I 
109TH CONGRESS 
1ST SESSION H. R. 1696 
To amend the National Labor Relations Act to establish an efficient system 
to enable employees to form, join, or assist labor organizations, to provide 
for mandatory injunctions for unfair labor practices during organizing 
efforts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 19, 2005 
Mr. GEORGE MILLER of California (for himself, Mr. KING of New York, Ms. 
PELOSI, Mr. OWENS, Mr. MICHAUD, Mr. CROWLEY, Mr. CLAY, Mr. 
CARNAHAN, Mr. WU, Ms. KAPTUR, Ms. MCKINNEY, Mr. BISHOP of New 
York, 
Mr. 
WAXMAN, 
Ms. 
DELAURO, 
Mr. 
VAN
HOLLEN, 
Mr. 
RUPPERSBERGER, Mr. BROWN of Ohio, Mr. WEXLER, Mrs. JONES of 
Ohio, Mr. BRADY of Pennsylvania, Mr. MCDERMOTT, Ms. HOOLEY, Mr. 
KILDEE, Mr. SHERMAN, Ms. MCCOLLUM of Minnesota, Mr. BACA, Mr. 
CHANDLER, Mr. WEINER, Mr. GRIJALVA, Mrs. TAUSCHER, Ms. WATERS, 
Mr. CASE, Mr. NADLER, Mr. COOPER, Ms. MILLENDER-MCDONALD, Mr. 
BERMAN, Mr. KIND, Mr. CAPUANO, Ms. SOLIS, Mr. VISCLOSKY, Mr. SIM-
MONS, Mr. DAVIS of Alabama, Mr. LEVIN, Mr. LYNCH, Mr. OLVER, Ms. 
SCHAKOWSKY, Ms. WOOLSEY, Mr. DAVIS of Illinois, Ms. SLAUGHTER, 
Mr. MCNULTY, Mr. MARKEY, Mr. ACKERMAN, Ms. SCHWARTZ of Penn-
sylvania, Ms. KILPATRICK of Michigan, Mr. PAYNE, Mr. BERRY, Mr. 
TIERNEY, Mr. LARSON of Connecticut, Mr. CARDOZA, Mr. LANTOS, Mr. 
NEAL of Massachusetts, Mr. RAHALL, Mr. ABERCROMBIE, Ms. LINDA T. 
SA´NCHEZ of California, Mr. CARDIN, Mr. MATHESON, Mr. STUPAK, Mr. 
ROSS, Mr. HOYER, Mr. STRICKLAND, Mr. KUCINICH, Mr. HOLDEN, Mr. 
WYNN, Mr. INSLEE, Mr. ALLEN, Ms. VELA´ZQUEZ, Ms. MATSUI, Mr. 
CONYERS, Mr. CUMMINGS, Mr. RYAN of Ohio, Mr. CRAMER, Ms. HAR-
MAN, 
Mr. 
DINGELL, 
Mrs. 
MALONEY, 
Mrs. 
MCCARTHY, 
Mrs. 
NAPOLITANO, Mr. SCOTT of Virginia, Mr. FORD, Mr. STARK, Mr. 
FATTAH, Mr. BOUCHER, Mr. MURTHA, Mr. HIGGINS, Ms. ZOE LOFGREN 
of California, Mr. BOSWELL, Ms. ROYBAL-ALLARD, Mr. ANDREWS, Mr. 
MCHUGH, Mr. BOEHLERT, Mrs. DAVIS of California, Mr. MENENDEZ, 
Mr. MOORE of Kansas, Mr. HINCHEY, Mr. OBERSTAR, Mr. SCOTT of 
Georgia, Mr. DICKS, Mr. HONDA, Ms. ESHOO, Ms. WATSON, Mr. AL 
GREEN of Texas, Mrs. CHRISTENSEN, Mr. JEFFERSON, Mrs. CAPPS, Mr. 
MOLLOHAN, Mr. HOLT, Mr. DOYLE, Mr. HINOJOSA, Mr. BECERRA, Ms. 
LEE, Mr. UDALL of Colorado, Mr. DEFAZIO, Mr. COSTELLO, and Mr.
KUHL of New York) introduced the following bill; which was referred to 
the Committee on Education and the Workforce 
A BILL 
To amend the National Labor Relations Act to establish 
an efficient system to enable employees to form, join, 
or assist labor organizations, to provide for mandatory 
injunctions for unfair labor practices during organizing 
efforts, 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 Free Choice 
Act’’. 
SEC. 2. STREAMLINING UNION CERTIFICATION. 
(a) IN GENERAL.—Section 9(c) of the National 
Labor Relations Act (29 U.S.C. 159(c)) is amended by 
adding at the end the following: 
‘‘(6) Notwithstanding any other provision of this sec-
tion, whenever a petition shall have been filed by an em-
ployee or group of employees or any individual or labor 
organization acting in their behalf alleging that a majority 
of employees in a unit appropriate for the purposes of col-
lective bargaining wish to be represented by an individual 
or labor organization for such purposes, the Board shall 
investigate the petition. If the Board finds that a majority
of the employees in a unit appropriate for bargaining has 
signed authorizations designating the individual or labor 
organization specified in the petition as their bargaining 
representative and that no other individual or labor orga-
nization is currently certified or recognized as the exclu-
sive representative of any of the employees in the unit, 
the Board shall not direct an election but shall certify the 
individual or labor organization as the representative de-
scribed in subsection (a). 
‘‘(7) The Board shall develop guidelines and proce-
dures for the designation by employees of a bargaining 
representative in the manner described in paragraph (6). 
Such guidelines and procedures shall include— 
‘‘(A) model collective bargaining authorization 
language that may be used for purposes of making 
the designations described in paragraph (6); and 
‘‘(B) procedures to be used by the Board to es-
tablish the authenticity of signed authorizations des-
ignating bargaining representatives.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) NATIONAL LABOR RELATIONS BOARD.—Sec-
tion 3(b) of the National Labor Relations Act (29 
U.S.C. 153(b)) is amended, in the second sentence— 
(A) by striking ‘‘and to’’ and inserting 
‘‘to’’; and
(B) by striking ‘‘and certify the results 
thereof,’’ and inserting ‘‘, and to issue certifi-
cations as provided for in that section,’’. 
(2) UNFAIR LABOR PRACTICES.—Section 8(b) 
of the National Labor Relations Act (29 U.S.C. 
158(b)) is amended— 
(A) in paragraph (7)(B) by striking ‘‘, or’’ 
and inserting ‘‘or a petition has been filed 
under section 9(c)(6), or’’; and 
(B) in paragraph (7)(C) by striking ‘‘when 
such a petition has been filed’’ and inserting 
‘‘when such a petition other than a petition 
under section 9(c)(6) has been filed’’. 
SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING 
AGREEMENTS. 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158) is amended by adding at the end the fol-
lowing: 
‘‘(h) Whenever collective bargaining is for the pur-
pose of establishing an initial agreement following certifi-
cation or recognition, the provisions of subsection (d) shall 
be modified as follows: 
‘‘(1) Not later than 10 days after receiving a 
written request for collective bargaining from an in-
dividual or labor organization that has been newly
organized or certified as a representative as defined 
in section 9(a), or within such further period as the 
parties agree upon, the parties shall meet and com-
mence to bargain collectively and shall make every 
reasonable effort to conclude and sign a collective 
bargaining agreement. 
‘‘(2) If after the expiration of the 90-day period 
beginning on the date on which bargaining is com-
menced, or such additional period as the parties may 
agree upon, the parties have failed to reach an 
agreement, either party may notify the Federal Me-
diation and Conciliation Service of the existence of 
a dispute and request mediation. Whenever such a 
request is received, it shall be the duty of the Service 
promptly to put itself in communication with the 
parties and to use its best efforts, by mediation and 
conciliation, to bring them to agreement. 
‘‘(3) If after the expiration of the 30-day period 
beginning on the date on which the request for me-
diation is made under paragraph (2), or such addi-
tional period as the parties may agree upon, the 
Service is not able to bring the parties to agreement 
by conciliation, the Service shall refer the dispute to 
an arbitration board established in accordance with 
such regulations as may be prescribed by the Serv-
ice. The arbitration panel shall render a decision set-
tling the dispute and such decision shall be binding 
upon the parties for a period of 2 years, unless 
amended during such period by written consent of 
the parties.’’. 
SEC. 4. STRENGTHENING ENFORCEMENT. 
(a) INJUNCTIONS AGAINST UNFAIR LABOR PRAC-
TICES DURING ORGANIZING DRIVES.— 
(1) IN GENERAL.—Section 10(l) of the National 
Labor Relations Act (29 U.S.C. 160(l)) is amend-
ed— 
(A) in the second sentence, by striking ‘‘If, 
after such’’ and inserting the following: 
‘‘(2) If, after such’’; and 
(B) by striking the first sentence and in-
serting the following: 
‘‘(1) Whenever it is charged— 
‘‘(A) that any employer— 
‘‘(i) discharged or otherwise discriminated 
against an employee in violation of subsection 
(a)(3) of section 8; 
‘‘(ii) threatened to discharge or to other-
wise discriminate against an employee in viola-
tion of subsection (a)(1) of section 8; or