text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Employee Right to Choose Act of 
  2003''.
  
  SEC. 2. STREAMLINING UNIONIZATION PROCESS.
  
      The National Labor Relations Act (29 U.S.C. 151 et seq.) is 
  amended--
              (1) in section 3(b), in the second sentence--
                      (A) by striking ``and to'' and inserting ``to''; 
                  and
                      (B) by striking ``and certify the results 
                  thereof,'' and inserting ``, and to make the 
                  certifications provided for in section 9,'';
              (2) in section 8--
                      (A) in subsection (b)(7)(C), in the first proviso--
                              (i) by striking ``the provisions of section 
                          9(c)(1) or''; and
                              (ii) by striking ``direct an election in 
                          such unit as the Board finds to be appropriate 
                          and shall certify the results thereof'' and 
                          inserting ``process the petition in accordance 
                          with section 9(c)(1)''; and
                      (B) by striking subsection (d) and inserting the 
                  following:
      ``(d) Collective Bargaining.--
              ``(1) In general.--For the purposes of this section, to 
          bargain collectively is the performance of the mutual 
          obligation of the employer and the representative of the 
          employees to meet at reasonable times and confer in good faith 
          with respect to wages, hours, and other terms and conditions of 
          employment, or the negotiation of an agreement, or any question 
          arising thereunder, and the execution of a written contract 
          incorporating any agreement reached if requested by either 
          party, but such obligation does not compel either party to 
          agree to a proposal or require the making of a concession: 
          Provided, That where there is in effect a collective-bargaining 
          contract covering employees in an industry affecting commerce, 
          the duty to bargain collectively shall also mean that no party 
          to such contract shall terminate or modify such contract, 
          unless the party desiring such termination or modification--
                      ``(A) serves a written notice upon the other party 
                  to the contract of the proposed termination or 
                  modification 60 days prior to the expiration date 
                  thereof, or in the event such contract contains no 
                  expiration date, 60 days prior to the time it is 
                  proposed to make such termination or modification;
                      ``(B) offers to meet and confer with the other 
                  party for the purpose of negotiating a new contract or 
                  a contract containing the proposed modifications;
                      ``(C) notifies the Federal Mediation and 
                  Conciliation Service within 30 days after such notice 
                  of the existence of a dispute, and simultaneously 
                  therewith notifies any State or Territorial agency 
                  established to mediate and conciliate disputes within 
                  the State or Territory where the dispute occurred, 
                  provided no agreement has been reached by that time; 
                  and
                      ``(D) continues in full force and effect, without 
                  resorting to strike or lock-out, all the terms and 
                  conditions of the existing contract for a period of 60 
                  days after such notice is given or until the expiration 
                  date of such contract, whichever occurs later:
          The duties imposed upon employers, employees, and labor 
          organizations by subparagraphs (B), (C), and (D) shall become 
          inapplicable upon an intervening certification of the Board, 
          under which the labor organization or individual, which is a 
          party to the contract, has been superseded as or ceased to be 
          the representative of the employees subject to the provisions 
          of section 9(a), and the duties so imposed shall not be 
          construed as requiring either party to discuss or agree to any 
          modification of the terms and conditions contained in a 
          contract for a fixed period, if such modification is to become 
          effective before such terms and conditions can be reopened 
          under the provisions of the contract. Any employee who engages 
          in a strike within any notice period specified in this 
          subsection, or who engages in any strike within the appropriate 
          period specified in subsection (g), shall lose his status as an 
          employee of the employer engaged in the particular labor 
          dispute, for the purposes of sections 8, 9, and 10 of this Act, 
          as amended, but such loss of status for such employee shall 
          terminate if and when he is reemployed by such employer.
              ``(2) Bargaining for employees of a health care 
          institution.--Whenever the collective bargaining involves 
          employees of a health care institution, the provisions of this 
          subsection shall be modified as follows:
                      ``(A) The notice of paragraph (1)(A) shall be 90 
                  days; the notice of paragraph (1)(C) shall be 60 days; 
                  and the contract period of paragraph (1)(D) shall be 90 
                  days.
                      ``(B) Where the bargaining is for an initial 
                  agreement following certification or recognition, at 
                  least 30 days' notice of the existence of a dispute 
                  shall be given by the labor organization to the 
                  agencies set forth in paragraph (1)(C).
                      ``(C) After notice is given to the Federal 
                  Mediation and Conciliation Service under either clause 
                  (A) or (B) of this sentence, the Service shall promptly 
                  communicate with the parties and use its best efforts, 
                  by mediation and conciliation, to bring them to 
                  agreement. The parties shall participate fully and 
                  promptly in such meetings as may be undertaken by the 
                  Service for the purpose of aiding in a settlement of 
                  the dispute.
              ``(3) Bargaining for an initial agreement.--Whenever the 
          collective bargaining is for an initial agreement following 
          certification or recognition, the provisions of this subsection 
          shall be modified as follows:
                      ``(A) Not later than 10 days after receiving a 
                  written request for collective bargaining from an 
                  individual or labor organization that has been newly 
                  recognized or certified as a representative, as 
                  described in section 9(a), or within such further 
                  period as the parties agree upon, the parties shall 
                  meet and commence to bargain collectively and shall 
                  make every reasonable effort to conclude and sign a 
                  collective bargaining agreement.
                      ``(B) If after 180 days from the commencement of 
                  bargaining, or such further period as the parties agree 
                  upon, the parties have failed to reach an agreement, 
                  either party may notify the Federal Mediation and 
                  Conciliation Service of the existence of a dispute and 
                  request mediation. Whenever such a request is received, 
                  it shall be the duty of the Service promptly to put 
                  itself in communication with the parties and to use its 
                  best efforts, by mediation and conciliation, to bring 
                  the parties to agreement.
                      ``(C) If after 30 days from the request for 
                  mediation, or such further period as the parties agree 
                  upon, the Service is not able to bring the parties to 
                  agreement by conciliation, the Service shall refer the 
                  dispute to an arbitration board established in 
                  accordance with such regulations as may be prescribed 
                  by the Service. The arbitration panel shall render a 
                  decision settling the dispute and such decision shall 
                  be binding upon the parties for a period of 2 years, 
                  unless amended during such period by written consent of 
                  the parties.''; and
              (3) in section 9--
                      (A) by striking subsection (c) and inserting the 
                  following:
      ``(c) Hearings on Questions Affecting Commerce; Rules and 
  Regulations.--
              ``(1) In general.--Whenever a petition shall have been 
          filed, in accordance with such regulations as may be prescribed 
          by the Board--
                      ``(A) by an employee or group of employees or any 
                  individual or labor organization acting in their behalf 
                  alleging that a substantial number of employees wish to 
                  be represented for collective bargaining and that their 
                  employer declines to recognize their representative as 
                  the representative described in subsection (a); or
                      ``(B) by an employer, alleging that an individual 
                  or labor organization has presented to the employer a 
                  claim to be recognized as the representative described 
                  in subsection (a),
          the Board shall investigate such petition and if the Board has 
          reasonable cause to believe that a question of representation 
          affecting commerce exists, shall provide for an appropriate 
          hearing upon due notice. Such hearing may be conducted by an 
          officer or employee of the regional office, who shall not make 
          any recommendations with respect thereto. If the Board finds 
          upon the record of such hearing that such a question of 
          representation exists, the Board shall direct an election by 
          secret ballot and shall certify the results thereof: Provided, 
          That if the Board finds that, as of the date of the filing of 
          the petition or such other date as the Board considers 
          appropriate, a majority of the employees in a unit appropriate 
          for collective bargaining have signed authorizations 
          designating the individual or labor organization specified in 
          the petition as their bargaining representative, and there is 
          no other individual or labor organization that has been so 
          designated by 30 percent or more of the employees, the Board 
          shall not direct an election but shall certify the individual 
          or labor organization as the representative described in 
          subsection (a).
              ``(2) Individual or labor organization no longer 
          representative.--Whenever a petition shall have been filed, in 
          accordance with such regulations as may be prescribed by the 
          Board by an employee or group of employees or any individual or 
          labor organization acting in their behalf alleging that a 
          substantial number of employees assert that the individual or 
          labor organization, which has been certified or is being 
          currently recognized by their employer as the bargaining 
          representative, is no longer a representative as described in 
          subsection (a), the Board shall investigate such petition and 
          if the Board has reasonable cause to believe that a question of 
          representation affecting commerce exists shall provide for an 
          appropriate hearing upon due notice. Such hearing may be 
          conducted by an officer or employee of the regional office, who 
          shall not make any recommendations with respect thereto. If the 
          Board finds upon the record of such hearing that such a 
          question of representation exists, it shall direct an election 
          by secret ballot and shall certify the results thereof.
              ``(3) Regulations and rules of decision.--In determining 
          whether or not a question of representation affecting commerce 
          exists, the same regulations and rules of decision shall apply 
          irrespective of the identity of the persons filing the petition 
          or the kind of relief sought and in no case shall the Board 
          deny a labor organization a place on the ballot by reason of an 
          order with respect to such labor organization or its 
          predecessor not issued in conformity with section 10(c).
              ``(4) Limitation on election.--No election shall be 
          directed in any bargaining unit or any subdivision within 
          which, in the preceding 12-month period, a valid election shall 
          have been held, and no bargaining representative shall be 
          certified on the basis of a showing of majority support 
          obtained within the 12-month period following such an election. 
          Employees engaged in an economic strike who are not entitled to 
          reinstatement shall be eligible to vote under such regulations 
          as the Board shall find are consistent with the purposes and 
          provisions of this subchapter in any election conducted within 
          12 months after the commencement of the strike. In any election 
          where none of the choices on the ballot receives a majority, a 
          run-off shall be conducted, the ballot providing for a 
          selection between the 2 choices receiving the largest and 
          second largest number of valid votes cast in the election.
              ``(5) Rule of construction.--Nothing in this section shall 
          be construed to prohibit the waiving of hearings by stipulation 
          for the purpose of a consent election in conformity with 
          regulations and rules of decision of the Board.
              ``(6) Determination of appropriate unit.--In determining 
          whether a unit is appropriate for the purposes specified in 
          subsection (b), the extent to which the employees have 
          organized shall not be controlling.
              ``(7) Guidelines and procedures.--The Board shall develop 
          guidelines and procedures for the designation by employees of a 
          bargaining representative as described in subsection (a). Such 
          guidelines and procedures shall include--
                      ``(A) model collective bargaining authorization 
                  language that may be used for purposes of making the 
                  designations described in paragraph (1); and
                      ``(B) procedures to be used by the Board to 
                  establish the authenticity of signed authorizations 
                  designating bargaining representatives.''; and
                      (B) by striking subsection (e).
  
  SEC. 3. CONFORMING AMENDMENTS.
  
      Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
  amended--
              (1) in subsection (a)(3)(ii), by striking ``section 9(e)'' 
          and inserting ``section 9(c)(1)''; and
              (2) in subsection (f), by striking ``9(e)'' and inserting 
          ``9(c)(1)''.
target: Employee Right to Choose Act of 2003 - Amends the National Labor Relations Act to revise collective bargaining requirements with respect to bargaining for an initial agreement to require generally shorter deadlines for commencement of bargaining, requests for mediation, and referrals of a dispute to arbitration.
  
  Requires certification of a bargaining representative without election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization so designated by 30 percent or more of the employees.
  
  Repeals the requirement for a secret ballot vote on rescission of the authority of a collective bargaining agreement upon petition by 30 percent or more of covered bargaining unit employees.
feat_title: To amend the National Labor Relations Act to establish an efficient system to enable employees to form or become members of labor organizations, and for other purposes.