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HR 3222 114th Congress House

Employee Rights Act

Official title: To provide protections for workers with respect to their right to select or refrain from selecting representation by a labor organization.

Introduced: October 22, 2015 See on congress.gov
Labor and Employment Accounting and auditingBusiness recordsEmployment discrimination and employee rightsLabor-management relations
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This bill died when the 114th Congress ended
It never became law before the 114th Congress (2015–2016) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 16, 2015
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
Jul 27, 2015
Referred to the House Committee on Education and the Workforce.
Jul 27, 2015
Introduced in House
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 Latest action November 16, 2015

Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

 Plain-English summary Congressional Research Service

Employee Rights Act

Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain.

Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election.

Requires the NLRB, in cases where an existing certified or voluntarily recognized bargaining unit experiences turnover, expansion, or alteration by merger of more than 50% of the unit's employees, to conduct a secret paper ballot among the unit employees: (1) between the 120th day and 110th day before the collective bargaining agreement's expiration or before the end of three years, if there is an agreement between the labor organization and the employer; or (2) within 30 days, if there is no agreement between such parties.

Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit.

Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists.

Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists.

Requires an employer to provide the NLRB a list consisting only of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters.

Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB.

Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election.

Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages.

Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth.

Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer.

Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing.

Prohibits a strike without the consent of a majority of all unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization.

Requires each labor organization to make the independently verified annual audit report of its financial condition and operations available to all of its members and represented nonmembers.

Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
 Cosponsors 84
R
Davidson, Warren
Ohio · Dec 7, 2016
R
Graves, Sam
Missouri · Sep 13, 2016
R
Buchanan, Vern
Florida · Jul 14, 2016
Noem, Kristi
· Jun 28, 2016
Walters, Mimi
· Jun 28, 2016
R
Calvert, Ken
California · Jun 21, 2016
McHenry, Patrick
· Jun 21, 2016
R
Cramer, Kevin
North Dakota · Jun 8, 2016
R
Smith, Jason
Missouri · Jun 7, 2016
Trott, David
· May 24, 2016
Roby, Martha
· May 23, 2016
R
Crawford, Eric A. "Rick"
Arkansas · May 17, 2016
Graves, Garret
· May 16, 2016
R
Wagner, Ann
Missouri · May 11, 2016
R
Blackburn, Marsha
Tennessee · May 10, 2016
Chaffetz, Jason
· May 10, 2016
R
Moolenaar, John R.
Michigan · May 10, 2016
Walker, Mark
· May 10, 2016
R
Allen, Rick W.
Georgia · Apr 27, 2016
R
Radewagen, Aumua Amata Coleman
American Samoa · Apr 27, 2016
BRADY, KEVIN
· Apr 26, 2016
R
Jordan, Jim
Ohio · Apr 26, 2016
Harper, Gregg
· Apr 21, 2016
R
Babin, Brian
Texas · Apr 20, 2016
Russell, Steve
· Apr 20, 2016
Labrador, Raul
· Apr 15, 2016
Abraham, Ralph
· Apr 14, 2016
THORNBERRY, WILLIAM
· Apr 12, 2016
Byrne, Bradley
· Mar 22, 2016
R
McCaul, Michael T.
Texas · Mar 22, 2016
R
Fleischmann, Charles J. "Chuck"
Tennessee · Mar 16, 2016
Rice, Tom
· Mar 16, 2016
Graves, Tom
· Mar 2, 2016
R
Lummis, Cynthia M.
Wyoming · Mar 2, 2016
Ratcliffe, John
· Feb 1, 2016
Brat, Dave
· Jan 13, 2016
R
Grothman, Glenn
Wisconsin · Jan 7, 2016
R
Perry, Scott
Pennsylvania · Jan 7, 2016
Gowdy, Trey
· Jan 5, 2016
R
Smith, Adrian
Nebraska · Jan 5, 2016
R
Newhouse, Dan
Washington · Dec 18, 2015
JOHNSON, SAM
· Dec 17, 2015
Rothfus, Keith
· Dec 11, 2015
R
Stutzman, Marlin A.
Indiana · Dec 11, 2015
R
Kelly, Trent
Mississippi · Dec 8, 2015
R
Weber, Randy K. Sr.
Texas · Dec 8, 2015
R
Latta, Robert E.
Ohio · Dec 7, 2015
R
Webster, Daniel
Florida · Dec 2, 2015
GOODLATTE, ROBERT
· Dec 1, 2015
Holding, George
· Dec 1, 2015
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Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 3222: Employee Rights Act. 114th Congress. Open America. https://openamerica.io/bill/114-HR-3222/
MLA
"H.R. 3222: Employee Rights Act." 114th Congress, 2026, Open America, https://openamerica.io/bill/114-HR-3222/.
Bluebook (legal)
H.R. 3222, 114th Cong. (2026), https://openamerica.io/bill/114-HR-3222/.
Markdown link
[H.R. 3222: Employee Rights Act](https://openamerica.io/bill/114-HR-3222/)
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