I 
117TH CONGRESS 
2D SESSION 
H. R. 7194 
To reform the labor laws of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 24, 2022 
Mr. ALLEN (for himself, Mr. WILSON of South Carolina, Mr. COMER, Mr. 
JOHNSON of South Dakota, Mr. MOOLENAAR, Mr. PERRY, Mr. GOOD of 
Virginia, Mrs. RODGERS of Washington, Mr. CRAWFORD, Mr. SMITH of 
Nebraska, Mr. AUSTIN SCOTT of Georgia, Mr. LOUDERMILK, Mr. DUNN, 
Mr. GOSAR, Mr. BUCK, Mr. STEUBE, Mr. FITZGERALD, Mr. BUDD, Mr. 
NORMAN, Mr. CARTER
of Georgia, Mrs. MILLER
of Illinois, Mr. 
TIMMONS, Mr. LAMALFA, Mrs. HARSHBARGER, and Mr. HUDSON) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor, and in addition to the Committees on the Judiciary, 
and Rules, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To reform the labor laws of the United States, 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 ‘‘Employee Rights Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
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Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—ENHANCING EMPLOYEE RIGHTS 
Sec. 101. Enhanced employee rights. 
Sec. 102. Interference with commerce by threats or violence. 
Sec. 103. Additional labor rights under the National Labor Relations Act. 
TITLE II—EMPLOYEE BENEFITS AND ADVANCEMENT 
Sec. 201. Payment of higher wages. 
Sec. 202. Employment relationships. 
Sec. 203. Preventing Federal actions that cause job losses. 
TITLE III—STRUCTURAL REFORMS 
Sec. 301. Tribal sovereignty. 
Sec. 302. Labor organizations required to file Form T–1 Trust Annual Re-
ports. 
TITLE IV—ADDITIONAL REFORMS TO EXISTING LABOR RIGHTS 
AND PROTECTIONS 
Sec. 401. Notice of rights and protections; voter registration lists. 
Sec. 402. Labor organization use of personal information. 
Sec. 403. Notices for labor organization cards declaring purpose and disclosure 
of dues and fees. 
TITLE I—ENHANCING 
EMPLOYEE RIGHTS 
SEC. 101. ENHANCED EMPLOYEE RIGHTS. 
(a) AMENDMENTS TO THE NATIONAL LABOR RELA-
TIONS ACT.— 
(1) 
UNFAIR
LABOR
PRACTICES.—Section 
8(b)(1) of the National Labor Relations Act (29 
U.S.C. 158(b)(1)) is amended by striking ‘‘restrain 
or’’ and inserting ‘‘interfere with, restrain, or’’. 
(2) REPRESENTATIVES AND ELECTIONS.—The 
National Labor Relations Act is amended— 
(A) in section 8 (29 U.S.C. 158), by add-
ing at the end the following: 
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‘‘(h)(1) Except as described in paragraph (3), it shall 
not be an unfair labor practice under subsection (a) for 
an employer that, not more than 90 days prior to the expi-
ration of a collective bargaining agreement in effect be-
tween a representative of employees of the employer in a 
bargaining unit and the employer, receives evidence that 
the majority of the employees in the unit do not support 
the representative for purposes of collective bargaining to 
refuse to bargain collectively with the representative prior 
to the expiration of the agreement for the purpose of nego-
tiating a new or renewed collective bargaining agreement. 
‘‘(2) An employer that refuses to bargain collectively 
in accordance with paragraph (1) shall provide notice of 
the refusal to the representative of the bargaining unit on 
the date of such refusal. 
‘‘(3)(A) It shall be an unfair labor practice for an 
employer described in paragraph (1) to refuse to bargain 
collectively with the representative of the bargaining unit 
described in such paragraph for the purpose of negotiating 
a new or renewed collective bargaining agreement prior 
to the expiration of the agreement in effect between the 
representative and the employer if the representative rees-
tablishes in accordance with subparagraph (B) that a ma-
jority of the employees in the unit for purposes of collec-
tive bargaining support the representative. 
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‘‘(B) A representative reestablishes majority support 
under subparagraph (A), if, not more than 45 days after 
the date of the notice of refusal under paragraph (2), the 
representative, in accordance with section 9, files a peti-
tion with the Board and is selected for purposes of collec-
tive bargaining by secret ballot, in an election conducted 
by the Board, by the majority of the employees in the 
unit.’’; and 
(B) in section 9(a) (29 U.S.C. 159(a))— 
(i) by striking ‘‘designated or selected 
for the purposes of collective bargaining’’ 
and inserting ‘‘for the purposes of collec-
tive bargaining selected by secret ballot in 
an election conducted by the Board,’’; and 
(ii) by inserting before the period the 
following: ‘‘: Provided further, That, for 
purposes of determining the majority of 
the employees in a secret ballot election in 
a unit, the term ‘majority’ shall mean the 
majority of all the employees in the unit, 
and not the majority of employees voting 
in the election: Provided further, That, for 
any bargaining unit that is voluntarily rec-
ognized for the purposes of collective bar-
gaining as of the date of enactment of the 
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Employee Rights Act, the Board shall, not 
later than 120 days after such date of en-
actment, conduct a secret ballot election 
among the represented employees in the 
bargaining unit and, if a majority of the 
votes cast in such election reject the con-
tinuing representation by the labor organi-
zation, the labor organization shall cease 
representation of employees in the bar-
gaining unit and any obligations to or on 
behalf of the labor organization in a collec-
tively bargained contract then in effect 
shall terminate’’. 
(3) FAIR
REPRESENTATION
IN
ELECTIONS.— 
Section 9 of the National Labor Relations Act (29 
U.S.C. 159) is amended— 
(A) in subsection (b), by inserting ‘‘prior 
to an election’’ after ‘‘in each case’’; and 
(B) in subsection (c)— 
(i) in the flush matter following para-
graph (1)(B)— 
(I) by inserting ‘‘of 14 days in 
advance’’ after ‘‘appropriate hearing 
upon due notice’’; 
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(II) by inserting ‘‘, and a review 
of post-hearing appeals,’’ after ‘‘the 
record of such hearing’’; and 
(III) by adding at the end the 
following: ‘‘The employer shall provide 
the Board a list consisting only of em-
ployee names and home addresses of 
all eligible voters within 7 days fol-
lowing the Board’s determination of 
the appropriate unit or following any 
agreement between the employer and 
the labor organization regarding the 
eligible voters. Any employee may 
elect to be excluded from such list by 
notifying the employer in writing.’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(6)(A) No election shall take place after the filing 
of any petition unless and until— 
‘‘(i) a hearing is conducted before a qualified 
hearing officer in accordance with due process on 
any and all material, factual issues regarding juris-
diction, statutory coverage, appropriate unit, unit in-
clusion or exclusion, or eligibility of individuals; and 
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‘‘(ii) the issues are resolved by a regional direc-
tor, subject to appeal and review, or by the Board. 
‘‘(B) No election results shall be final and no labor 
organization shall be certified as the bargaining represent-
ative of the employees in an appropriate unit unless and 
until— 
‘‘(i) the Board has ruled on each pre-election 
issue not resolved before the election; and 
‘‘(ii) the Board conducts a hearing in accord-
ance with due process and resolves each issue per-
taining to the conduct or results of the election.’’. 
(4) PENALTIES.—Section 10(c) of the National 
Labor Relations Act (29 U.S.C. 160(c)) is amended 
by inserting before ‘‘And provided further’’ the fol-
lowing: ‘‘Provided further, That in a case the Board 
has found that any labor organization has interfered 
with, restrained, or coerced employees in the exercise 
of their rights under section 7 to form or join a 
labor organization or to refrain therefrom, including 
the filing of a decertification petition, the Board 
shall order the labor organization to be liable to the 
affected employees for wages lost and labor organi-
zation dues or fees collected unlawfully, if any, and 
an additional amount as liquidated damages: Pro-
vided further, That any labor organization found to 
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have interfered with, restrained, or coerced an em-
ployee in connection with the filing of a decertifica-
tion petition shall be prohibited from filing objec-
tions to an election held pursuant to such petition:’’. 
(b) AMENDMENTS TO THE LABOR-MANAGEMENT RE-
PORTING AND DISCLOSURE ACT OF 1959.— 
(1) DEFINITION.—Section 3(k) of the Labor- 
Management Reporting and Disclosure Act of 1959 
(29 U.S.C. 402(k)) is amended by striking ‘‘ballot, 
voting machine, or otherwise, but’’ and inserting 
‘‘paper ballot, voting machine, or electronic ballot 
cast in the privacy of a voting booth and’’. 
(2) RIGHTS OF MEMBERS.—Section 101(a)(1) 
of the Labor-Management Reporting and Disclosure 
Act of 1959 (29 U.S.C. 411(a)(1)) is amended by 
adding at the end the following ‘‘Every employee in 
a bargaining unit represented by a labor organiza-
tion, regardless of membership status in the labor 
organization, shall have the same right as members 
to vote by secret ballot regarding whether to ratify 
a collective bargaining agreement with, or to engage 
in a strike or refusal to work of any kind against, 
their employer.’’. 
(3) RIGHT NOT TO SUBSIDIZE LABOR ORGANI-
ZATION NONREPRESENTATIONAL ACTIVITIES.—Title 
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I of the Labor-Management Reporting and Disclo-
sure Act of 1959 (29 U.S.C. 411 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZA-
TION NONREPRESENTATIONAL ACTIVITIES. 
‘‘No employee’s labor organization dues, fees, assess-
ments, 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 bar-
gaining or contract administration functions on behalf of 
the represented unit employee unless the employee mem-
ber, or nonmember required to make such payments as 
a condition of employment, authorizes such expenditure in 
writing, 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 employee. There shall be no automatic renewal of an 
authorization under this section.’’. 
(4) 
LIMITATIONS.—Section 
101(a) 
of 
the 
Labor-Management Reporting and Disclosure Act of 
1959 (29 U.S.C. 411(a)) is amended by adding at 
the end the following: 
‘‘(6) LIMITATION.—No strike shall commence with-
out the consent of a majority of all represented unit em-
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ployees affected, determined by a secret ballot vote con-
ducted by a neutral, private organization chosen by agree-
ment between the employer and the labor organization in-
volved. In any case in which the employer involved has 
made an offer for a collective bargaining agreement, the 
represented unit employees involved shall be provided the 
opportunity for a secret ballot vote on such offer prior to 
any vote relating to the commencement of a strike. The 
cost of any such election shall be borne by the labor orga-
nization.’’. 
(5) REPORTING BY LABOR ORGANIZATIONS.— 
Section 201(c) of the Labor-Management Reporting 
and Disclosure Act of 1959 (29 U.S.C. 431(c)) is 
amended— 
(A) by inserting ‘‘and the independently 
verified annual audit report of the labor organi-
zation’s financial condition and operations’’ 
after ‘‘required to be contained in such report’’; 
(B) by inserting ‘‘and represented unit 
nonmembers’’ after ‘‘members’’; 
(C) by inserting ‘‘and represented unit 
nonmember’’ after ‘‘any member’’; 
(D) by inserting ‘‘or represented unit non-
member’’ after ‘‘to permit such member’’; 
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(E) by striking ‘‘and’’ after ‘‘any books, 
records,’’; and 
(F) by striking ‘‘necessary to verify such 
report’’ and inserting ‘‘, and independently 
verified annual audit report of the labor organi-
zation’s financial condition and operations nec-
essary to verify such report required to be sub-
mitted under this title’’. 
(6) ACTS OF VIOLENCE.—Section 610 of the 
Labor-Management Reporting and Disclosure Act of 
1959 (29 U.S.C. 530) is amended— 
(A) by striking ‘‘It shall’’ and inserting 
‘‘(a) It shall’’; and 
(B) by adding at the end the following: 
‘‘(b) It shall be unlawful for any person, through the 
use of force or violence, or threat of the use of force or 
violence, to restrain, coerce, or intimidate, or attempt to 
restrain, coerce, or intimidate any person for the purpose 
of obtaining from any person any right to represent em-
ployees or any compensation or other term or condition 
of employment. Any person who willfully violates this sub-
section shall be fined not more than $100,000 or impris-
oned for not more than 10 years, or both. 
‘‘(c) The lawfulness of a labor organization’s objec-
tives shall not remove or exempt from the definition of 
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extortion conduct by the labor organization or its agents 
that otherwise constitutes extortion as defined by section 
1951(b)(2) of title 18, United States Code.’’. 
SEC. 102. INTERFERENCE WITH COMMERCE BY THREATS 
OR VIOLENCE. 
Section 1951 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1951. Interference with commerce by threats or vi-
olence 
‘‘(a) PROHIBITION.—Except as provided in sub-
section (c), whoever in any way or degree obstructs, 
delays, or affects commerce or the movement of any article 
or commodity in commerce, by robbery or extortion, or at-
tempts or conspires so to do, or commits or threatens 
physical violence to any person or property in furtherance 
of a plan or purpose to do anything in violation of this 
section, shall be fined not more than $100,000, imprisoned 
for a term of not more than 20 years, or both. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘commerce’ means any— 
‘‘(A) commerce within the District of Co-
lumbia, or any territory or possession of the 
United States; 
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‘‘(A) to his or her person or property, or 
property in his or her custody or possession; or 
‘‘(B) to the person or property of a relative 
or member of his or her family, or of anyone in 
his or her company at the time of the taking or 
obtaining. 
‘‘(c) EXEMPTED CONDUCT.— 
‘‘(1) IN
GENERAL.—Subsection (a) does not 
apply to any conduct that— 
‘‘(A) is incidental to otherwise peaceful 
picketing during the course of a labor dispute; 
‘‘(B) consists solely of minor bodily injury, 
or minor damage to property, or threat or fear 
of such minor injury or damage; and 
‘‘(C) is not part of a pattern of violent con-
duct or of coordinated violent activity. 
‘‘(2) STATE
AND
LOCAL
JURISDICTION.—Any 
violation of this section that involves any conduct de-
scribed in paragraph (1) shall be subject to prosecu-
tion only by the appropriate State and local authori-
ties. 
‘‘(d) EFFECT ON OTHER LAW.—Nothing in this sec-
tion shall be construed— 
‘‘(1) to repeal, amend, or otherwise affect— 
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‘‘(A) section 6 of the Clayton Act (15 
U.S.C. 17); 
‘‘(B) section 20 of the Clayton Act (29 
U.S.C. 52); 
‘‘(C) 
any 
provision 
of 
the 
Norris- 
LaGuardia Act (29 U.S.C. 101 et seq.); 
‘‘(D) any provision of the National Labor 
Relations Act (29 U.S.C. 151 et seq.); or 
‘‘(E) any provision of the Railway Labor 
Act (45 U.S.C. 151 et seq.); or 
‘‘(2) to preclude Federal jurisdiction over any 
violation of this section, on the basis that the con-
duct at issue— 
‘‘(A) is also a violation of State or local 
law; or 
‘‘(B) occurred during the course of a labor 
dispute or in pursuit of a legitimate business or 
labor objective.’’. 
SEC. 103. ADDITIONAL LABOR RIGHTS UNDER THE NA-
TIONAL LABOR RELATIONS ACT. 
(a) RELIGIOUS CONSCIENTIOUS EXEMPTION.—Sec-
tion 19 of the National Labor Relations Act (29 U.S.C. 
169) is amended— 
(1) by striking ‘‘Any employee’’ and inserting 
‘‘(a) Any employee’’; 
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(2) by striking ‘‘; except that’’ and all that fol-
lows through ‘‘chosen by the employee’’; and 
(3) by adding at the end the following: 
‘‘(b)(1) Notwithstanding any other provision in this 
Act, a qualified employer shall not be required to comply 
with any provision in this Act that requires the employer 
to recognize, bargain with, or financially support any labor 
organization. 
‘‘(2) For purposes of this subsection— 
‘‘(A) the term ‘qualified employer’ means an 
employer— 
‘‘(i) that has a board of directors, of which 
a majority of the individuals serving on such 
board are qualified individuals; 
‘‘(ii) that has a stock, of which the major-
ity is owned or controlled by a qualified indi-
vidual or qualified individuals; or 
‘‘(iii) whose management is controlled, in 
majority, by a qualified individual or qualified 
individuals; and 
‘‘(B) the term ‘qualified individual’ means an 
individual who is a member of and adheres to estab-
lished and traditional tenets or teachings of a bona 
fide religion, body, or sect which has historically held 
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conscientious objections to recognizing, bargaining 
with, or financially supporting labor organizations.’’. 
(b) NEW ELECTIONS IN CASES OF LABOR ORGANIZA-
TION MISCONDUCT.—Section 9(c) of the National Labor 
Relations Act (29 U.S.C. 159(c)), as amended by section 
101(a)(3)(B), is further amended by adding at the end 
the following: 
‘‘(7) In any case in which the Board determines that 
the results of an election under this subsection were influ-
enced by the misconduct of a labor organization, including 
misconduct through interference, restraint, or coercion of 
an employee with respect to such election, the Board shall 
set aside the results of such election and order a new elec-
tion with appropriate additional safeguards necessary to 
ensure a fair election process.’’. 
(c) RIGHTS OF EMPLOYERS REGARDING EMPLOYER- 
ISSUED TECHNOLOGY.—The National Labor Relations 
Act (29 U.S.C. 151 et seq.) is amended— 
(1) by inserting after section 7 (29 U.S.C. 157) 
the following: 
‘‘SEC. 7A. RIGHTS OF EMPLOYERS REGARDING EMPLOYER- 
ISSUED TECHNOLOGY. 
‘‘An employer shall have the right to determine how 
technology issued by the employer (including communica-
tion devices and systems) is used by employees and to pro-
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hibit employees from using any such technology for efforts 
to form, join, or assist a labor organization.’’; and 
(2) in section 8 (29 U.S.C. 158), as amended 
by section 101(a)(2)(A), by adding at the end the 
following: 
‘‘(i) It shall be an unfair labor practice for an em-
ployee or a labor organization to interfere with the right 
of an employer under section 7A, including by violating 
or encouraging employees to violate a prohibition of an 
employer described in such section.’’. 
(d) REJECTING ARBITRATED FIRST COLLECTIVE 
BARGAINING AGREEMENTS.—Section 9 of the National 
Labor Relations Act (29 U.S.C. 159) is amended by add-
ing at the end the following: 
‘‘(f) Notwithstanding any other provision of law, in 
the case of any collective bargaining agreement that was 
made through arbitration and that is the first such agree-
ment between an employer and a labor organization, the 
employees covered by such agreement shall have the right 
to vote on the ratification of such agreement through a 
secret ballot election. In the case that such employees ex-
ercise such right and a majority of the employees vote 
against ratifying the agreement, the agreement shall be 
null and void.’’. 
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(e) WAITING PERIOD AFTER FAILED LABOR ORGA-
NIZATION VOTE.—Section 9(c) of the National Labor Re-
lations Act (29 U.S.C. 159(c)), as amended by subsection 
(b), is further amended— 
(1) in paragraph (3), by striking the first sen-
tence; and 
(2) by adding at the end the following: 
‘‘(8)(A) Subject to subparagraph (B), no election 
shall be conducted pursuant to this subsection in any bar-
gaining unit within which, in the preceding 2-year period, 
a valid election was held and a majority of the employees 
in such bargaining unit voted against representation. 
‘‘(B) An election may be held in a case described in 
subparagraph (A) during the period described in such sub-
paragraph if the bargaining unit described in such sub-
paragraph experiences turnover, expansion, or alteration 
by merger of unit represented employees exceeding 50 per-
cent of the bargaining unit on the date on which the elec-
tion resulting in a majority of the employees in the unit 
voting against representation occurred.’’. 
(f) COLLECTIVE OR CLASS ACTIONS.—Section 7 of 
the National Labor Relations Act (29 U.S.C. 157) is 
amended by adding at the end the following: ‘‘Nothing in 
this section shall confer the right of an employee to sup-
port or engage in a class or collective action.’’. 
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TITLE II—EMPLOYEE BENEFITS 
AND ADVANCEMENT 
SEC. 201. PAYMENT OF HIGHER WAGES. 
Section 9(a) of the National Labor Relations Act (29 
U.S.C. 159(a)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(2) by adding at the end the following: 
‘‘(2) Notwithstanding a labor organization’s exclusive 
representation of employees in a unit, or the terms and 
conditions of any collective bargaining contract or agree-
ment then in effect, nothing in either— 
‘‘(A) paragraph (1) or (5) of section 8(a), or 
‘‘(B) a collective bargaining contract or agree-
ment renewed or entered into after the date of en-
actment of the Employee Rights Act, 
shall prohibit an employer from paying an employee in the 
unit greater wages, pay, or other compensation for, or by 
reason of, his or her services as an employee of such em-
ployer, than provided for in such contract or agreement.’’. 
SEC. 202. EMPLOYMENT RELATIONSHIPS. 
(a) AMENDMENTS TO THE FAIR LABOR STANDARDS 
ACT OF 1938 TO HARMONIZE THE DEFINITION OF EM-
PLOYEE.— 
(1) 
DEFINITION
OF
EMPLOYEE.—Section 
3(e)(1) of the Fair Labor Standards Act of 1938 
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(29 U.S.C. 203(e)(1)) is amended by inserting be-
fore the period the following: ‘‘, as determined under 
the usual common law rules’’. 
(2) DEFINITION OF EMPLOY.—Section 3(g) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(g)) is amended by inserting ‘‘an employee’’ after 
‘‘permit’’. 
(b) CLARIFICATION OF JOINT EMPLOYMENT.— 
(1) NATIONAL
LABOR
RELATIONS
ACT.—Sec-
tion 2(2) of the National Labor Relations Act (29 
U.S.C. 152(2)) is amended— 
(A) by striking ‘‘The term ‘employer’ ’’ and 
inserting ‘‘(A) The term ‘employer’ ’’; and 
(B) by adding at the end the following: 
‘‘(B) An employer may be considered a joint employer 
of the employees of another employer only if each employer 
directly, actually, and immediately, and not in a limited 
and routine manner, exercises significant control over the 
essential terms and conditions of employment of the em-
ployees of the other employer, such as hiring such employ-
ees, discharging such employees, determining the rate of 
pay and benefits of such employees, supervising such em-
ployees on a day-to-day basis, assigning such employees 
a work schedule, position, or task, or disciplining such em-
ployees.’’. 
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(2) FAIR LABOR STANDARDS ACT OF 1938.— 
Section 3(d) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(d)) is amended— 
(A) by striking ‘‘ ‘Employer’ includes’’ and 
inserting ‘‘(1) ‘Employer’ includes’’; and 
(B) by adding at the end the following: 
‘‘(2) An employer may be considered a joint employer 
of the employees of another employer for purposes of this 
Act only if each employer meets the criteria set forth in 
section 2(2)(B) of the National Labor Relations Act (29 
U.S.C. 152(2)(B)) except that, for purposes of deter-
mining joint-employer status under this Act, the terms 
‘employee’ and ‘employer’ referenced in such section shall 
have the meanings given such terms in this section.’’. 
(c) BENEFITS FOR INDIVIDUALS ACCESSING WORK 
THROUGH A DIGITAL MARKETPLACE COMPANY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the fact that an individual access-
ing work through a digital marketplace company re-
ceives retirement or fringe benefits from such digital 
marketplace company shall not establish, or support 
the establishment of, an employee and employer re-
lationship between the individual accessing work 
through a digital marketplace company and the dig-
ital marketplace company, respectively, under the 
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Fair Labor Standards Act of 1938 (29 U.S.C. 201 
et seq.), the National Labor Relations Act (29 
U.S.C. 151 et seq.), or any other Federal law. 
(2) DEFINITIONS.—In this subsection: 
(A) DIGITAL
MARKETPLACE
COMPANY.— 
The term ‘‘digital marketplace company’’ means 
a business entity affecting commerce that— 
(i)(I) maintains an online-enabled ap-
plication or platform to facilitate the ex-
change of goods or services by users of the 
online-enabled application or platform; or 
(II) licenses access to an online-en-
abled application or platform to facilitate 
the exchange of goods or services; and 
(ii) does not require a licensee using 
the online-enabled application or platform 
to generate business to accept any specific 
job request as a condition of maintaining 
access to the entity’s online-enabled appli-
cation or platform. 
(B) 
INDIVIDUAL
ACCESSING
WORK 
THROUGH
A
DIGITAL
MARKETPLACE
COM-
PANY.—The term ‘‘individual accessing work 
through a digital marketplace company’’ means 
an individual who— 
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(i) is provided with the option to ac-
cept or reject job requests through an on-
line-enabled application or platform main-
tained by a digital marketplace company; 
and 
(ii) provides services to digital plat-
form consumers upon connection through a 
digital network maintained by the digital 
marketplace company in exchange for com-
pensation or payment of a fee. 
(d) PROVISION OF TECHNICAL ASSISTANCE.—Not-
withstanding any other provision of law, under the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), 
the National Labor Relations Act (29 U.S.C. 151 et seq.), 
or any other Federal law, none of the following may be 
construed, alone or in combination with any other factor, 
as establishing an employer and employee relationship be-
tween a franchisor (or any employee of the franchisor) and 
a franchisee (or any employee of the franchisee): 
(1) The franchisor (or any employee of the 
franchisor) provides the franchisee (or any employee 
of the franchisee) with, or requires such franchisee 
(or any employee of the franchisee) to use, a hand-
book, or other training, on sexual harassment, 
human trafficking, workplace violence, discrimina-
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tion, or opportunities for apprenticeships or scholar-
ships. 
(2) The franchisor (or any employee of the 
franchisor) requires the franchisee (or any employee 
of the franchisee) to adopt a policy on sexual harass-
ment, human trafficking, workplace violence, dis-
crimination, opportunities for apprenticeships or 
scholarships, child care, or paid leave, including a 
requirement for such franchisee (or any employee of 
the franchisee) to report to the franchisor (or any 
employee of the franchisor) any violations or sus-
pected violations of such policy. 
(e) PROTECTION OF EMPLOYER RIGHTS.— 
(1) PURPOSES.—The purposes of this sub-
section are— 
(A) to preserve the balance of rights be-
tween employers, employees, and labor organi-
zations; and 
(B) to alleviate pressure on employers to 
hire individuals who seek or gain employment in 
order to disrupt the workplace of the employer 
or otherwise inflict economic harm designed to 
put the employer out of business. 
(2) CLARIFICATION OF EMPLOYER RIGHTS RE-
GARDING HIRING.—Section 8 of the National Labor 
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Relations Act (29 U.S.C. 158), as amended by sec-
tion 103(c)(2), is further amended by adding at the 
end the following: 
‘‘(j) Nothing in subsection (a) shall be construed as 
requiring an employer to employ any person who seeks or 
has sought employment with the employer in furtherance 
of other employment or membership in a labor organiza-
tion.’’. 
SEC. 203. PREVENTING FEDERAL ACTIONS THAT CAUSE 
JOB LOSSES. 
(a) DEFINITIONS.—In this section: 
(1) AGENCY; RULE.—The terms ‘‘agency’’ and 
‘‘rule’’ have the meanings given those terms in sec-
tion 551 of title 5, United States Code. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Management and Budg-
et. 
(3) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given the term in section 2 of the Worker 
Adjustment and Retraining Notification Act (29 
U.S.C. 2101). 
(4) MASS
LAYOFF; 
PLANT
CLOSING.—The 
terms ‘‘mass layoff’’ and ‘‘plant closing’’ have the 
meanings given those terms in section 2 of the 
Worker Adjustment and Retraining Notification Act 
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(29 U.S.C. 2101), except that those terms do not in-
clude a mass layoff or plant closing described in sec-
tion 4 of that Act (29 U.S.C. 2103). 
(5) RESCISSION RESOLUTION.—The term ‘‘re-
scission resolution’’ means a joint resolution— 
(A) relating to an Executive order for 
which the Director has submitted notice to Con-
gress under subsection (d)(2) that the Execu-
tive order is likely to result in an employer or-
dering a plant closing or mass layoff; 
(B) which does not have a preamble; 
(C) the title of which is as follows: ‘‘Joint 
resolution relating to nullifying the Executive 
order relating to lll.’’, the blank space 
being filled in with the title of the Executive 
order; and 
(D) the matter after the resolving clause of 
which is as follows: ‘‘That— 
‘‘(1) effective as if enacted on the date on which 
the Executive order was issued, the provisions of Ex-
ecutive Order llll, entitled ‘llllll’ 
are rescinded and shall have no force or effect; and 
‘‘(2) none of the funds appropriated or other-
wise made available by any Act may be used to im-
plement, administer, or otherwise carry out the Ex-
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ecutive order described in paragraph (1), or any suc-
cessor Executive order or regulation.’’, the blank 
spaces being filled in with the number and title, re-
spectively, of the Executive order. 
(6) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
and 
(D) any other territory or possession of the 
United States. 
(b) REVIEW PROCESS OF AGENCY RULES.— 
(1) IN GENERAL.—The head of an agency shall 
include in each report relating to a rule submitted 
to each House of Congress and the Comptroller Gen-
eral of the United States under section 801(a)(1)(A) 
of title 5, United States Code, a regulatory impact 
statement that includes— 
(A) a determination of whether the rule is 
likely to result in an employer ordering— 
(i) a plant closing; or 
(ii) a mass layoff; and 
(B) if the head of the agency makes a 
positive determination under subparagraph (A), 
a list of each State in which an employer is 
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likely to order a plant closing or mass layoff as 
a result of the rule. 
(2) CONSIDERATIONS.—In making a determina-
tion on a rule under paragraph (1)(A), the head of 
an agency shall consider comments received from the 
public. 
(3) NOTIFICATION.—Not later than the date on 
which the head of an agency issues a rule for which 
the head of the agency makes a positive determina-
tion under paragraph (1)(A), the head of the agency 
shall notify— 
(A) the Governor of any State included in 
a list described in paragraph (1)(B) of the like-
lihood of an employer ordering a plant closing 
or mass layoff in that State as a result of the 
rule; and 
(B) any employees likely to be impacted by 
an employer ordering a plant closing or mass 
layoff that may occur as a result of the rule. 
(c) TIME LIMIT FOR CONGRESSIONAL REVIEW INAP-
PLICABLE.—With respect to a rule for which the head of 
an agency makes a positive determination under sub-
section (b)(1)(A), the period during which a joint resolu-
tion described in section 802(a) of title 5, United States 
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Code, relating to the rule may be introduced shall be un-
limited. 
(d) REVIEW PROCESS OF EXECUTIVE ORDERS.— 
(1) IN GENERAL.—Not later than 7 days after 
the date on which the President issues an Executive 
order, the Director shall determine whether the Ex-
ecutive order is likely to result in an employer order-
ing a mass layoff or plant closing. 
(2) NOTIFICATION.—Not later than 15 days 
after the date on which the President issues an Ex-
ecutive order for which the Director makes a positive 
determination under paragraph (1), the Director 
shall submit a notice to Congress and the Governor 
of any State in which an employer is likely to order 
a plant closing or mass layoff as a result of the Ex-
ecutive order, which shall contain the following mes-
sage: 
‘‘In accordance with section 203 of the Em-
ployee Rights Act, I am notifying you that the Presi-
dent has issued Executive Order Number lll, 
which I have determined would likely result in an 
employer ordering a plant closing or mass layoff at 
lllll.’’, the blank spaces being filled in with 
the number of the Executive order and the address 
of the single site of employment at which an em-
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ployer is likely to order a plant closing or mass lay-
off, respectively. 
(e) NULLIFICATION OF EXECUTIVE ACTIONS.— 
(1) IN GENERAL.—It shall be in order, not later 
than 60 days (excluding days either House of Con-
gress is adjourned for more than 3 days during a 
session of Congress) after the date on which the Di-
rector notifies Congress of an Executive order that 
is likely to result in an employer ordering a plant 
closing or mass layoff under subsection (d)(2), to in-
troduce a rescission resolution in the House of Rep-
resentatives or the Senate with respect to the Execu-
tive order. 
(2) CONGRESSIONAL CONSIDERATION OF PRO-
POSED RESCISSION RESOLUTIONS.— 
(A) PROCEDURE
IN
HOUSE
AND
SEN-
ATE.— 
(i) REFERRAL.—Any rescission reso-
lution introduced under paragraph (1) 
shall be referred to the appropriate com-
mittee of the House of Representatives or 
the Senate, as the case may be. 
(ii) DISCHARGE OF COMMITTEE.— 
(I) IN
GENERAL.—If the com-
mittee to which a rescission resolution 
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with respect to an Executive order has 
been referred has not reported it at 
the end of 25 calendar days of contin-
uous session of the Congress after its 
introduction, it is in order to move 
to— 
(aa) 
discharge 
the 
com-
mittee from further consideration 
of the rescission resolution; or 
(bb) 
discharge 
the 
com-
mittee from further consideration 
of any other rescission resolution 
with respect to the same Execu-
tive order, which has been re-
ferred to the committee. 
(II) MOTION TO DISCHARGE.—A 
motion to discharge may be made only 
by an individual favoring the rescis-
sion resolution and may be made only 
if supported by one-fifth of the Mem-
bers of the House involved (a quorum 
being present). The motion is highly 
privileged in the House and privileged 
in the Senate (except that it may not 
be made after the committee has re-
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ported a rescission resolution with re-
spect to the same Executive order) 
and debate thereon shall be limited to 
not more than 1 hour, the time to be 
divided in the House equally between 
those favoring and those opposing the 
rescission resolution, and to be divided 
in the Senate equally between, and 
controlled by, the majority leader and 
the minority leader or their designees. 
An amendment to the motion is not in 
order, and it is not in order to move 
to reconsider the vote by which the 
motion is agreed to or disagreed to. 
(iii) FLOOR CONSIDERATION IN THE 
HOUSE.— 
(I) When the committee of the 
House of Representatives has re-
ported, or has been discharged from 
further consideration of a rescission 
resolution, it shall at any time there-
after be in order (even though a pre-
vious motion to the same effect has 
been disagreed to) to move to proceed 
to the consideration of the rescission 
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resolution. The motion shall be highly 
privileged and not debatable. An 
amendment to the motion shall not be 
in order, nor shall it be in order to 
move to reconsider the vote by which 
the motion is agreed to or disagreed 
to. 
(II) Debate on a rescission reso-
lution shall be limited to not more 
than 2 hours, which shall be divided 
equally between those favoring and 
those opposing the rescission resolu-
tion or resolution. A motion further to 
limit debate shall not be debatable. It 
shall not be in order to move to recon-
sider the vote by which a rescission 
resolution is agreed to or disagreed to. 
(III) Motions to postpone, made 
with respect to the consideration of a 
rescission resolution, and motions to 
proceed to the consideration of other 
business, shall be decided without de-
bate. 
(IV) All appeals from the deci-
sions of the Chair relating to the ap-
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plication of the Rules of the House of 
Representatives to the procedure re-
lating to any rescission resolution 
shall be decided without debate. 
(V) Except to the extent specifi-
cally provided in the preceding provi-
sions of this subsection, consideration 
of 
any 
rescission 
resolution 
and 
amendments thereto (or any con-
ference report thereon) shall be gov-
erned by the Rules of the House of 
Representatives applicable to other re-
scission resolutions and resolutions, 
amendments, and conference reports 
in similar circumstances. 
(iv) FLOOR CONSIDERATION IN THE 
SENATE.— 
(I) Debate in the Senate on any 
rescission resolution, and all amend-
ments thereto and debatable motions 
and appeals in connection therewith, 
shall be limited to not more than 10 
hours. The time shall be equally di-
vided between, and controlled by, the 
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majority leader and the minority lead-
er or their designees. 
(II) Debate in the Senate on any 
amendment to a rescission resolution 
shall be limited to 2 hours, to be 
equally divided between, and con-
trolled by, the mover and the manager 
of the rescission resolution. Debate on 
any amendment to an amendment to 
such a rescission resolution and de-
bate on any debatable motion or ap-
peal in connection with such a rescis-
sion resolution shall be limited to 1 
hour, to be equally divided between, 
and controlled by, the mover and the 
manager of the rescission resolution, 
except that in the event the manager 
of the rescission resolution is in favor 
in any such amendment, motion, or 
appeal, the time in opposition thereto 
shall be controlled by the minority 
leader or his designee. No amendment 
that is not germane to the provisions 
of a rescission resolution shall be re-
ceived. Such leaders, or either of 
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them, may, from the time under their 
control on the passage of a rescission 
resolution, allot additional time to any 
Senator during the consideration of 
any amendment, debatable motion, or 
appeal. 
(III) A motion to further limit 
debate is not debatable. A motion to 
recommit a rescission resolution (ex-
cept a motion to recommit with in-
structions to report back within a 
specified number of days, not to ex-
ceed 3, excluding any day on which 
the Senate is not in session) is not in 
order. Debate on any such motion to 
recommit shall be limited to one hour, 
to be equally divided between, and 
controlled by, the mover and the man-
ager of the concurrent resolution. 
(IV) The conference report on 
any rescission resolution shall be in 
order in the Senate at any time after 
the third day (excluding Saturdays, 
Sundays, and legal holidays) following 
the day on which such a conference 
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report is reported and is available to 
Members of the Senate. A motion to 
proceed to the consideration of the 
conference report may be made even 
though a previous motion to the same 
effect has been disagreed to. 
(V) During Senate consideration 
of the conference report on any rescis-
sion resolution, debate shall be limited 
to 2 hours, to be equally divided be-
tween, and controlled by, the majority 
leader and minority leader or their 
designees. Debate on any debatable 
motion or appeal related to the con-
ference report shall be limited to 30 
minutes, to be equally divided be-
tween, and controlled by, the mover 
and the manager of the conference re-
port. 
(VI) Should the conference re-
port be defeated, debate on any re-
quest for a new conference and the 
appointment of conferees shall be lim-
ited to one hour, to be equally divided, 
between, and controlled by, the man-
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ager of the conference report and the 
minority leader or his designee, and 
should any motion be made to instruct 
the conferees before the conferees are 
named, debate on such motion shall 
be limited to 30 minutes, to be equally 
divided between, and controlled by, 
the mover and the manager of the 
conference report. Debate on any 
amendment to any such instructions 
shall be limited to 20 minutes, to be 
equally divided between, and con-
trolled by the mover and the manager 
of the conference report. In all cases 
when the manager of the conference 
report is in favor of any motion, ap-
peal, or amendment, the time in oppo-
sition shall be under the control of the 
minority leader or his designee. 
(VII) In any case in which there 
are amendments in disagreement, 
time on each amendment shall be lim-
ited to 30 minutes, to be equally di-
vided between, and controlled by, the 
manager of the conference report and 
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the minority leader or his designee. 
No amendment that is not germane to 
the provisions of such amendments 
shall be received. 
(3) CONTINUITY OF SESSION OF CONGRESS.— 
For the purpose of this subsection, continuity of a 
session of the Congress shall be considered as bro-
ken only by an adjournment of the Congress sine 
die. 
TITLE III—STRUCTURAL 
REFORMS 
SEC. 301. TRIBAL SOVEREIGNTY. 
Section 2 of the National Labor Relations Act (29 
U.S.C. 152) is amended— 
(1) in paragraph (2), by inserting ‘‘or any In-
dian tribe, or any enterprise or institution owned 
and operated by an Indian tribe and located on its 
Indian lands,’’ after ‘‘subdivision thereof,’’; and 
(2) by adding at the end the following: 
‘‘(15) The term ‘Indian tribe’ means any Indian 
tribe, band, nation, pueblo, or other organized group 
or community which is recognized as eligible for the 
special programs and services provided by the 
United States to Indians because of their status as 
Indians. 
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‘‘(16) The term ‘Indian’ means any individual 
who is a member of an Indian tribe. 
‘‘(17) The term ‘Indian lands’ means— 
‘‘(A) all lands within the limits of any In-
dian reservation; 
‘‘(B) any lands title to which is either held 
in trust by the United States for the benefit of 
any Indian tribe or Indian or held by any In-
dian tribe or Indian subject to restriction by the 
United States against alienation; and 
‘‘(C) any lands in the State of Oklahoma 
that are within the boundaries of a former res-
ervation (as defined by the Secretary of the In-
terior) of a Federally recognized Indian tribe.’’. 
SEC. 302. LABOR ORGANIZATIONS REQUIRED TO FILE 
FORM T–1 TRUST ANNUAL REPORTS. 
Section 201 of the Labor-Management Reporting and 
Disclosure Act of 1959 (29 U.S.C. 431) is amended by 
adding at the end the following: 
‘‘(d) FORM T–1 ANNUAL TRUST REPORT.— 
‘‘(1) DEFINITION OF COVERED LABOR ORGANI-
ZATION.—In this subsection, the term ‘covered labor 
organization’ means a labor organization whose total 
annual receipts equal or exceed $250,000. 
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‘‘(2) CONDITIONS.—Each covered labor organi-
zation shall file an annual report containing the in-
formation described in paragraph (3) for each trust 
in which a labor organization is interested if the 
labor organization (alone or in combination with 
other labor organizations)— 
‘‘(A) has, at any time during or prior to 
the reporting period, selected or appointed the 
majority of the governing board of the trust in 
office at any time during the reporting period; 
or 
‘‘(B) contributes more than 50 percent of 
the receipts of the trust during the reporting 
period. 
‘‘(3) REPORT.—A report required under para-
graph (2) shall contain information pertaining to the 
financial operations of the labor organization and 
the trust, including any transactions or major re-
ceipts or disbursements by the trust during the re-
porting period.’’. 
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TITLE 
IV—ADDITIONAL 
RE-
FORMS TO EXISTING LABOR 
RIGHTS AND PROTECTIONS 
SEC. 401. NOTICE OF RIGHTS AND PROTECTIONS; VOTER 
REGISTRATION LISTS. 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158), as amended by section 202(e), is further 
amended by adding at the end the following: 
‘‘(k)(1) The Board shall promulgate regulations re-
quiring each employer to post and maintain, in con-
spicuous places where notices to employees and applicants 
for employment are customarily posted both physically and 
electronically, a notice setting forth the rights and protec-
tions afforded to employees under this Act, which shall 
include the right and process to rescind the authority of 
a labor organization under section 9(e), an explanation 
that any employee in a collective bargaining unit may be 
exempt from the activities of the labor organization, and 
that any fees collected by such labor organization may not 
be used for political activities, and with respect to a State 
or Territory in which membership in a labor organization 
may not be a condition of employment, an employee may 
opt out of any such fees, and with respect to a State or 
Territory in which such membership may be a condition 
of employment, such fees may only be used by the labor 
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organization for collective bargaining and representational 
activities. 
‘‘(2) Whenever the Board directs an election under 
section 9(c) or approves an election agreement, the em-
ployer of employees in the bargaining unit shall, not later 
than two business days after the Board directs such elec-
tion or approves such election agreement, provide a voter 
list to a labor organization that has petitioned to represent 
such employees. Such voter list shall include the names 
of all employees in the bargaining unit and not more than 
one additional form of personal contact information for 
the employee (such as a telephone number, an email ad-
dress, or a mailing address) chosen by the employee in 
writing. The voter list shall be provided in a searchable 
electronic format generally approved by the Board unless 
the employer certifies that the employer does not possess 
the capacity to produce the list in the required form. Not 
later than nine months after the date of enactment of the 
Employee Rights Act, the Board shall promulgate regula-
tions implementing the requirements of this paragraph. 
‘‘(3) It shall be an unfair labor practice for an em-
ployer to violate any requirement under this subsection.’’. 
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SEC. 402. LABOR ORGANIZATION USE OF PERSONAL INFOR-
MATION. 
Section 8(b) of the National Labor Relations Act (29 
U.S.C. 158(b)) is amended— 
(1) in paragraph (6), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (7), by striking ‘‘8(b).’’ and 
inserting ‘‘8(b); and’’; and 
(3) by adding at the end the following: 
‘‘(8) to fail to protect the personal information 
of an employee received for an organizing drive, to 
use such information for any reason other than a 
representation proceeding, or to use such informa-
tion after the conclusion of a representation pro-
ceeding.’’. 
SEC. 403. NOTICES FOR LABOR ORGANIZATION CARDS DE-
CLARING PURPOSE AND DISCLOSURE OF 
DUES AND FEES. 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158), as amended by section 401, is further 
amended by adding at the end the following: 
‘‘(l)(1) Labor organization authorization cards shall 
be accompanied by a written notice— 
‘‘(A) specifying that such cards will be used to 
certify the labor organization as the exclusive bar-
gaining representative of the employee; and 
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‘‘(B) clarifying the rights of the employee and 
the total monthly dues and fees charged by the labor 
organization. 
‘‘(2) A card shall not be considered valid without the 
written notice required under paragraph (1). 
‘‘(3) Failure by a labor organization to comply with 
paragraph (1) shall constitute an unfair labor practice.’’. 
Æ 
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