: 
‘‘(1) Whenever it is charged— 
‘‘(A) that any employer— 
‘‘(i) discharged or otherwise discriminated 
against an employee in violation of subsection 
(a)(3) of section 8; 
‘‘(ii) threatened to discharge or to otherwise 
discriminate against an employee in violation of 
subsection (a)(1) of section 8; or 
‘‘(iii) engaged in any other unfair labor 
practice within the meaning of subsection (a)(1) 
that significantly interferes with, restrains, or 
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coerces employees in the exercise of the rights 
guaranteed in section 7; 
while employees of that employer were seeking rep-
resentation by a labor organization or during the pe-
riod after a labor organization was recognized as a 
representative defined in section 9(a) until the first 
collective bargaining contract is entered into between 
the employer and the representative; or 
‘‘(B) that any person has engaged in an unfair 
labor practice within the meaning of subparagraph 
(A), (B) or (C) of section 8(b)(4), section 8(e), or sec-
tion 8(b)(7); 
the preliminary investigation of such charge shall be made 
forthwith and given priority over all other cases except cases 
of like character in the office where it is filed or to which 
it is referred.’’. 
(2) CONFORMING
AMENDMENT.—Section 10(m) 
of the National Labor Relations Act (29 U.S.C. 
160(m)) is amended by inserting ‘‘under cir-
cumstances not subject to section 10(l)’’ after ‘‘section 
8’’. 
(b) REMEDIES FOR VIOLATIONS.— 
(1) BACKPAY.—Section 10(c) of the National 
Labor Relations Act (29 U.S.C. 160(c)) is amended 
by striking ‘‘And provided further,’’ and inserting 
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tered into between the employer and the representative shall, 
in addition to any make-whole remedy ordered, be subject 
to a civil penalty of not to exceed $20,000 for each violation. 
In determining the amount of any penalty under this sec-
tion, the Board shall consider the gravity of the unfair labor 
practice and the impact of the unfair labor practice on the 
charging party, on other persons seeking to exercise rights 
guaranteed by this Act, or on the public interest.’’. 
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Union Calendar No. 8 
110TH CONGRESS 
1ST SESSION 
H. R. 800 
[Report No. 110–23] 
A BILL 
To amend the National Labor Relations Act to es-
tablish an efficient system to enable employees to 
form, join, or assist labor organizations, to pro-
vide for mandatory injunctions for unfair labor 
practices during organizing efforts, and for other 
purposes. 
FEBRUARY 16, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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