S. 560: Employee Free Choice Act of 2009
111th Congress, 1st Session
Official Title: 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 the organizing efforts, and for other purposes.
Major Actions: 3/10/2009 Referred to Senate committee.
Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 3/10/2009)
SUMMARY AS OF:
3/10/2009--Introduced.
Employee Free Choice Act of 2009 - Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.
Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition.
Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief.
Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.
Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
Read the entire bill here (PDF).
Cosponsors: (40):
Sen Akaka, Daniel K. [HI]
Sen Begich, Mark [AK]
Sen Boxer, Barbara [CA]
Sen Brown, Sherrod [OH]
Sen Burris, Roland [IL]
Sen Byrd, Robert C. [WV]
Sen Cantwell, Maria [WA]
Sen Cardin, Benjamin L. [MD]
Sen Carper, Thomas R. [DE]
Sen Casey, Robert P., Jr. [PA]
Sen Dodd, Christopher J. [CT]
Sen Durbin, Richard [IL]
Sen Feingold, Russell D. [WI]
Sen Franken, Al [MN]
Sen Gillibrand, Kirsten E. [NY]
Sen Harkin, Tom [IA]
Sen Inouye, Daniel K. [HI]
Sen Johnson, Tim [SD]
Sen Kaufman, Edward E. [DE]
Sen Kerry, John F. [MA]
Sen Klobuchar, Amy [MN]
Sen Lautenberg, Frank R. [NJ]
Sen Leahy, Patrick J. [VT]
Sen Levin, Carl [MI]
Sen Lieberman, Joseph I. [CT]
Sen Menendez, Robert [NJ]
Sen Merkley, Jeff [OR]
Sen Mikulski, Barbara A. [MD]
Sen Murray, Patty [WA]
Sen Nelson, Bill [FL]
Sen Reed, Jack [RI]
Sen Reid, Harry [NV]
Sen Rockefeller, John D., IV [WV]
Sen Sanders, Bernard [VT]
Sen Schumer, Charles E. [NY]
Sen Shaheen, Jeanne [NH]
Sen Stabenow, Debbie [MI]
Sen Udall, Tom [NM]
Sen Whitehouse, Sheldon [RI]
Sen Wyden, Ron [OR]