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U.S. Congressman Reintroduces “Secret Ballot Protection Act”

On June 13, 2013, in reaction to continued interest in the so-called Employee Free Choice Act (EFCA),  which would impose mandatory card check certification for union organizing efforts,  United States Congressman Phil Roe, Chairman of the Health, Employment, Labor, and Pensions Subcommittee of the House of Representatives, introduced the Secret Ballot Protection Act, H.R. 2346. H.R. 2346 would: 

1. Require a secret ballot election before a union can be certified or decertified, eliminating once and for all the threats posed by the card check scheme;

2. Prevent employers from bargaining with any union that has not been certified by a secret ballot election; and

3. Prohibit union bosses from negotiating with an employer before they have been certified by a secret ballot election.

Senator Roe’s press release can be found here.

That same week, U.S. Senator Johnny Isakson, the ranking Republican on the Health, Education, Labor and Pensions Committee’s Subcommittee on Employment and Workplace Safety, and U.S. Congressman Tom Price reintroduced the Representation and Fairness Restoration Act to their respective houses of congress. That legislation seeks to “reverse the National Labor Relations Board’s 2011 decision [Specialty Healthcare]allowing as few as two or three employees to form micro bargaining units, or “micro unions,” to engage in collective bargaining with employers.”

The Representation and Fairness Restoration Act is supported by 12 U.S. Senators.  Senator Isakson’s press release can be found here.

© 2022 BARNES & THORNBURG LLPNational Law Review, Volume III, Number 180
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About this Author

Steve Hernandez, Barnes Thornburg Law Firm, Los Angeles, Labor and Employment Law Attorney
Partner

Steve L. Hernández is a partner in the Los Angeles office of Barnes & Thornburg. A member of the firm’s Labor and Employment Law Department, Mr. Hernández focuses his practice on traditional labor and employment law. Mr. Hernández has extensive experience litigating class action matters.

Mr. Hernández also brings four years of experience as an attorney with Region 21 of the National Labor Relations Board (NLRB) to his practice. While at the NLRB, Mr. Hernández investigated unfair labor practice, litigated unfair labor practice complaints,...

310-284-3775
Scott Witlin Employment lawyer Barnes Thornburg
Partner

Scott J. Witlin is a partner and the administrator of the Labor & Employment Department in the firm's Los Angeles office. He is Co-Chair of the firm's Wage and Hour Practice Group and a member of the firm's Entertainment, Media and Sports Practice Group.

Scott assists companies in dealing with the challenges of employing workers in California and throughout the U.S. Scott's practice includes both traditional labor and employment law matters, including wage and hour class actions, arbitrations, collective bargaining negotiations, compliance with various guild and union agreements...

310-284-3777
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