National Labor Relations Act

(a) Recognition of representative (1) In general Section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the colon the following: or to recognize or bargain collectively with a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the Board in accordance with section 9. (2) Application The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act. (b) Election required (1) In general Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)), as amended by subsection (c) of this section, is amended— (A) by striking and at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting; and; and (C) by adding at the end the following: (8) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the Board in accordance with section 9.. (2) Application The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act. (c) Secret ballot election required (1) Designation of representative by secret ballot Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)), is amended— (A) by inserting (1) after (a); and (B) by inserting after designated or selected the following: by a secret ballot election conducted by the Board in accordance with this section. (2) Decertification Such section is further amended by adding at the end the following: (2) The Board shall conduct a secret ballot election to determine whether a labor organization certified or recognized by an employer as the representative for the purposes of collective bargaining is no longer the representative of a unit as defined in paragraph (1).. (3) Application The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act. (d) Conforming amendments Section 9(c)(1) of such Act (29 U.S.C. 159(c)(1)) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking and that their employer declines to recognize their representative as the representative defined in section 9(a) and inserting by a representative; and (B) in clause (ii), by striking section 9(a); and inserting subsection (a),; and (2) in subparagraph (B), by striking alleging and all that follows through defined in section 9(a).