text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Employee Free Choice Act of 2016''.
  
  SEC. 2. STREAMLINING UNION CERTIFICATION.
  
      (a) In General.--Section 9(c) of the National Labor Relations Act 
  (29 U.S.C. 159(c)) is amended by adding at the end the following:
      ``(6) Notwithstanding any other provision of this section, whenever 
  a petition shall have been filed by an employee or group of employees 
  or any individual or labor organization acting in their behalf alleging 
  that a majority of employees in a unit appropriate for the purposes of 
  collective bargaining wish to be represented by an individual or labor 
  organization for such purposes, the Board shall investigate the 
  petition. If the Board finds that a majority of the employees in a unit 
  appropriate for bargaining has signed valid authorizations designating 
  the individual or labor organization specified in the petition as their 
  bargaining representative and that no other individual or labor 
  organization is currently certified or recognized as the exclusive 
  representative of any of the employees in the unit, the Board shall not 
  direct an election but shall certify the individual or labor 
  organization as the representative described in subsection (a).
      ``(7) The Board shall develop guidelines and procedures for the 
  designation by employees of a bargaining representative in the manner 
  described in paragraph (6). 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 (6); and
              ``(B) procedures to be used by the Board to establish the 
          validity of signed authorizations designating bargaining 
          representatives.''.
      (b) Conforming Amendments.--
              (1) National labor relations board.--Section 3(b) of the 
          National Labor Relations Act (29 U.S.C. 153(b)) is amended, 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 issue 
                  certifications as provided for in that section,''.
              (2) Unfair labor practices.--Section 8(b) of the National 
          Labor Relations Act (29 U.S.C. 158(b)) is amended--
                      (A) in paragraph (7)(B) by striking ``, or'' and 
                  inserting ``or a petition has been filed under section 
                  9(c)(6), or''; and
                      (B) in paragraph (7)(C) by striking ``when such a 
                  petition has been filed'' and inserting ``when such a 
                  petition other than a petition under section 9(c)(6) 
                  has been filed''.
  
  SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.
  
      Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
  amended by adding at the end the following:
      ``(h) Whenever collective bargaining is for the purpose of 
  establishing an initial agreement following certification or 
  recognition, the provisions of subsection (d) shall be modified as 
  follows:
              ``(1) Not later than 10 days after receiving a written 
          request for collective bargaining from an individual or labor 
          organization that has been newly organized or certified as a 
          representative as defined 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.
              ``(2) If after the expiration of the 90-day period 
          beginning on the date on which bargaining is commenced, or such 
          additional period as the parties may 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 them to 
          agreement.
              ``(3) If after the expiration of the 30-day period 
          beginning on the date on which the request for mediation is 
          made under paragraph (2), or such additional period as the 
          parties may 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.''.
  
  SEC. 4. STRENGTHENING ENFORCEMENT.
  
      (a) Injunctions Against Unfair Labor Practices During Organizing 
  Drives.--
              (1) In general.--Section 10(l) of the National Labor 
          Relations Act (29 U.S.C. 160(l)) is amended--
                      (A) in the second sentence, by striking ``If, after 
                  such'' and inserting the following:
      ``(2) If, after such''; and
                      (B) by striking the first sentence and inserting 
                  the following:
      ``(1) Whenever it is charged--
              ``(A) that any employer--
                      ``(i) discharged or otherwise discriminated against 
                  an employee in violation of subsection (a)(3) of 
                  section 8;
                      ``(ii) threatened to discharge or to otherwise 
                  discriminate against an employee in violation of 
                  subsection (a)(1) of section 8; or
                      ``(iii) engaged in any other unfair labor practice 
                  within the meaning of subsection (a)(1) that 
                  significantly interferes with, restrains, or coerces 
                  employees in the exercise of the rights guaranteed in 
                  section 7;
          while employees of that employer were seeking representation by 
          a labor organization or during the period after a labor 
          organization was recognized as a representative defined in 
          section 9(a) until the first collective bargaining contract is 
          entered into between the employer and the representative; or
              ``(B) that any person has engaged in an unfair labor 
          practice within the meaning of subparagraph (A), (B), or (C) of 
          section 8(b)(4), section 8(e), or section 8(b)(7);
  the preliminary investigation of such charge shall be made forthwith 
  and given priority over all other cases except cases of like character 
  in the office where it is filed or to which it is referred.''.
              (2) Conforming amendment.--Section 10(m) of the National 
          Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting 
          ``under circumstances not subject to section 10(l)'' after 
          ``section 8''.
      (b) Remedies for Violations.--
              (1) Backpay.--Section 10(c) of the National Labor Relations 
          Act (29 U.S.C. 160(c)) is amended by striking ``And provided 
          further,'' and inserting ``Provided further, That if the Board 
          finds that an employer has discriminated against an employee in 
          violation of subsection (a)(3) of section 8 while employees of 
          the employer were seeking representation by a labor 
          organization, or during the period after a labor organization 
          was recognized as a representative defined in subsection (a) of 
          section 9 until the first collective bargaining contract was 
          entered into between the employer and the representative, the 
          Board in such order shall award the employee back pay and, in 
          addition, 2 times that amount as liquidated damages: Provided 
          further,''.
              (2) Civil penalties.--Section 12 of the National Labor 
          Relations Act (29 U.S.C. 162) is amended--
                      (A) by striking ``Any'' and inserting ``(a) Any''; 
                  and
                      (B) by adding at the end the following:
      ``(b) Any employer who willfully or repeatedly commits any unfair 
  labor practice within the meaning of subsection (a)(1) or (a)(3) of 
  section 8 while employees of the employer are seeking representation by 
  a labor organization or during the period after a labor organization 
  has been recognized as a representative defined in subsection (a) of 
  section 9 until the first collective bargaining contract is entered 
  into between the employer and the representative shall, in addition to 
  any make-whole remedy ordered, be subject to a civil penalty of not to 
  exceed $20,000 for each violation. In determining the amount of any 
  penalty under this section, the Board shall consider the gravity of the 
  unfair labor practice and the impact of the unfair labor practice on 
  the charging party, on other persons seeking to exercise rights 
  guaranteed by this Act, or on the public interest.''.
target: Employee Free Choice Act of 2016 This bill amends the National Labor Relations Act to require the National Labor Relations Board to certify, without an election, an individual or labor organization to be the exclusive representative of the employees in a unit appropriate for bargaining if a majority of the employees has signed valid authorizations designating the individual or labor organization specified in a properly filed petition as their bargaining representative, and no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit. The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative. Whenever collective bargaining is for the purpose of establishing an initial agreement involving a newly organized or certified employee representative, the requirements for bargaining collectively shall be modified. The parties shall meet to bargain collectively within 10 days after the employer receives a written request. The Federal Mediation and Conciliation Service (FMCS) shall use its best efforts, by mediation and conciliation, to bring the parties to agreement if 90 days lapse without settlement of a dispute. If such efforts fail for 30 days, the FMCS shall refer the dispute to an arbitration panel, whose decision shall bind the parties for two years, unless the parties consent to a different time period.  The preliminary investigation of charges involving employer discrimination or unfair labor practices while employees of that employer were seeking representation by a labor organization shall be made forthwith and given priority over all other cases except cases of like character in the office where the charge is filed or to which it is referred. The Board shall award an employee back pay and, in addition, twice that amount as liquidated damages if it finds that the employer has discriminated against the employee either during the period while the employer's employees were seeking representation by a labor organization, or during the period from the time a labor organization was recognized as a representative until the first collective bargaining contract between the employer and the representative was entered into.  Any employer who willfully or repeatedly commits any unfair labor practice during these periods shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of up to $20,000 for each violation. 
feat_title: Employee Free Choice Act of 2016