I
107TH CONGRESS
2D SESSION
H. R. 3632
To ensure that labor dues and fees are used only for collective bargaining
purposes and exclusive representation.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 24, 2002
Mr. TANCREDO introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To ensure that labor dues and fees are used only for
collective bargaining purposes and exclusive representation.
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 Freedom of
Choice Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Because of the statutory requirements that
certain workers must pay dues or fees to certain
labor organizations subject to the National Labor
Relations Act, workers who pay dues or fees to labor
organizations should not, as a matter of law, be re-
quired to support activities of labor organizations
that do not relate directly to the express purposes of
the National Labor Relations Act, to-wit, those pur-
poses expressed in the policies found in section 1 of
such Act, (29 U.S.C. 151). In enacting the National
Labor Relations Act, Congress expressly recognized
that a purpose of the Act was to protect the freedom
of association or actual liberty of contract of employ-
ees. To strengthen the ability of labor organizations
to represent all employees with regard to the express
purposes of the National Labor Relations Act, it is
statutorily provided that labor organizations regu-
lated by such Act may require employees to pay dues
or fees to a labor organization as a condition of their
employment.
(2) Some labor organizations use the general
treasury funds that consist of, or include, statutorily
required dues and fees paid by employees for pur-
poses other than the express purposes of the Na-
tional Labor Relations Act. Some labor organiza-
tions use such treasury funds to support political
candidates, tax-exempt organizations, issue advocacy
and lobbying in support of legislation or causes
which individual workers may not otherwise support
and are not directly related to the express statutory
purposes for which those funds are collected from
workers by legislative mandate. Such uses of funds
violate the rights and freedoms of association of em-
ployees for which the collective bargaining rights are
statutorily protected under the National Labor Rela-
tions Act.
(3) It is a fundamental tenet of this Nation
that all men and women have a right to make indi-
vidual choices about the political, social or charitable
causes they support. It is also a fundamental right
that an individual may not be forced or coerced by
organizations, as a condition of employment, to sup-
port causes of any type, especially those that may be
contrary to, or even inconsistent with, their indi-
vidual beliefs. Such forced or coerced support vio-
lates basic notions of First Amendment rights of
free speech and freedom of association.
SEC. 3. FREEDOM TO CHOOSE.
(a) IN GENERAL.—
(1) CORE PURPOSES.—Notwithstanding the ex-
ception in section 7 of the National Labor Relations
Act (29 U.S.C. 157), an employer or labor organiza-
tion subject to a valid labor agreement shall not re-
(iv) not more than $1,000 in punitive
damages;
(B) for such equitable relief as may be ap-
propriate; and
(C) revocation of tax exempt status.
(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 court of competent juris-
diction by any one or more employees for and in be-
half 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 5 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 by a labor organization.
SEC. 4. NOTICE.
An employer whose employees are represented by a
collective bargaining representative shall be required to
post a notice, of such size and in such form as the Depart-
ment of Labor shall prescribe, in conspicuous places in
and about its plants and offices, including all places where
notices to employees are customarily posted, informing
employees that any labor organization accepting payment
of any dues or fees from an employee as a condition of
employment pursuant to an agreement authorized by Fed-
eral law is not permitted to withhold any portion of such
dues or fees used for activities not necessary to performing
the duties of the exclusive representative of the employees
in dealing with the employer on labor-management issues.
SEC. 5. DISCLOSURE TO WORKERS.
(a) EXPENSES REPORTING.—Section 201(b) of the
Labor-Management Reporting and Disclosure Act of 1959
is amended by adding at the end the following new sen-
tence: ‘‘Every labor organization shall be required to at-
tribute and report expenses verified by an independent
audit using generally accepted accounting principles and
standards in such detail as necessary to allow members
to determine whether such expenses were necessary to per-
forming the duties of the exclusive representative of the
employees in dealing with the employer on labor-manage-
ment issues.’’
(b) DISCLOSURE.—Section 201(c) of the Labor-Man-
agement Reporting and Disclosure Act of 1959 is
amended—
(1) by inserting ‘‘and employees required to pay
any dues or fees to such organization’’ after ‘‘mem-
bers’’; and
(2) inserting ‘‘or employee required to pay any
dues or fees to such organization’’ after ‘‘member’’
each place it appears.
(c) WRITTEN REQUESTS.—Section 205(b) of the
Labor-Management Reporting and Disclosure Act of 1959
is amended by adding at the end the following new sen-
tence: ‘‘Upon written request, the Secretary shall make
available complete copies of any report or other document
filed pursuant to section 201.’’.
SEC. 6. RETALIATION AND COERCION PROHIBITED.
It shall be unlawful for any labor organization to co-
erce, intimidate, threaten, interfere with, or retaliate
against any employee in the exercise of, or on account of
having exercised, any right granted or protected by this
Act.
SEC. 7. REGULATIONS.
The Secretary of Labor shall prescribe such regula-
tions as are necessary to carry out sections 3 and 4 of
this Act not later than 60 days after the date of enactment
of this Act and shall prescribe such regulations as are nec-
essary to carry out the amendments made by section 5
not later than 120 days after such date of enactment.
SEC. 8. CONSTRUCTION.
Nothing in this Act shall be construed to prohibit or
discourage an employee from making voluntary personal
contributions to charities, affiliates, events, or organiza-
tions endorsed or otherwise supported by a labor organiza-
tion.
SEC. 9. EFFECTIVE DATE AND APPLICATION.
This Act shall be effective immediately upon enact-
ment, except that sections 4 and 5 pertaining to worker
consent and notice shall take effect 90 days after enact-
ment and section 6 pertaining to disclosure shall take ef-
fect 150 days after enactment.
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