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One to Keep An Eye On: Employee Rights Act


As with many employment and labor law related bills (and cases) being litigated around the country, there are always a few that stand out.

This is one to keep an eye on.


Currently, the Employee Rights Act is working its way through the U.S. Congress.  This bill, H.R. 2723, would amend the National Labor Relations Act ("NLRA") and make it an unlawful labor practice for a labor organization to interfere with the rights of employees to organize and collectively bargain, require union recertification after a a turnover in the workforce (exceeding 50% of the bargaining unit), require the National Labor Relations Board ("NLRB") to give 14 days advance notice before a hearing to investigate an election petition, and also require an employer to provide the NLRB with a list comprised only of employee names and addresses of all eligible voters within 7 days after an NLRB determination of the appropriate bargaining unit or an agreement on eligible voters.

Notably, the bill would also prohibit the use of union dues for any purpose not directly related to collective bargaining.  

Recently, the Center for Union Facts (an anti-labor group) launched an ad buy urging Congress to pass the Employee Rights Act in order to prevent union dues from being used to "fund a left-wing political agenda".  I question whether this ad buy will tip the scales either way...but it is notable in so much that there is starting to be an increase in attention to the bill.

Stay tuned.



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