(b) UNFAIR LABOR PRACTICE FOR EMPLOYER.—
Paragraph (3) of section 8(a) of the National Labor Rela-
tions Act (29 U.S.C. 158(a)) is amended by striking
‘‘: Provided, That’’ and all that follows through ‘‘retaining
membership’’.
(c) UNFAIR LABOR PRACTICE FOR LABOR ORGANI-
ZATION.—Section 8(b) of the National Labor Relations
Act (29 U.S.C. 158(b)) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘interfere with,’’ before
‘‘restrain’’; and
(B) by inserting ‘‘(except that an employee
can resign at any time effective immediately)’’
after ‘‘membership therein’’ in clause (A);
(2) in paragraph (2), by striking ‘‘or to dis-
criminate’’ and all that follows through ‘‘retaining
membership’’;
(3) in paragraph (5)—
(A) by striking ‘‘covered by an agreement
authorized under subsection (a)(3)’’;
(B) by striking ‘‘becoming a member of’’
and inserting ‘‘being represented by’’;
(C) by striking the period after ‘‘cir-
cumstances’’, and by inserting ‘‘to defray the
costs of collective bargaining under section
8(d)’’ after ‘‘all the circumstances’’; and
(D) by striking ‘‘In making such’’ and all
that follows through ‘‘the employees affected’’.
(d) EMPLOYEE REPRESENTATION.—Section 9 of the
National Labor Relations Act (29 U.S.C. 159) is amend-
ed—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a)(1) A representative designated or selected for
the purposes of collective bargaining by the affirmative
vote of a majority of all the employees in a unit appro-
priate for such purposes shall be the only collective rep-
resentative of employees in such unit for the purposes of
collective bargaining in respect to rates of pay, wages,
hours of employment, or other conditions of employment
for employees who elect to work under the terms and con-
ditions of a collective bargaining agreement negotiated by
such collective representative.
‘‘(2) A collective representative may represent only
those employees who have affirmatively designated or se-
lected such representation. Any employee designation or
selection under this subsection shall be in writing, shall
state in prominent type that such designation or selection
is revocable at any time, shall be signed by the employee
and delivered to both the employer and the collective rep-
resentative, and shall provide in prominent type that no
financial obligation can be imposed on account of the col-
lective representation of the employee after the date of any
revocation of collective representation.
‘‘(3) The terms and conditions of employment set out
in any collective-bargaining agreement negotiated by a col-
lective representative designated or selected under this
subsection shall apply only to those employees who affirm-
atively elect in writing to accept such terms and conditions
of employment: Provided, That any individual employee or
a group of employees who have elected to accept such
terms and conditions of employment shall have the
nonwaivable right at any time to present grievances to
their employer and to have such grievances adjusted, with-
out the intervention of the collective representative, as
long as the adjustment is not inconsistent with the terms
of the collective-bargaining agreement then in effect for
that employee or group of employees: Provided further,
That the collective representative of such employee or
group of employees has been given an opportunity to be
present at such adjustment. Individual employees who do
not affirmatively elect in writing to accept the terms and
conditions set out in a collective-bargaining agreement
may accept any other terms and conditions of employment
mutually acceptable to them and the employer.’’; and
(2) by striking subsection (e).
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