I 
108TH CONGRESS 
1ST SESSION H. R. 3078
To amend the National Labor Relations Act to establish an efficient system 
to enable employees to form or become members of labor organizations, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2003
Mr. GEORGE MILLER of California (for himself, Mr. BISHOP of New York, 
Mr. GRIJALVA, Mr. PAYNE, Mr. KILDEE, Mr. OWENS, Mr. TIERNEY, Mr. 
ABERCROMBIE, Ms. SOLIS, Mr. KUCINICH, Mr. UDALL of New Mexico, 
Mrs. MCCARTHY of New York, Mr. RYAN of Ohio, Ms. CARSON of Indi-
ana, Ms. SCHAKOWSKY, Ms. SLAUGHTER, Ms. DELAURO, Mr. SERRANO, 
Ms. MCCOLLUM, and Ms. WOOLSEY) introduced the following bill; which 
was referred to the Committee on Education and the Workforce 
A BILL 
To amend the National Labor Relations Act to establish 
an efficient system to enable employees to form or be-
come members of labor organizations, and for other pur-
poses.
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 Right to 
Choose Act of 2003’’.
SEC. 2. STREAMLINING UNIONIZATION PROCESS. 
The National Labor Relations Act (29 U.S.C. 151 
et seq.) is amended—
(1) in section 3(b), in the second sentence—
(A) by striking ‘‘and to’’ and inserting 
‘‘to’’; and 
(B) by striking ‘‘and certify the results 
thereof,’’ and inserting ‘‘, and to make the cer-
tifications provided for in section 9,’’; 
(2) in section 8—
(A) in subsection (b)(7)(C), in the first 
proviso—
(i) by striking ‘‘the provisions of sec-
tion 9(c)(1) or’’; and 
(ii) by striking ‘‘direct an election in 
such unit as the Board finds to be appro-
priate and shall certify the results thereof’’ 
and inserting ‘‘process the petition in ac-
cordance with section 9(c)(1)’’; and 
(B) by striking subsection (d) and insert-
ing the following: 
‘‘(d) COLLECTIVE BARGAINING.—
‘‘(1) IN GENERAL.—For the purposes of this 
section, to bargain collectively is the performance of 
the mutual obligation of the employer and the rep-
resentative of the employees to meet at reasonable
times and confer in good faith with respect to wages, 
hours, and other terms and conditions of employ-
ment, or the negotiation of an agreement, or any 
question arising thereunder, and the execution of a 
written 
contract 
incorporating 
any 
agreement 
reached if requested by either party, but such obliga-
tion does not compel either party to agree to a pro-
posal or require the making of a concession: Pro-
vided, That where there is in effect a collective-bar-
gaining contract covering employees in an industry 
affecting commerce, the duty to bargain collectively 
shall also mean that no party to such contract shall 
terminate or modify such contract, unless the party 
desiring such termination or modification—
‘‘(A) serves a written notice upon the other 
party to the contract of the proposed termi-
nation or modification 60 days prior to the ex-
piration date thereof, or in the event such con-
tract contains no expiration date, 60 days prior 
to the time it is proposed to make such termi-
nation or modification; 
‘‘(B) offers to meet and confer with the 
other party for the purpose of negotiating a 
new contract or a contract containing the pro-
posed modifications;
‘‘(C) notifies the Federal Mediation and 
Conciliation Service within 30 days after such 
notice of the existence of a dispute, and simul-
taneously therewith notifies any State or Terri-
torial agency established to mediate and concil-
iate disputes within the State or Territory 
where the dispute occurred, provided no agree-
ment has been reached by that time; and 
‘‘(D) continues in full force and effect, 
without resorting to strike or lock-out, all the 
terms and conditions of the existing contract 
for a period of 60 days after such notice is 
given or until the expiration date of such con-
tract, whichever occurs later: 
The duties imposed upon employers, employees, and 
labor organizations by subparagraphs (B), (C), and 
(D) shall become inapplicable upon an intervening 
certification of the Board, under which the labor or-
ganization or individual, which is a party to the con-
tract, has been superseded as or ceased to be the 
representative of the employees subject to the provi-
sions of section 9(a), and the duties so imposed shall 
not be construed as requiring either party to discuss 
or agree to any modification of the terms and condi-
tions contained in a contract for a fixed period, if
such modification is to become effective before such 
terms and conditions can be reopened under the pro-
visions of the contract. Any employee who engages 
in a strike within any notice period specified in this 
subsection, or who engages in any strike within the 
appropriate period specified in subsection (g), shall 
lose his status as an employee of the employer en-
gaged in the particular labor dispute, for the pur-
poses of sections 8, 9, and 10 of this Act, as amend-
ed, but such loss of status for such employee shall 
terminate if and when he is reemployed by such em-
ployer. 
‘‘(2) BARGAINING
FOR
EMPLOYEES
OF
A 
HEALTH CARE INSTITUTION.—Whenever the collec-
tive bargaining involves employees of a health care 
institution, the provisions of this subsection shall be 
modified as follows: 
‘‘(A) The notice of paragraph (1)(A) shall 
be 90 days; the notice of paragraph (1)(C) shall 
be 60 days; and the contract period of para-
graph (1)(D) shall be 90 days. 
‘‘(B) Where the bargaining is for an initial 
agreement following certification or recognition, 
at least 30 days’ notice of the existence of a
dispute shall be given by the labor organization 
to the agencies set forth in paragraph (1)(C). 
‘‘(C) After notice is given to the Federal 
Mediation and Conciliation Service under either 
clause (A) or (B) of this sentence, the Service 
shall promptly communicate with the parties 
and use its best efforts, by mediation and con-
ciliation, to bring them to agreement. The par-
ties shall participate fully and promptly in such 
meetings as may be undertaken by the Service 
for the purpose of aiding in a settlement of the 
dispute. 
‘‘(3) BARGAINING
FOR
AN
INITIAL
AGREE-
MENT.—Whenever the collective bargaining is for an 
initial agreement following certification or recogni-
tion, the provisions of this subsection shall be modi-
fied as follows: 
‘‘(A) Not later than 10 days after receiving 
a written request for collective bargaining from 
an individual or labor organization that has 
been newly recognized or certified as a rep-
resentative, as described in section 9(a), or 
within such further period as the parties agree 
upon, the parties shall meet and commence to 
bargain collectively and shall make every rea-
sonable effort to conclude and sign a collective 
bargaining agreement. 
‘‘(B) If after 180 days from the com-
mencement of bargaining, or such further pe-
riod as the parties agree upon, the parties have 
failed to reach an agreement, either party may 
notify the Federal Mediation and Conciliation 
Service of the existence of a dispute and re-
quest 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 medi-
ation and conciliation, to bring the parties to 
agreement. 
‘‘(C) If after 30 days from the request for 
mediation, or such further period as the parties 
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 arbi-
tration panel shall render a decision settling 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 parties.’’; and 
(3) in section 9—
(A) by striking subsection (c) and inserting 
the following: 
‘‘(c) HEARINGS
ON QUESTIONS AFFECTING COM-
MERCE; RULES AND REGULATIONS.—
‘‘(1) IN GENERAL.—Whenever a petition shall 
have been filed, in accordance with such regulations 
as may be prescribed by the Board—
‘‘(A) by an employee or group of employees 
or any individual or labor organization acting in 
their behalf alleging that a substantial number 
of employees wish to be represented for collec-
tive bargaining and that their employer declines 
to recognize their representative as the rep-
resentative described in subsection (a); or 
‘‘(B) by an employer, alleging that an indi-
vidual or labor organization has presented to 
the employer a claim to be recognized as the 
representative described in subsection (a), 
the Board shall investigate such petition and if the 
Board has reasonable cause to believe that a ques-
tion of representation affecting commerce exists, 
shall provide for an appropriate hearing upon due
notice. Such hearing may be conducted by an officer 
or employee of the regional office, who shall not 
make any recommendations with respect thereto. If 
the Board finds upon the record of such hearing 
that such a question of representation exists, the 
Board shall direct an election by secret ballot and 
shall certify the results thereof: Provided, That if the 
Board finds that, as of the date of the filing of the 
petition or such other date as the Board considers 
appropriate, a majority of the employees in a unit 
appropriate for collective bargaining have signed au-
thorizations designating the individual or labor orga-
nization specified in the petition as their bargaining 
representative, and there is no other individual or 
labor organization that has been so designated by 30 
percent or more of the employees, the Board shall 
not direct an election but shall certify the individual 
or labor organization as the representative described 
in subsection (a). 
‘‘(2) INDIVIDUAL OR LABOR ORGANIZATION NO 
LONGER
REPRESENTATIVE.—Whenever a petition 
shall have been filed, in accordance with such regu-
lations as may be prescribed by the Board by an em-
ployee or group of employees or any individual or 
labor organization acting in their behalf alleging
that a substantial number of employees assert that 
the individual or labor organization, which has been 
certified or is being currently recognized by their 
employer as the bargaining representative, is no 
longer a representative as described in subsection 
(a), the Board shall investigate such petition and if 
the Board has reasonable cause to believe that a 
question of representation affecting commerce exists 
shall provide for an appropriate hearing upon due 
notice. Such hearing may be conducted by an officer 
or employee of the regional office, who shall not 
make any recommendations with respect thereto. If 
the Board finds upon the record of such hearing 
that such a question of representation exists, it shall 
direct an election by secret ballot and shall certify 
the results thereof. 
‘‘(3) REGULATIONS AND RULES OF DECISION.—
In determining whether or not a question of rep-
resentation affecting commerce exists, the same reg-
ulations and rules of decision shall apply irrespective 
of the identity of the persons filing the petition or 
the kind of relief sought and in no case shall the 
Board deny a labor organization a place on the bal-
lot by reason of an order with respect to such labor
organization or its predecessor not issued in con-
formity with section 10(c). 
‘‘(4) LIMITATION ON ELECTION.—No election 
shall be directed in any bargaining unit or any sub-
division within which, in the preceding 12-month pe-
riod, a valid election shall have been held, and no 
bargaining representative shall be certified on the 
basis of a showing of majority support obtained 
within the 12-month period following such an elec-
tion. Employees engaged in an economic strike who 
are not entitled to reinstatement shall be eligible to 
vote under such regulations as the Board shall find 
are consistent with the purposes and provisions of 
this subchapter in any election conducted within 12 
months after the commencement of the strike. In 
any election where none of the choices on the ballot 
receives a majority, a run-off shall be conducted, the 
ballot providing for a selection between the 2 choices 
receiving the largest and second largest number of 
valid votes cast in the election. 
‘‘(5) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to prohibit the 
waiving of hearings by stipulation for the purpose of 
a consent election in conformity with regulations and 
rules of decision of the Board.
‘‘(6) 
DETERMINATION
OF
APPROPRIATE 
UNIT.—In determining whether a unit is appropriate 
for the purposes specified in subsection (b), the ex-
tent to which the employees have organized shall not 
be controlling. 
‘‘(7) GUIDELINES
AND
PROCEDURES.—The 
Board shall develop guidelines and procedures for 
the designation by employees of a bargaining rep-
resentative as described in subsection (a). Such 
guidelines and procedures shall include—
‘‘(A) model collective bargaining authoriza-
tion language that may be used for purposes of 
making the designations described in paragraph 
(1); and 
‘‘(B) procedures to be used by the Board 
to establish the authenticity of signed author-
izations designating bargaining representa-
tives.’’; and 
(B) by striking subsection (e). 
SEC. 3. CONFORMING AMENDMENTS. 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158) is amended—
(1) in subsection (a)(3)(ii), by striking ‘‘section 
9(e)’’ and inserting ‘‘section 9(c)(1)’’; and
(2) in subsection (f), by striking ‘‘9(e)’’ and in-
serting ‘‘9(c)(1)’’.
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