SAFE Workers Act

I 116TH CONGRESS 2D SESSION H. R. 7485 To direct the National Labor Relations Board to implement a system and procedures to conduct representation elections remotely using an elec- tronic voting system, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 2, 2020 Mr. LEVIN of Michigan (for himself, Mr. FITZPATRICK, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. CARSON of Indiana, Mr. CASE, Mr. COHEN, Mr. DESAULNIER, Mr. DEUTCH, Mr. MICHAEL F. DOYLE of Pennsylvania, Ms. ESHOO, Mr. GALLEGO, Mr. GARAMENDI, Mr. GARCI´A of Illinois, Mr. GREEN of Texas, Mrs. HAYES, Mr. HIGGINS of New York, Ms. JAYAPAL, Ms. KAPTUR, Mr. KHANNA, Mr. KILMER, Mr. LARSON of Connecticut, Mr. LOWENTHAL, Mr. LUJA´N, Mr. LYNCH, Mr. NORCROSS, Ms. NORTON, Mr. PALLONE, Mr. POCAN, Mr. ROSE of New York, Mr. RYAN, Ms. SA´NCHEZ, Ms. SCHAKOWSKY, Mr. DAVID SCOTT of Georgia, Mr. SERRANO, Ms. SLOTKIN, Mr. SMITH of Washington, Mr. SOTO, Ms. TLAIB, Mrs. TRAHAN, Mr. TRONE, Mr. VARGAS, Ms. WILD, and Ms. WILSON of Florida) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To direct the National Labor Relations Board to implement a system and procedures to conduct representation elec- tions remotely using an electronic voting system, 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 VerDate Sep 11 2014 01:21 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7485.IH H7485 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7485 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘SAFE Workers Act’’ 2 or the ‘‘Secure And Fair Elections for Workers Act’’. 3 SEC. 2. ELECTRONIC VOTING IN UNION ELECTIONS. 4 (a) IN GENERAL.— 5 (1) ELECTRONIC VOTING SYSTEM.—Subject to 6 the provisions of this section, not later than 90 days 7 after the date of the enactment of this Act, the Na- 8 tional Labor Relations Board shall implement a sys- 9 tem and procedures to conduct representation elec- 10 tions remotely using an electronic voting system. 11 (2) PROCEDURES.—The procedures under para- 12 graph (1) shall ensure that each employee voting in 13 a representation election may choose to cast a vote 14 using either an internet voting system or a telephone 15 voting system. 16 (3) NATIONAL MEDIATION BOARD SYSTEM.—If 17 the Board does not implement a system under para- 18 graph (1) before the date that is 60 days after the 19 date of the enactment of this Act, the Board shall 20 enter into a temporary agreement to use the system 21 and procedures used by the National Mediation 22 Board to conduct representation elections for the pe- 23 riod— 24 (A) beginning on the date that is 60 days 25 after the date of enactment of this Act; and 26 VerDate Sep 11 2014 20:49 Jul 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7485.IH H7485 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7485 IH (B) ending on the date that is 90 days 1 after the date of enactment of this Act 2 (b) INTERIM PERIOD.—During the period beginning 3 on the date of the enactment of this Act and ending upon 4 the date on which the system and procedures are imple- 5 mented under subsection (a), the Board shall conduct all 6 representation elections by mail ballot. 7 (c) IMPRACTICABILITY.—A regional director shall 8 conduct a representation election by mail ballot if, during 9 a representation proceeding with respect to such election, 10 a party makes a showing that conducting such election 11 in accordance with the system and procedures under sub- 12 section (a) is impracticable. 13 (d) REPORT.—Not later than 90 days of the enact- 14 ment of this Act, and every 90 days thereafter, the Board 15 shall submit to Congress a report containing a description 16 of the following: 17 (1) For each representation petition under sec- 18 tion 9 of the National Labor Relations Act filed— 19 (A) the case name and case number; 20 (B) the number of days between the peti- 21 tion and the election; 22 (C) the number of days between the stipu- 23 lation or direction of election and the election; 24 (D) the method of the election; 25 VerDate Sep 11 2014 01:21 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7485.IH H7485 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7485 IH (E) the results of the election; and 1 (F) the number of eligible voters, the num- 2 ber of voters participating in the election, and 3 the method by which each of the voters sub- 4 mitted their vote. 5 (2) The total cost of conducting all elections the 6 Board conducted through the system and procedures 7 required by subsection (a). 8 (e) PERIOD OF APPLICATION.—The requirements 9 under this section shall apply with respect to any represen- 10 tation election conducted during the period— 11 (1) beginning on the date of enactment of this 12 Act; and 13 (2) ending on the date on which a COVID–19 14 public health emergency is not in effect with respect 15 to the worksite of a participant of such election. 16 (f) DEFINITIONS.—In this section: 17 (1) ELECTRONIC VOTING SYSTEM.—The term 18 ‘‘electronic voting system’’— 19 (A) includes an internet voting system and 20 a telephone voting system; and 21 (B) does not include machines used for 22 casting votes at a polling site or an electronic 23 tabulation system where votes are cast non-elec- 24 VerDate Sep 11 2014 01:21 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7485.IH H7485 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7485 IH tronically but counted electronically (such as a 1 punch card or optical scanning system). 2 (2) INTERNET VOTING SYSTEM.—The term 3 ‘‘internet voting system’’ means an internet-based 4 voting system that allows a participant to cast a bal- 5 lot remotely using a personal computer or other mo- 6 bile electronic device that is connected to the inter- 7 net. 8 (3) TELEPHONE VOTING SYSTEM.—The term 9 ‘‘telephone voting system’’ means a voting system in 10 which participants may cast a vote remotely using a 11 telephone. 12 (4) REMOTELY.—The term ‘‘remotely’’, used 13 with respect to voting in a representation election, 14 means a vote may be cast at any site chosen by a 15 participant in such election. 16 (5) REPRESENTATION ELECTION.—The term 17 ‘‘representation election’’ means a representation 18 election under section 9 of the National Labor Rela- 19 tions Act (29 U.S.C. 159). 20 (6) COVID–19 PUBLIC HEALTH EMERGENCY.— 21 The term ‘‘COVID–19 public health emergency’’ 22 means a public health emergency with respect to 23 COVID–19 declared by a Federal, State, or local au- 24 thority. 25 VerDate Sep 11 2014 01:21 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7485.IH H7485 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7485 IH (g) AUTHORIZATION OF APPROPRIATION.—There are 1 authorized to be appropriated $1,000,000 to the Board 2 to carry out this section. 3 SEC. 3. AMENDMENT TO FURTHER CONSOLIDATED APPRO- 4 PRIATIONS ACT. 5 The Further Consolidated Appropriations Act, 2020 6 (Public Law 116–94) is amended by striking section 407. 7 Æ VerDate Sep 11 2014 01:21 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H7485.IH H7485 pbinns on DSKJLVW7X2PROD with BILLS