Secure and Fair Elections for Workers Act
Bill: H.R.308 | Sponsor: Rep. Levin, Andy (D-MI)
Policy area: Labor and Employment

Summary:
SAFE Workers Act or the Secure And Fair Elections for Workers Act  This bill requires the National Labor Relations Board (NLRB) to provide employees with the ability to vote remotely by telephone or the internet in union representation elections during the COVID-19 (i.e., coronavirus disease 2019) public health emergency.  The bill further permits the NLRB's use of appropriations to issue directives or regulations providing for electronic voting methods.

To direct the National Labor Relations Board to implement a system and 
   procedures to conduct representation elections remotely using an 
           electronic voting system, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SAFE Workers Act'' or the ``Secure 
and Fair Elections for Workers Act''.

SEC. 2. ELECTRONIC VOTING IN UNION ELECTIONS.

    (a) In General.--
            (1) Electronic voting system.--Subject to the provisions of 
        this section, not later than 90 days after the date of the 
        enactment of this Act, the National Labor Relations Board shall 
        implement a system and procedures to conduct representation 
        elections remotely using an electronic voting system.
            (2) Procedures.--The procedures under paragraph (1) shall 
        ensure that each employee voting in a representation election 
        may choose to cast a vote using either an internet voting 
        system or a telephone voting system.
            (3) National mediation board system.--If the Board does not 
        implement a system under paragraph (1) before the date that is 
        60 days after the date of the enactment of this Act, the Board 
        shall enter into a temporary agreement to use the system and 
        procedures used by the National Mediation Board to conduct 
        representation elections for the period--
                    (A) beginning on the date that is 60 days after the 
                date of enactment of this Act; and
                    (B) ending on the date that is 90 days after the 
                date of enactment of this Act
    (b) Interim Period.--During the period beginning on the date of the 
enactment of this Act and ending upon the date on which the system and 
procedures are implemented under subsection (a), the Board shall 
conduct all representation elections by mail ballot.
    (c) Impracticability.--A regional director shall conduct a 
representation election by mail ballot if, during a representation 
proceeding with respect to such election, a party makes a showing that 
conducting such election in accordance with the system and procedures 
under subsection (a) is impracticable.
    (d) Report.-- Not later than 90 days of the enactment of this Act, 
and every 90 days thereafter, the Board shall submit to Congress a 
report containing a description of the following:
            (1) For each representation petition under section 9 of the 
        National Labor Relations Act filed--
                    (A) the case name and case number;
                    (B) the number of days between the petition and the 
                election;
                    (C) the number of days between the stipulation or 
                direction of election and the election;
                    (D) the method of the election;
                    (E) the results of the election; and
                    (F) the number of eligible voters, the number of 
                voters participating in the election, and the method by 
                which each of the voters submitted their vote.
            (2) The total cost of conducting all elections the Board 
        conducted through the system and procedures required by 
        subsection (a).
    (e) Period of Application.--The requirements under this section 
shall apply with respect to any representation election conducted 
during the period--
            (1) beginning on the date of enactment of this Act; and
            (2) ending on the date on which a COVID-19 public health 
        emergency is not in effect with respect to the worksite of a 
        participant of such election.
    (f) Definitions.--In this section:
            (1) Electronic voting system.--The term ``electronic voting 
        system''--
                    (A) includes an internet voting system and a 
                telephone voting system; and
                    (B) does not include machines used for casting 
                votes at a polling site or an electronic tabulation 
                system where votes are cast non-electronically but 
                counted electronically (such as a punch card or optical 
                scanning system).
            (2) Internet voting system.--The term ``internet voting 
        system'' means an internet-based voting system that allows a 
        participant to cast a ballot remotely using a personal computer 
        or other mobile electronic device that is connected to the 
        internet.
            (3) Telephone voting system.--The term ``telephone voting 
        system'' means a voting system in which participants may cast a 
        vote remotely using a telephone.
            (4) Remotely.--The term ``remotely'', used with respect to 
        voting in a representation election, means a vote may be cast 
        at any site chosen by a participant in such election.
            (5) Representation election.--The term ``representation 
        election'' means a representation election under section 9 of 
        the National Labor Relations Act (29 U.S.C. 159).
            (6) COVID-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means a public health emergency with 
        respect to COVID-19 declared by a Federal, State, or local 
        authority.
    (g) Authorization of Appropriation.--There are authorized to be 
appropriated $1,000,000 to the Board to carry out this section.

SEC. 3. AMENDMENT TO FURTHER CONSOLIDATED APPROPRIATIONS ACT.

    The Consolidated Appropriations Act, 2021 (Public Law 116-260) is 
amended by striking section 407.
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