I 
115TH CONGRESS 
2D SESSION 
H. R. 6544 
To provide protections for workers with respect to their right to select or 
refrain from selecting representation by a labor organization and their 
right to refrain from paying dues or fees to a labor organization for 
nonrepresentational activity, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2018 
Mr. ROE of Tennessee (for himself, Mr. WILSON of South Carolina, Mr. 
ROKITA, Mr. SMUCKER, Mr. FRANCIS ROONEY of Florida, Mr. BYRNE, 
Mr. MESSER, and Mr. BANKS of Indiana) 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 and their right to refrain from 
paying dues or fees to a labor organization for non-
representational activity, and for other purposes. 
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 ‘‘The Employee Rights 
Act of 2018’’. 
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SEC. 2. 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 the period at the end and 
inserting a colon; and 
(B) by adding at the end the following: 
‘‘Provided further, That representatives shall be 
designated or selected through a secret ballot in 
an election conducted by the Board.’’; and 
(2) in subsection (e), by adding at the end the 
following: 
‘‘(3)(A) PETITION
FOR
RECERTIFICATION
ELEC-
TIONS.—An employer of employees within a certified bar-
gaining unit (including a voluntarily recognized bargaining 
unit) covered by an agreement between such employer and 
a labor organization may petition the Board for a recertifi-
cation election with respect to such labor organization if 
such employer asserts that turnover, expansion, or alter-
ation by merger exceeds 50 percent of the bargaining unit. 
‘‘(B) APPROVAL.—If the Board finds that, with re-
spect to a petition under subparagraph (A), turnover, ex-
pansion, or alteration by merger exceeds 50 percent of the 
bargaining unit, the Board shall hold a recertification elec-
tion by members of the bargaining unit through a secret 
paper ballot not later than 30 days after the date of such 
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finding. If a majority of the votes cast in a valid recertifi-
cation election reject the representation by the labor orga-
nization— 
‘‘(i) the Board shall withdraw the certification 
of such labor organization with respect to such em-
ployer; 
‘‘(ii) the labor organization shall cease represen-
tation of employees in such bargaining unit; and 
‘‘(iii) any pending obligations to, or on behalf 
of, the labor organization in a collectively bargained 
contract between such employer and such labor or-
ganization shall terminate on the date that is 30 
days after the date on which the recertification elec-
tion is held. 
‘‘(C) REQUIREMENTS.—Such election shall be con-
ducted without regard to the pendency of any unfair labor 
practice charge against the employer or the labor organi-
zation representing the employees, and the Board shall 
rule on any objections to the election pursuant to its estab-
lished time frames for resolving such matters.’’. 
SEC. 
3. 
RIGHT 
NOT 
TO 
SUBSIDIZE 
UNION 
NON-
REPRESENTATIONAL ACTIVITIES. 
Title I of the Labor-Management Reporting and Dis-
closure Act of 1959 (29 U.S.C. 411 et seq.) is amended 
by adding at the end the following: 
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‘‘SEC. 
106. 
RIGHT 
NOT 
TO 
SUBSIDIZE 
UNION 
NON-
REPRESENTATIONAL ACTIVITIES. 
‘‘No employee’s union dues, fees, or assessments or 
other contributions shall be used or contributed to any 
person, organization, or entity for any purpose not directly 
related to the labor organization’s collective bargaining or 
contract administration functions on behalf of the rep-
resented unit employee unless the employee member, or 
nonmember required to make such payments as a condi-
tion of employment, authorizes such expenditure in writ-
ing, after a notice period of not less than 35 days. An 
initial authorization provided by an employee under the 
preceding sentence shall expire not later than 1 year after 
the date on which such authorization is signed by the em-
ployee. There shall be no automatic renewal of an author-
ization under this section.’’. 
Æ 
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