such members who have been elected by secret ballot by
members in good standing.’’.
(3) QUALIFICATIONS.—Section 401(e) of the
Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 481(e)) is amended by striking
‘‘and to reasonable qualifications uniformly im-
posed’’ and by inserting after ‘‘eligible to be a can-
didate’’ the following: ‘‘(subject to reasonable quali-
fications which do not exclude a majority of the
members and which are uniformly imposed)’’.
(4) OVERTURNING.—Section 402(c)(2) of the
Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 482(c)(2)) is amended by striking
‘‘affected the outcome of an election’’ and inserting
‘‘substantially understated or overstated the support
of one of the candidates for office to the point that
the democratic purposes of the election were under-
mined’’.
(g) INTERVENTION OF SECRETARY.—Section 501(b)
of the Labor-Management Reporting and Disclosure Act
of 1959 (29 U.S.C. 501) is amended by adding the fol-
lowing sentence: ‘‘The Secretary may intervene in a suit
filed under this section if the Secretary determines it is
appropriate.’’.
(h) CIVIL MONEY PENALTIES.—Title VI of the
Labor-Management Reporting and Disclosure Act of 1959
(29 U.S.C. 521, et seq.) is amended—
(1) by redesignating section 611 as section 612;
and
(2) by inserting after section 610 the following:
‘‘SEC. 611. CIVIL MONEY PENALTIES.
‘‘(a) IN GENERAL.—The Secretary, upon finding a
violation of either sections 201(a), 201(b), 202, 203, or
301 of this Act, may require the person, labor organiza-
tion, or employer responsible for such violation to pay a
civil money penalty in an amount determined under a
schedule of penalties which is established and published
by the Secretary and which takes into account the nature
of the violation involved, the revenues of, and the existence
of previous violations of the Act by, the person, labor orga-
nization or employer involved, and such other factors as
the Secretary considers appropriate.
‘‘(b) NOTICE.—The Secretary may not make any de-
termination adverse to a person, labor organization, or
employer under subsection (a) until such person, labor or-
ganization, or employer is given written notice and an op-
portunity to be heard before the Secretary or designee.
Procedures for such notice, opportunity to be heard, deci-
sion and review shall be as set forth under sections 208
and 606. A request for review shall be filed in Federal
district court not later than 30 days after receipt of an
adverse determination.’’.
SEC. 4. REGULATIONS.
Not later than 6 months after the date of the enact-
ment of this Act—
(1) the National Labor Relations Board shall
review and revise all regulations promulgated before
such date to implement the amendments made in
this Act to the National Labor Relations Act; and
(2) the Secretary of Labor shall review and re-
vise all regulations promulgated before such date to
implement the amendments made in this Act to the
Labor-Management Reporting and Disclosure Act of
1959.
SEC. 5. LIMITATION ON SUPERVISION.
(a) IN GENERAL.—A court order that requires—
(1) a third party to monitor the actions and ex-
penditures of a labor organization and its officers,
and
(2) the labor organization to pay for the ex-
penses of the third party for such monitoring,
shall cease to be effective 10 years after such order is
issued.
(b) APPLICATION.—Subsection (a) shall apply to any
court order issued on or after the date of enactment of
this Act and any court order issued before such date.
SEC. 6. CONSPIRACY TO RESTRAIN WORKERS’ ABILITY TO
SELECT REPRESENTATIVE.
Section 6 of the Clayton Act (15 U.S.C. 17) is
amended by adding at the end the following: ‘‘Nothing in
this section shall make it lawful for 2, or more, labor orga-
nizations to enter into an agreement that restrains the
ability of an employee to select a collective representa-
tive.’’.
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