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Union Calendar No. 573
106th CONGRESS
2d Session
H. R. 2434
[Report No. 106-968]
To require labor organizations to secure prior, voluntary, written
authorization as a condition of using any portion of dues or fees for
activities not necessary to performing duties relating to the
representation of employees in dealing with the employer on labor-
management issues, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 1999
Mr. Goodling (for himself, Mr. Ballenger, Mr. Boehner, Mr. Hoekstra,
Mr. Sam Johnson of Texas, Mr. Talent, Mr. Greenwood, Mr. Graham, Mr.
Souder, Mr. McIntosh, Mr. Norwood, Mr. Schaffer, Mr. Deal of Georgia,
Mr. Hilleary, Mr. Salmon, Mr. Tancredo, Mr. Fletcher, Mr. DeMint, and
Mr. Isakson) introduced the following bill; which was referred to the
Committee on Education and the Workforce
October 11, 2000
Additional sponsors: Mr. Barrett of Nebraska, Mr. Bliley, Mr. Lewis of
Kentucky, Mr. Nethercutt, Mr. Hefley, and Ms. Pryce of Ohio
October 11, 2000
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To require labor organizations to secure prior, voluntary, written
authorization as a condition of using any portion of dues or fees for
activities not necessary to performing duties relating to the
representation of employees in dealing with the employer on labor-
management issues, and for other purposes.
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 Paycheck Fairness Act of
1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Workers who pay dues or fees to a labor organization
may not, as a matter of law, be required to pay to that
organization any dues or fees supporting activities that are
not necessary to performing the duties of the exclusive
representative of the employees in dealing with the employer on
labor-management issues.
(2) Many labor organizations use portions of the dues or
fees they collect from the workers they represent for
activities that are not necessary to performing the duties of
the exclusive representative of the employees in dealing with
the employer on labor-management issues. These dues may be used
to support political, social, or charitable causes or many
other noncollective bargaining activities. Unfortunately, many
workers who pay such dues or fees have insufficient information
both about their rights regarding the payment of dues or fees
to a labor organization and about how labor organizations spend
employee dues or fees.
(3) It is a fundamental tenet of this Nation that all men
and women have a right to make individual and informed choices
about the political, social, or charitable causes they support,
and the law should protect that right to the greatest extent
possible.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure that all workers have
sufficient information about their rights regarding the payment of dues
or fees to labor organizations and the uses of employee dues and fees
by labor organizations and that the right of all workers to make
individual and informed choices about the political, social, or
charitable causes they support is protected to the greatest extent
possible.
SEC. 4. WRITTEN CONSENT.
(a) In General.--
(1) Authorization.--A 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
must secure from each employee prior, voluntary, written
authorization for any portion of such dues or fees which will
be 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.
(2) Requirements.--Such written authorization shall clearly
state that an employee may not be required to provide such
authorization and that if such authorization is provided, the
employee agrees to allow any dues or fees paid to the labor
organization to be used for activities which are not necessary
to performing the duties of exclusive representation and which
may be political, social, or charitable in nature.
(b) Revocation.--An authorization described in subsection (a) shall
remain in effect until revoked. Such revocation shall be effective upon
30 days written notice.
(c) Civil Action by Employees.--
(1) Liability.--Any labor organization which violates this
section or section 7 shall be liable to the affected employee--
(A) for damages equal to--
(i) 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; and
(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
(B) for such equitable relief as may be
appropriate.
(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 or State 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 2 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.
SEC. 5. 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 must secure from each employee
prior, written authorization if any portion of such dues or fees will
be 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. 6. 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 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. 7. 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. 8. REGULATIONS.
The Secretary of Labor shall prescribe such regulations as are
necessary to carry out section 5 not later than 60 days after the
enactment of this Act and shall prescribe such regulations as are
necessary to carry out the amendments made by section 6 not later than
120 days after the enactment of this Act.
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.
Union Calendar No. 573
106th CONGRESS
2d Session
H. R. 2434
[Report No. 106-968]
_______________________________________________________________________
A BILL
To require labor organizations to secure prior, voluntary, written
authorization as a condition of using any portion of dues or fees for
activities not necessary to performing duties relating to the
representation of employees in dealing with the employer on labor-
management issues, and for other purposes.
_______________________________________________________________________
October 11, 2000
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Pages: 1 Other Popular 106th Congressional Bills Documents:
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