LEGISLATION

SUPA supports the passage of H.R. 3632, the "Worker's Freedom of Choice Act."  SUPA staff delivered over 10,000 of your petitions to Congressional offices urging Congressmen to support H.R. 3632.  Read more >

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For more information on H.R. 3632 go to:  http://thomas.loc.gov and enter "HR3632" in the search box next to "Bill Number." 

Bill Text:

Worker's Freedom of Choice Act (Introduced in House)

HR 3632 IH

To ensure that labor dues and fees are used only for collective bargaining purposes and exclusive representation.

Mr. TANCREDO introduced the following bill; which was referred to the Committee on Education and the Workforce

To ensure that labor dues and fees are used only for collective bargaining purposes and exclusive representation.

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 `Worker's Freedom of Choice Act'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) Because of the statutory requirements that certain workers must pay dues or fees to certain labor organizations subject to the National Labor Relations Act, workers who pay dues or fees to labor organizations should not, as a matter of law, be required to support activities of labor organizations that do not relate directly to the express purposes of the National Labor Relations Act, to-wit, those purposes expressed in the policies found in section 1 of such Act, (29 U.S.C. 151). In enacting the National Labor Relations Act, Congress expressly recognized that a purpose of the Act was to protect the freedom of association or actual liberty of contract of employees. To strengthen the ability of labor organizations to represent all employees with regard to the express purposes of the National Labor Relations Act, it is statutorily provided that labor organizations regulated by such Act may require employees to pay dues or fees to a labor organization as a condition of their employment

(2) Some labor organizations use the general treasury funds that consist of, or include, statutorily required dues and fees paid by employees for purposes other than the express purposes of the National Labor Relations Act. Some labor organizations use such treasury funds to support political candidates, tax-exempt organizations, issue advocacy and lobbying in support of legislation or causes which individual workers may not otherwise support and are not directly related to the express statutory purposes for which those funds are collected from workers by legislative mandate. Such uses of funds violate the rights and freedoms of association of employees for which the collective bargaining rights are statutorily protected under the National Labor Relations Act.

(3) It is a fundamental tenet of this Nation that all men and women have a right to make individual choices about the political, social or charitable causes they support. It is also a fundamental right that an individual may not be forced or coerced by organizations, as a condition of employment, to support causes of any type, especially those that may be contrary to, or even inconsistent with, their individual beliefs. Such forced or coerced support violates basic notions of First Amendment rights of free speech and freedom of association.

SEC. 3. FREEDOM TO CHOOSE.

(a) IN GENERAL-

(1) CORE PURPOSES- Notwithstanding the exception in section 7 of the National Labor Relations Act (29 U.S.C. 157), an employer or labor organization subject to a valid labor agreement shall not receive, solicit, or accept from an employee payment of any dues or fees not related to core purposes and exclusive representation.

(2) DEFINITION- For purposes of this subsection, the term `core purposes' includes collective bargaining, contract administration, and grievance adjustment.

(b) DISCREPANCY IN AMOUNT OF FEES COLLECTED-

(1) LIABILITY- If an employee disputes the amount of fees collected by the labor organization, such employee may bring a civil action against the labor organization--

(A) for total damages, for each employee, equal to--

(i) 10 times the amount of the dues or fees accepted in violation of this section;

(ii) the interest on the amount described in clause (i) calculated at the prevailing rate;

(iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and

(iv) not more than $1,000 in punitive damages;

(B) for such equitable relief as may be appropriate; and

(C) revocation of tax exempt status.

(2) RIGHT OF ACTION- An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any labor organization in any Federal court of competent jurisdiction by any one or more employees for and in behalf of--

(A) the employees; or

(B) the employees and other employees similarly situated.

(3) FEES AND COSTS- The court in such action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.

(4) LIMITATION- An action may be brought under this subsection not later than 5 years after the date the employee knew or should have known that dues or fees were accepted or spent by a labor organization in violation of this Act, except that such period shall be extended to 3 years in the case of a willful violation by a labor organization.

SEC. 4. NOTICE.

An employer whose employees are represented by a collective bargaining representative shall be required to post a notice, of such size and in such form as the Department of Labor shall prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted, informing employees that any labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law is not permitted to withhold any portion of such dues or fees used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues.

SEC. 5. DISCLOSURE TO WORKERS.

(a) EXPENSES REPORTING- Section 201(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: `Every labor organization shall be required to attribute and report expenses verified by an independent audit using generally accepted accounting principles and standards in such detail as necessary to allow members to determine whether such expenses were necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues.'

(b) DISCLOSURE- Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 is amended--

(1) by inserting `and employees required to pay any dues or fees to such organization' after `members'; and

(2) inserting `or employee required to pay any dues or fees to such organization' after `member' each place it appears.

(c) WRITTEN REQUESTS- Section 205(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: `Upon written request, the Secretary shall make available complete copies of any report or other document filed pursuant to section 201.'.

SEC. 6. RETALIATION AND COERCION PROHIBITED.

It shall be unlawful for any labor organization to coerce, intimidate, threaten, interfere with, or retaliate against any employee in the exercise of, or on account of having exercised, any right granted or protected by this Act.

SEC. 7. REGULATIONS.

The Secretary of Labor shall prescribe such regulations as are necessary to carry out sections 3 and 4 of this Act not later than 60 days after the date of enactment of this Act and shall prescribe such regulations as are necessary to carry out the amendments made by section 5 not later than 120 days after such date of enactment.

SEC. 8. CONSTRUCTION.

Nothing in this Act shall be construed to prohibit or discourage an employee from making voluntary personal contributions to charities, affiliates, events, or organizations endorsed or otherwise supported by a labor organization.

SEC. 9. EFFECTIVE DATE AND APPLICATION.

This Act shall be effective immediately upon enactment, except that sections 4 and 5 pertaining to worker consent and notice shall take effect 90 days after enactment and section 6 pertaining to disclosure shall take effect 150 days after enactment.