I
105TH CONGRESS
1ST SESSION
H. R. 1625
To ensure that workers have sufficient information about their rights regard-
ing the payment of dues or fees to labor organizations and the uses
of employee dues and fees by labor organizations.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 1997
Mr. FAWELL (for himself, Mr. GINGRICH, Mr. ARMEY, Mr. BOEHNER, Ms.
MOLINARI, Mr. GOODLING, Mr. BALLENGER, Mr. BARRETT of Nebraska,
Mr. MCKEON, Mr. KNOLLENBERG, Mr. RIGGS, Mr. GRAHAM, Mr.
MCINTOSH, Mr. NORWOOD, Mr. PETERSON of Pennsylvania, Mr. DEAL
of Georgia, Mr. HILLEARY, Mr. PAXON, Mr. WATTS of Oklahoma, Mr.
HERGER, Mr. HEFLEY, Mr. SNOWBARGER, Mrs. FOWLER, Mrs. MYRICK,
Ms. DUNN, Mr. HAYWORTH, and Mr. SKEEN) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
A BILL
To ensure that workers have sufficient information about
their rights regarding the payment of dues or fees to
labor organizations and the uses of employee dues and
fees by labor organizations.
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 Paycheck Fair-
ness Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Workers who pay dues or fees to a labor or-
ganization may not, as a matter of law, be required
to pay to that organization any dues or fees support-
ing activities that are not necessary to performing
the duties of the exclusive representative of the em-
ployees in dealing with the employer on labor-man-
agement issues.
(2) Many labor organizations use portions of
the dues or fees they collect from the workers they
represent for activities that are not necessary to per-
forming the duties of the exclusive representative of
the employees in dealing with the employer on labor-
management issues. These dues may be used to sup-
port political, social, or charitable causes or many
other noncollective bargaining activities. Unfortu-
nately, many workers who pay such dues or fees
have insufficient information both about their rights
regarding the payment of dues or fees to a labor or-
ganization and about how labor organizations spend
employee dues or fees.
(3) It is a fundamental tenet of this Nation
that all men and women have a right to make indi-
vidual and informed choices about the political, so-
cial, or charitable causes they support, and the law
should protect that right to the greatest extent pos-
sible.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure that all workers
have sufficient information about their rights regarding
the payment of dues or fees to labor organizations and
the uses of employee dues and fees by labor organizations
and that the right of all workers to make individual and
informed choices about the political, social, or charitable
causes they support is protected to the greatest extent pos-
sible.
SEC. 4. WRITTEN CONSENT.
(a) IN GENERAL.—
(1) AUTHORIZATION.—A labor organization ac-
cepting payment of any dues or fees from an em-
ployee as a condition of employment pursuant to an
agreement authorized by Federal law must secure
from each employee prior, voluntary, written author-
ization for any portion of such dues or fees which
will be used for activities not necessary to perform-
ing the duties of the exclusive representative of the
employees in dealing with the employer on labor-
management issues.
(2) REQUIREMENTS.—Such written authoriza-
tion shall clearly state that an employee may not be
required to provide such authorization and that if
such authorization is provided, the employee agrees
to allow any dues or fees paid to the labor organiza-
tion to be used for activities which are not necessary
to performing the duties of exclusive representation
and which may be political, social, or charitable in
nature.
(b) REVOCATION.—An authorization described in
subsection (a) shall remain in effect until revoked. Such
revocation shall be effective upon 30 days written notice.
(c) CIVIL ACTION BY EMPLOYEES.—
(1) LIABILITY.—Any labor organization which
violates this section shall be liable to the affected
employee—
(A) for damages equal to—
(i) the amount of the dues or fees ac-
cepted in violation of this section;
(ii) the interest on the amount de-
scribed in clause (i) calculated at the pre-
vailing rate; and
(iii) an additional amount as liq-
uidated damages equal to the sum of the
amount described in clause (i) and the in-
terest described in clause (ii); and
(B) for such equitable relief as may be ap-
propriate.
(2) RIGHT OF ACTION.—An action to recover
the damages or equitable relief prescribed in para-
graph (1) may be maintained against any labor or-
ganization in any Federal or State court of com-
petent jurisdiction by any one or more employees for
and in behalf of—
(A) the employees; or
(B) the employees and other employees
similarly situated.
(3) FEES AND COSTS.—The court in such ac-
tion shall, in addition to any judgment awarded to
the plaintiff, allow a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs of the
action to be paid by the defendant.
(4) LIMITATION.—An action may be brought
under this subsection not later than 2 years after
the date the employee knew or should have known
that dues or fees were accepted or spent by a labor
organization in violation of this Act, except that
such period shall be extended to 3 years in the case
of a willful violation.