I 
118TH CONGRESS 
1ST SESSION H. R. 6745 
To amend the National Labor Relations Act to permit certain employees 
to engage in independent negotiating. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 13, 2023 
Mr. BURLISON (for himself, Mr. NEHLS, and Mr. GOOD of Virginia) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To amend the National Labor Relations Act to permit 
certain employees to engage in independent negotiating. 
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 ‘‘Worker’s Choice Act 
of 2023’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) In 1935, Congress passed the National 
Labor Relations Act to protect the full freedom of 
association for employees. 
VerDate Sep 11 2014 
23:38 Dec 29, 2023
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6745.IH
H6745
SEC. 3. INDEPENDENT NEGOTIATING. 
(a) UNFAIR LABOR PRACTICES.—Section 8 of the 
National Labor Relations Act (29 U.S.C. 158) is amend-
ed— 
(1) in subsection (a)(3)— 
(A) by striking the ‘‘or’’ before ‘‘(B)’’; and 
(B) by striking ‘‘membership;’’ and insert-
ing ‘‘membership, or (C) if, in a covered State, 
the employee has ceased to be a member of a 
labor organization or pay an exclusive rep-
resentative’’; and 
(2) in subsection (b)— 
(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in the matter following paragraph (7), 
by striking the period at the end and inserting 
a colon; and 
(C) by inserting at the end the following: 
‘‘(8) in a covered State, to represent or bargain 
on behalf of employees who have ceased to be a 
member of a labor organization or pay an exclusive 
representative; 
‘‘(9) in a covered State, to interfere with em-
ployees who have ceased to be a member of a labor 
organization or pay an exclusive representative en-
gaged in independent negotiating; and 
VerDate Sep 11 2014 
23:38 Dec 29, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6745.IH
H6745
‘‘(10) in a covered State, to restrain or coerce 
employees who have ceased to be a member of a 
labor organization or pay an exclusive representative 
from engaging in independent negotiating.’’. 
(b) EXCLUSION OF WORKERS ENGAGED IN INDE-
PENDENT NEGOTIATING FROM REPRESENTATION.—Sec-
tion 9(a) of such Act (29 U.S.C. 159(a)) is amended— 
(1) by inserting ‘‘(other than any employee who 
has elected to engage in independent negotiating)’’ 
after ‘‘all the employees’’; 
(2) by inserting ‘‘, in a State or Territory that 
is not a covered State,’’ before ‘‘any individual’’; and 
(3) by inserting ‘‘and, in a covered State, an in-
dividual employee shall engage in independent nego-
tiating with their employer if such employee has 
ceased to be a member of a labor organization or 
pay an exclusive representative’’ after ‘‘in effect’’. 
(c) INDEPENDENT
NEGOTIATING
AND
COVERED 
STATE DEFINED.—Section 2 of such Act (29 U.S.C. 152) 
is amended by adding at the end the following: 
‘‘(15) The term ‘independent negotiating’ means, in 
a unit located in a covered State with an exclusive rep-
resentative for the purposes of collective bargaining, nego-
tiating between an employer and an individual employee 
as though such employee were not in such a unit and with-
VerDate Sep 11 2014 
23:38 Dec 29, 2023
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6745.IH
H6745
out regard to the existence of a collective-bargaining con-
tract or agreement. 
‘‘(16) The term ‘covered State’ means a State or Ter-
ritory which prohibits the execution or application of 
agreements requiring membership in, or payment to, a 
labor organization as a condition of employment.’’. 
Æ 
VerDate Sep 11 2014 
23:38 Dec 29, 2023
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H6745.IH
H6745