Title: Employee Rights Act
Policy area: Labor and Employment

Summary:
Employee Rights Act  This bill makes various changes with respect to the collective bargaining process and labor relations.  For example, the bill permits an employer to refuse to collectively bargain with a union within 90 days prior to the expiration of a collective bargaining agreement if the employer receives evidence that the majority of the employees in the bargaining unit do not support the union.  The bill requires support from a majority of the employees in the bargaining unit (not just a majority of the employees voting) when electing union representation. The bill also requires unions to provide bargaining unit employees with the right to vote by secret ballot, including when voting whether to engage in a strike or refusal to work.  Further, union dues, fees, assessments, and other contributions may be used for only collective bargaining or contract administrative functions.  Additionally, the bill establishes a process for nullifying executive orders that the Office of Management and Budget determines are likely to result in an employer ordering a plant closure or mass layoff.


[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3889 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3889

 To reform the labor laws of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2022

Mr. Scott of South Carolina (for himself, Mr. McConnell, Mr. Thune, Mr. 
Barrasso, Mr. Burr, Mr. Braun, Mr. Marshall, Mr. Moran, Mr. Tuberville, 
  Mr. Risch, Mr. Crapo, Mr. Cornyn, Mr. Daines, Ms. Lummis, Mrs. Hyde-
 Smith, Mr. Hagerty, Mr. Boozman, Mr. Wicker, Mr. Tillis, Mr. Cramer, 
   Mr. Romney, Mr. Cotton, Mr. Inhofe, Mr. Johnson, and Mr. Cassidy) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To reform the labor laws of the United States, 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 ``Employee Rights Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

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 
                            Reports.
 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 Relations 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 adding at the 
                end the following:
    ``(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 expiration of a collective bargaining 
agreement in effect between 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 negotiating 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 reestablishes 
in accordance with subparagraph (B) that a majority of the employees in 
the unit for purposes of collective bargaining support the 
representative.
    ``(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 petition with the Board and is 
selected for purposes of collective 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 collective 
                        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 recognized 
                        for the purposes of collective bargaining as of 
                        the date of enactment of the Employee Rights 
                        Act, the Board shall, not later than 120 days 
                        after such date of enactment, 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 
                        continuing representation by the labor 
                        organization, the labor organization shall 
                        cease representation of employees in the 
                        bargaining unit and any obligations to or on 
                        behalf of the labor organization in a 
                        collectively 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 paragraph 
                        (1)(B)--
                                    (I) by inserting ``of 14 days in 
                                advance'' after ``appropriate hearing 
                                upon due notice'';
                                    (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 
                                employee names and home addresses of 
                                all eligible voters within 7 days 
                                following 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 following:
    ``(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 jurisdiction, statutory coverage, 
        appropriate unit, unit inclusion or exclusion, or eligibility 
        of individuals; and
            ``(ii) the issues are resolved by a regional director, 
        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 representative 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 accordance with due 
        process and resolves each issue pertaining 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 following: ``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 organization dues or fees collected 
        unlawfully, if any, and an additional amount as liquidated 
        damages: Provided further, That any labor organization found to 
        have interfered with, restrained, or coerced an employee in 
        connection with the filing of a decertification petition shall 
        be prohibited from filing objections to an election held 
        pursuant to such petition:''.
    (b) Amendments to the Labor-Management Reporting 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 
        organization, 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 organization 
        nonrepresentational activities.--Title I of the Labor-
        Management Reporting and Disclosure 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 ORGANIZATION 
              NONREPRESENTATIONAL ACTIVITIES.

    ``No employee's labor organization dues, fees, 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 represented unit employee unless the 
employee member, 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 without the consent of 
a majority of all represented unit employees affected, determined by a 
secret ballot vote conducted by a neutral, private organization chosen 
by agreement between the employer and the labor organization involved. 
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 
organization.''.
            (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 organization'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 nonmember'' 
                after ``to permit such member'';
                    (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 organization's financial 
                condition and operations necessary to verify such 
                report required to be submitted 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 employees or any compensation or other term or condition of 
employment. Any person who willfully violates this subsection shall be 
fined not more than $100,000 or imprisoned for not more than 10 years, 
or both.
    ``(c) The lawfulness of a labor organization's objectives shall not 
remove or exempt from the definition of 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:
``Sec. 1951. Interference with commerce by threats or violence
    ``(a) Prohibition.--Except as provided in subsection (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 attempts 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 Columbia, or 
                any territory or possession of the United States;
                    ``(B) commerce between any point in a State, 
                territory, possession, or the District of Columbia and 
                any point outside thereof;
                    ``(C) commerce between points within the same State 
                through any place outside that State; and
                    ``(D) other commerce over which the United States 
                has jurisdiction;
            ``(2) the term `extortion' means the obtaining of property 
        from any person, with the consent of that person, if that 
        consent is induced--
                    ``(A) by actual or threatened use of force or 
                violence, or fear thereof;
                    ``(B) by wrongful use of fear not involving force 
                or violence; or
                    ``(C) under color of official right;
            ``(3) the term `labor dispute' has the same meaning as in 
        section 2(9) of the National Labor Relations Act (29 U.S.C. 
        152(9)); and
            ``(4) the term `robbery' means the unlawful taking or 
        obtaining of personal property from the person or in the 
        presence of another, against his or her will, by means of 
        actual or threatened force or violence, or fear of injury, 
        immediate or future--
                    ``(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 conduct 
                or of coordinated violent activity.
            ``(2) State and local jurisdiction.--Any violation of this 
        section that involves any conduct described in paragraph (1) 
        shall be subject to prosecution only by the appropriate State 
        and local authorities.
    ``(d) Effect on Other Law.--Nothing in this section shall be 
construed--
            ``(1) to repeal, amend, or otherwise affect--
                    ``(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 conduct 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 NATIONAL LABOR RELATIONS 
              ACT.

    (a) Religious Conscientious Exemption.--Section 19 of the National 
Labor Relations Act (29 U.S.C. 169) is amended--
            (1) by striking ``Any employee'' and inserting ``(a) Any 
        employee'';
            (2) by striking ``; except that'' and all that follows 
        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 majority is 
                owned or controlled by a qualified individual 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 established and traditional 
        tenets or teachings of a bona fide religion, body, or sect 
        which has historically held conscientious objections to 
        recognizing, bargaining with, or financially supporting labor 
        organizations.''.
    (b) New Elections in Cases of Labor Organization 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 influenced 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 
election 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 communication devices and systems) is 
used by employees and to prohibit 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 employee 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 adding 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 agreement 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 exercise such right 
and a majority of the employees vote against ratifying the agreement, 
the agreement shall be null and void.''.
    (e) Waiting Period After Failed Labor Organization Vote.--Section 
9(c) of the National Labor Relations Act (29 U.S.C. 159(c)), as amended 
by subsection (b), is further amended--
            (1) in paragraph (3), by striking the first sentence; 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 bargaining 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 subparagraph if the bargaining 
unit described in such subparagraph experiences turnover, expansion, or 
alteration by merger of unit represented employees exceeding 50 percent 
of the bargaining unit on the date on which the election 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 support or engage in a class or collective action.''.

              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 agreement then in effect, nothing 
in either--
            ``(A) paragraph (1) or (5) of section 8(a), or
            ``(B) a collective bargaining contract or agreement renewed 
        or entered into after the date of enactment 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 employer, 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 Employee.--
            (1) Definition of employee.--Section 3(e)(1) of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by 
        inserting before 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.--Section 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 employees of the other employer, such as hiring such 
employees, discharging such employees, determining the rate of pay and 
benefits of such employees, supervising such employees on a day-to-day 
basis, assigning such employees a work schedule, position, or task, or 
disciplining such employees.''.
            (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 determining 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 accessing work through a 
        digital marketplace company receives retirement or fringe 
        benefits from such digital marketplace company shall not 
        establish, or support the establishment of, an employee and 
        employer relationship between the individual accessing work 
        through a digital marketplace company and the digital 
        marketplace company, respectively, 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.
            (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 
                        application or platform to facilitate the 
                        exchange of goods or services by users of the 
                        online-enabled application or platform; or
                            (II) licenses access to an online-enabled 
                        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 application or 
                        platform.
                    (B) Individual accessing work through a digital 
                marketplace company.--The term ``individual accessing 
                work through a digital marketplace company'' means an 
                individual who--
                            (i) is provided with the option to accept 
                        or reject job requests through an online-
                        enabled application or platform maintained by a 
                        digital marketplace company; and
                            (ii) provides services to digital platform 
                        consumers upon connection through a digital 
                        network maintained by the digital marketplace 
                        company in exchange for compensation or payment 
                        of a fee.
    (d) Provision of Technical Assistance.--Notwithstanding 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, neither of the following may be construed, 
alone or in combination with any other factor, as establishing an 
employer and employee relationship between 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 handbook, or other training, on sexual 
        harassment, human trafficking, workplace violence, 
        discrimination, or opportunities for apprenticeships or 
        scholarships.
            (2) The franchisor (or any employee of the franchisor) 
        requires the franchisee (or any employee of the franchisee) to 
        adopt a policy on sexual harassment, human trafficking, 
        workplace violence, discrimination, 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 suspected violations of such 
        policy.
    (e) Protection of Employer Rights.--
            (1) Purposes.--The purposes of this subsection are--
                    (A) to preserve the balance of rights between 
                employers, employees, and labor organizations; 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 regarding hiring.--
        Section 8 of the National Labor Relations Act (29 U.S.C. 158), 
        as amended by section 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 organization.''.

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 section 551 of title 5, 
        United States Code.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (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 (29 U.S.C. 2101), except that those terms do not include a 
        mass layoff or plant closing described in section 4 of that Act 
        (29 U.S.C. 2103).
            (5) Rescission resolution.--The term ``rescission 
        resolution'' means a joint resolution--
                    (A) relating to an Executive order for which the 
                Director has submitted notice to Congress under 
                subsection (d)(2) that the Executive order is likely to 
                result in an employer ordering 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 ___.'', 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 Executive Order 
        ____, entitled `______' are rescinded and shall have no force 
        or effect; and
            ``(2) none of the funds appropriated or otherwise made 
        available by any Act may be used to implement, administer, or 
        otherwise carry out the Executive Order described in paragraph 
        (1), or any successor Executive order or regulation.'', the 
        blank spaces being filled in with the number and title, 
        respectively, 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 General 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 likely to order a plant 
                closing or mass layoff as a result of the rule.
            (2) Considerations.--In making a determination 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 determination 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 likelihood 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 Inapplicable.--With respect 
to a rule for which the head of an agency makes a positive 
determination under subsection (b)(1)(A), the period during which a 
joint resolution described in section 802(a) of title 5, United States 
Code, relating to the rule may be introduced shall be unlimited.
    (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 Executive order is likely to result 
        in an employer ordering a mass layoff or plant closing.
            (2) Notification.--Not later than 15 days after the date on 
        which the President issues an Executive 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 Executive order, 
        which shall contain the following message:
            ``In accordance with section 203 of the Employee Rights 
        Act, I am notifying you that the President has issued Executive 
        Order Number ___, which I have determined would likely result 
        in an employer ordering a plant closing or mass layoff at 
        _____.'', 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 employer is likely to order a plant 
        closing or mass layoff, respectively.
    (e) Nullification of Executive Actions.--
            (1) In general.--It shall be in order, not later than 60 
        days (excluding days either House of Congress is adjourned for 
        more than 3 days during a session of Congress) after the date 
        on which the Director 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 introduce a 
        rescission resolution in the House of Representatives or the 
        Senate with respect to the Executive order.
            (2) Congressional consideration of proposed rescission 
        resolutions.--
                    (A) Procedure in house and senate.--
                            (i) Referral.--Any rescission resolution 
                        introduced under paragraph (1) shall be 
                        referred to the appropriate committee of the 
                        House of Representatives or the Senate, as the 
                        case may be.
                            (ii) Discharge of committee.--
                                    (I) In general.--If the committee 
                                to which a rescission resolution with 
                                respect to an Executive order has been 
                                referred has not reported it at the end 
                                of 25 calendar days of continuous 
                                session of the Congress after its 
                                introduction, it is in order to move 
                                to--
                                            (aa) discharge the 
                                        committee from further 
                                        consideration of the rescission 
                                        resolution; or
                                            (bb) discharge the 
                                        committee from further 
                                        consideration of any other 
                                        rescission resolution with 
                                        respect to the same Executive 
                                        order, which has been referred 
                                        to the committee.
                                    (II) Motion to discharge.--A motion 
                                to discharge may be made only by an 
                                individual favoring the rescission 
                                resolution and may be made only if 
                                supported by one-fifth of the Members 
                                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 
                                reported a rescission resolution with 
                                respect 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 reported, or has 
                                been discharged from further 
                                consideration of a rescission 
                                resolution, it shall at any time 
                                thereafter be in order (even though a 
                                previous motion to the same effect has 
                                been disagreed to) to move to proceed 
                                to the consideration of the rescission 
                                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 
                                resolution shall be limited to not more 
                                than 2 hours, which shall be divided 
                                equally between those favoring and 
                                those opposing the rescission 
                                resolution or resolution. A motion 
                                further to limit debate shall not be 
                                debatable. It shall not be in order to 
                                move to reconsider 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 
                                debate.
                                    (IV) All appeals from the decisions 
                                of the Chair relating to the 
                                application of the Rules of the House 
                                of Representatives to the procedure 
                                relating to any rescission resolution 
                                shall be decided without debate.
                                    (V) Except to the extent 
                                specifically provided in the preceding 
                                provisions of this subsection, 
                                consideration of any rescission 
                                resolution and amendments thereto (or 
                                any conference report thereon) shall be 
                                governed by the Rules of the House of 
                                Representatives applicable to other 
                                rescission 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 
                                amendments thereto and debatable 
                                motions and appeals in connection 
                                therewith, shall be limited to not more 
                                than 10 hours. The time shall be 
                                equally divided between, and controlled 
                                by, the majority leader and the 
                                minority leader 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 controlled 
                                by, the mover and the manager of the 
                                rescission resolution. Debate on any 
                                amendment to an amendment, to such a 
                                rescission resolution, and debate on 
                                any debatable motion or appeal in 
                                connection with such a rescission 
                                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 
                                received. Such leaders, or either of 
                                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 
                                (except a motion to recommit with 
                                instructions to report back within a 
                                specified number of days, not to exceed 
                                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 
                                manager 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 
                                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 rescission 
                                resolution, debate shall be limited to 
                                2 hours, to be equally divided between, 
                                and controlled by, the majority leader 
                                and minority leader or their designees. 
                                Debate on any debatable motion or 
                                appeal related to the conference report 
                                shall be limited to 30 minutes, to be 
                                equally divided between, and controlled 
                                by, the mover and the manager of the 
                                conference report.
                                    (VI) Should the conference report 
                                be defeated, debate on any request for 
                                a new conference and the appointment of 
                                conferees shall be limited to one hour, 
                                to be equally divided, between, and 
                                controlled by, the manager 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 controlled 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, appeal, or amendment, the 
                                time in opposition 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 limited to 30 
                                minutes, to be equally divided between, 
                                and controlled by, the manager of the 
                                conference report and 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 broken 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 Indian 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.
            ``(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 Indian 
                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 Indian 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 reservation (as 
                defined by the Secretary of the Interior) 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 organization.--In this 
        subsection, the term `covered labor organization' means a labor 
        organization whose total annual receipts equal or exceed 
        $250,000.
            ``(2) Conditions.--Each covered labor organization shall 
        file an annual report containing the information 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 paragraph (2) shall 
        contain information pertaining to the financial operations of 
        the labor organization and the trust, including any 
        transactions or major receipts or disbursements by the trust 
        during the reporting period.''.

 TITLE IV--ADDITIONAL REFORMS 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 requiring each 
employer to post and maintain, in conspicuous places where notices to 
employees and applicants for employment are customarily posted both 
physically and electronically, a notice setting forth the rights and 
protections 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 
organization for collective bargaining and representational activities.
    ``(2) Whenever the Board directs an election under section 9(c) or 
approves an election agreement, the employer of employees in the 
bargaining unit shall, not later than two business days after the Board 
directs such election 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 address, 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 
regulations implementing the requirements of this paragraph.
    ``(3) It shall be an unfair labor practice for an employer to 
violate any requirement under this subsection.''.

SEC. 402. LABOR ORGANIZATION USE OF PERSONAL INFORMATION.

    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 information after the conclusion of 
        a representation proceeding.''.

SEC. 403. NOTICES FOR LABOR ORGANIZATION CARDS DECLARING 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 bargaining 
        representative of the employee; and
            ``(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.''.
                                 <all>