I
106TH CONGRESS
1ST SESSION
H. R. 2467
To require labor organizations to secure prior, voluntary, written authorization
as a condition of using any portion of dues or fees for activities not
necessary to performing duties relating to the representation of employees
in dealing with the employer on labor-management issues, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 1999
Mr. GOODLING introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To require labor organizations to secure prior, voluntary,
written authorization as a condition of using any portion
of dues or fees for activities not necessary to performing
duties relating to the representation of employees in deal-
ing with the employer on labor-management issues, 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 ‘‘Worker Paycheck Fair-
ness Act of 1999’’.
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 sup-
porting 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.
(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 per-
forming 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 or section 7 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.
SEC. 5. 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 must secure from each employee prior, written
authorization if any portion of such dues or fees will be
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. 6. 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 in such detail as necessary to
allow members to determine whether such expenses were
necessary to performing the duties of the exclusive rep-
resentative of the employees in dealing with the employer
on labor-management 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. 7. 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. 8. REGULATIONS.
(a) IN GENERAL.—The Secretary of Labor shall pre-
scribe such regulations as are necessary to carry out sec-
tion 5 not later than 60 days after the enactment of this
Act and shall prescribe such regulations as are necessary
to carry out the amendments made by section 6 not later
than 120 days after the enactment of this Act.
(b) DUTIES OF FEDERAL ELECTION COMMISSION.—
The Federal Election Commission shall provide assistance
to the Secretary of Labor in prescribing regulations under
this Act, including providing the Secretary with an anal-
ysis comparing this Act and the amendments made by this
Act with related provisions regarding labor organizations
and their members under the Federal Election Campaign
Act of 1971.
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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