Worker’s Choice Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5147 To amend the National Labor Relations Act to repeal exclusive representation, to remove any requirement that individual employees join or pay dues or fees to labor organizations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 18, 2019 Mr. JOHNSON of South Dakota (for himself, Mr. MURPHY of North Carolina, and Mr. DAVID P. ROE of Tennessee) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the National Labor Relations Act to repeal exclu- sive representation, to remove any requirement that indi- vidual employees join or pay dues or fees to labor organi- zations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Worker’s Choice Act 4 of 2019’’. 5 VerDate Sep 11 2014 00:45 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5147.IH H5147 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5147 IH SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA- 1 TIONS ACT. 2 (a) EMPLOYEE RIGHTS.—Section 7 of the National 3 Labor Relations Act (29 U.S.C. 157) is amended by strik- 4 ing ‘‘except to’’ and all that follows through ‘‘authorized 5 in section 8(a)(3)’’. 6 (b) UNFAIR LABOR PRACTICE FOR EMPLOYER.— 7 Paragraph (3) of section 8(a) of the National Labor Rela- 8 tions Act (29 U.S.C. 158(a)) is amended by striking ‘‘: 9 Provided, That’’ and all that follows through ‘‘retaining 10 membership’’. 11 (c) UNFAIR LABOR PRACTICE FOR LABOR ORGANI- 12 ZATION.—Section 8(b) of the National Labor Relations 13 Act (29 U.S.C. 158(b)) is amended— 14 (1) in paragraph (1)— 15 (A) by inserting ‘‘interfere with,’’ before 16 ‘‘restrain’’; and 17 (B) by inserting ‘‘(except that an employee 18 can resign at any time effective immediately)’’ 19 after ‘‘membership therein’’ in subparagraph 20 (A); 21 (2) in paragraph (2), by striking ‘‘or to dis- 22 criminate’’ and all that follows through ‘‘retaining 23 membership’’; 24 (3) in paragraph (5)— 25 VerDate Sep 11 2014 00:45 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5147.IH H5147 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5147 IH (A) by striking ‘‘covered by an agreement 1 authorized under subsection (a)(3)’’; 2 (B) by striking ‘‘becoming a member of’’ 3 and inserting ‘‘being represented by’’; 4 (C) by striking the period after ‘‘cir- 5 cumstances’’, and by inserting ‘‘to defray the 6 costs of collective bargaining under section 7 8(d)’’ after ‘‘all the circumstances’’; and 8 (D) by striking ‘‘In making such’’ and all 9 that follows through ‘‘the employees affected’’. 10 (d) EMPLOYEE REPRESENTATION.—Section 9 of the 11 National Labor Relations Act (29 U.S.C. 159) is amend- 12 ed— 13 (1) by amending subsection (a) to read as fol- 14 lows: 15 ‘‘(a)(1) A representative designated or selected for 16 the purposes of collective bargaining by the affirmative 17 vote of a majority of all the employees in a unit appro- 18 priate for such purposes shall be the only collective rep- 19 resentative of employees in such unit for the purposes of 20 collective bargaining in respect to rates of pay, wages, 21 hours of employment, or other conditions of employment 22 for employees who elect to work under the terms and con- 23 ditions of a collective-bargaining agreement negotiated by 24 such collective representative. 25 VerDate Sep 11 2014 00:45 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5147.IH H5147 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5147 IH ‘‘(2) A collective representative may represent only 1 those employees who have affirmatively designated or se- 2 lected such representation. Any employee designation or 3 selection under this subsection shall be in writing, shall 4 state in prominent type that such designation or selection 5 is revocable at any time, shall be signed by the employee 6 and delivered to both the employer and the collective rep- 7 resentative, and shall provide in prominent type that no 8 financial obligation can be imposed on account of the col- 9 lective representation of the employee after the date of any 10 revocation of collective representation. 11 ‘‘(3) The terms and conditions of employment set out 12 in any collective-bargaining agreement negotiated by a col- 13 lective representative designated or selected under this 14 subsection shall apply only to those employees who affirm- 15 atively elect in writing to accept such terms and conditions 16 of employment: Provided, That any individual employee or 17 a group of employees who have elected to accept such 18 terms and conditions of employment shall have the 19 nonwaivable right at any time to present grievances to 20 their employer and to have such grievances adjusted, with- 21 out the intervention of the collective representative, as 22 long as the adjustment is not inconsistent with the terms 23 of the collective-bargaining agreement then in effect for 24 that employee or group of employees: Provided further, 25 VerDate Sep 11 2014 00:45 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5147.IH H5147 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5147 IH That the collective representative of such employee or 1 group of employees has been given an opportunity to be 2 present at such adjustment. Individual employees who do 3 not affirmatively elect in writing to accept the terms and 4 conditions set out in a collective-bargaining agreement 5 may accept any other terms and conditions of employment 6 mutually acceptable to them and the employer.’’; and 7 (2) by striking subsection (e). 8 Æ VerDate Sep 11 2014 00:45 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H5147.IH H5147 pamtmann on DSKBC07HB2PROD with BILLS