I 
113TH CONGRESS 
1ST SESSION H. R. 3485 
To provide protections for workers with respect to their right to select or 
refrain from selecting representation by a labor organization. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2013 
Mr. PRICE of Georgia (for himself, Mrs. BACHMANN, Mr. BISHOP of Utah, 
Mrs. BLACKBURN, Mr. BUCSHON, Mr. CASSIDY, Mr. CHABOT, Mr. COLE, 
Mr. CRAWFORD, Mr. CRENSHAW, Mr. DUNCAN of South Carolina, Mr. 
FLEMING, Mr. FLORES, Mr. FRANKS of Arizona, Mr. GINGREY of Geor-
gia, Mr. HARPER, Mr. HUDSON, Mr. HUELSKAMP, Ms. JENKINS, Mr. 
SAM JOHNSON of Texas, Mr. KINGSTON, Mr. KING of Iowa, Mr. 
LAMALFA, 
Mr. 
MARCHANT, 
Mr. 
MULVANEY, 
Mr. 
OLSON, 
Mr. 
PITTENGER, Mr. PITTS, Mr. RADEL, Mr. RIBBLE, Mr. ROSS, Mr. SALM-
ON, Mr. SESSIONS, Mr. WESTMORELAND, Mr. WILSON of South Carolina, 
and Mr. YOHO) introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To provide protections for workers with respect to their 
right to select or refrain from selecting representation 
by a labor organization. 
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 Rights Act’’. 
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SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA-
TIONS ACT. 
(a) UNFAIR LABOR PRACTICES.—Section 8(b)(1) of 
the National Labor Relations Act (29 U.S.C. 158(b)(1)) 
is amended by inserting ‘‘interfere with’’ before ‘‘re-
strain’’. 
(b) REPRESENTATIVES AND ELECTIONS.—Section 9 
of the National Labor Relations Act (29 U.S.C. 159) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘designated or selected for 
the purposes of collective bargaining’’ and in-
serting ‘‘for the purposes of collective bar-
gaining selected by secret ballot in an election 
conducted by the Board,’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘: Provided further, That, for purposes 
of determining the majority of the employees in 
a secret ballot election in a unit, the term ‘ma-
jority’ shall mean the majority of all the em-
ployees in the unit, and not the majority of em-
ployees voting in the election’’; and 
(2) in subsection (e), by adding at the end the 
following: 
‘‘(3) Whenever any certified or voluntarily recognized 
bargaining unit existing on or after the date of enactment 
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of the Employee Rights Act experiences turnover, expan-
sion, or alteration by merger of unit represented employ-
ees exceeding 50 percent of the bargaining unit on such 
date and (A) the unit represented employees are covered 
by a negotiated and agreed-upon collective agreement in 
effect between a labor organization representative and an 
employer, the Board shall conduct a secret paper ballot 
election among the represented employees in the bar-
gaining unit between the 120th day and 110th day prior 
to the collective agreement’s expiration or prior to the con-
clusion of three years, whichever occurs earlier, or (B) 
there is no negotiated collective agreement then in effect 
between a labor organization and an employer, the Board 
shall conduct a secret paper ballot election among the rep-
resented employees in the bargaining unit within 30 days. 
Thereafter, a secret ballot election shall again be con-
ducted under the same conditions and procedures when-
ever the recognized bargaining unit experiences turnover, 
expansion, or alteration by merger of unit represented em-
ployees exceeding 50 percent of the bargaining unit then 
in existence at the time of the preceding secret paper bal-
lot election. The election shall be conducted without regard 
to the pendency of any unfair labor practice charge 
against the employer or the labor organization representa-
tive and the Board shall rule on any objections to the elec-
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tion pursuant to its established timeframes for resolving 
such matters. If a majority of the votes cast in a valid 
election reject the continuing representation by the labor 
organization, the Board shall withdraw the labor organiza-
tion’s certification, the labor organization shall cease rep-
resentation of employees in the bargaining unit, and any 
obligations to or on behalf of the labor organization in a 
collectively bargained contract then in effect shall termi-
nate.’’. 
(c) FAIR REPRESENTATION IN ELECTIONS.—Section 
9 of the National Labor Relations Act (29 U.S.C. 159) 
is amended— 
(1) in subsection (b), by inserting ‘‘prior to an 
election’’ after ‘‘in each case’’; and 
(2) in subsection (c)— 
(A) in the flush matter following para-
graph (1)(B)— 
(i) by inserting ‘‘of 14 days in ad-
vance’’ after ‘‘appropriate hearing upon 
due notice’’; 
(ii) by inserting ‘‘, and a review of 
post-hearing appeals,’’ after ‘‘the record of 
such hearing’’; and 
(iii) by adding at the end the fol-
lowing: ‘‘The employer shall provide the 
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