H.R. 1409: Employee Free Choice Act of 2009

111th Congress, 1st Session


Official Title: 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 organizing efforts, and for other purposes.
Sponsor: Rep Miller, George [CA-7] (introduced 3/10/2009)
Major Actions:
4/29/2009 Referred to House subcommittee. Status: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
3/10/2009 Referred to the House Committee on Education and Labor.


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: (226):
Rep Abercrombie, Neil [HI-1]
Rep Ackerman, Gary L. [NY-5]
Rep Adler, John H. [NJ-3]
Rep Altmire, Jason [PA-4]
Rep Andrews, Robert E. [NJ-1]
Rep Arcuri, Michael A. [NY-24]
Rep Baca, Joe [CA-43]
Rep Baird, Brian [WA-3]
Rep Baldwin, Tammy [WI-2]
Rep Bean, Melissa L. [IL-8]
Rep Becerra, Xavier [CA-31]
Rep Berkley, Shelley [NV-1]
Rep Berman, Howard L. [CA-28]
Rep Bishop, Sanford D., Jr. [GA-2]
Rep Bishop, Timothy H. [NY-1]
Rep Blumenauer, Earl [OR-3]
Rep Boccieri, John A. [OH-16]
Rep Boswell, Leonard L. [IA-3]
Rep Boucher, Rick [VA-9]
Rep Brady, Robert A. [PA-1]
Rep Braley, Bruce L. [IA-1]
Rep Brown, Corrine [FL-3]
Rep Capps, Lois [CA-23]
Rep Capuano, Michael E. [MA-8]
Rep Cardoza, Dennis A. [CA-18]
Rep Carnahan, Russ [MO-3]
Rep Carson, Andre [IN-7]
Rep Castor, Kathy [FL-11]
Rep Clarke, Yvette D. [NY-11]
Rep Clay, Wm. Lacy [MO-1]
Rep Cleaver, Emanuel [MO-5]
Rep Clyburn, James E. [SC-6]
Rep Cohen, Steve [TN-9]
Rep Connolly, Gerald E. "Gerry" [VA-11]
Rep Conyers, John, Jr. [MI-14]
Rep Costa, Jim [CA-20]
Rep Costello, Jerry F. [IL-12]
Rep Courtney, Joe [CT-2]
Rep Crowley, Joseph [NY-7]
Rep Cummings, Elijah E. [MD-7]
Rep Dahlkemper, Kathleen A. [PA-3]
Rep Davis, Artur [AL-7]
Rep Davis, Danny K. [IL-7]
Rep Davis, Susan A. [CA-53]
Rep DeFazio, Peter A. [OR-4]
Rep DeGette, Diana [CO-1]
Rep Delahunt, William D. [MA-10]
Rep DeLauro, Rosa L. [CT-3]
Rep Dicks, Norman D. [WA-6]
Rep Dingell, John D. [MI-15]
Rep Doggett, Lloyd [TX-25]
Rep Donnelly, Joe [IN-2]
Rep Doyle, Michael F. [PA-14]
Rep Driehaus, Steve [OH-1]
Rep Edwards, Donna F. [MD-4]
Rep Ellison, Keith [MN-5]
Rep Engel, Eliot L. [NY-17]
Rep Eshoo, Anna G. [CA-14]
Rep Faleomavaega, Eni F.H. [AS]
Rep Farr, Sam [CA-17]
Rep Fattah, Chaka [PA-2]
Rep Filner, Bob [CA-51]
Rep Foster, Bill [IL-14]
Rep Frank, Barney [MA-4]
Rep Fudge, Marcia L. [OH-11]
Rep Gonzalez, Charles A. [TX-20]
Rep Grayson, Alan [FL-8]
Rep Gr