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One to Keep An Eye On: H.R. 2474 (U.S. House of Representatives)


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


On May 2nd, H.R. 2474 was introduced in the U.S. House of Representatives by Democratic Representative Bobby Scott.  This legislation provides that if an employer is found to have interfered with a union election, workers can vote by turning in union authorization cards.  If a majority of those in the proposed bargaining unit signed the cards, the employer would then be required to bargain with the union.

For those unfamiliar with card checks, the National Labor Relations Act originally allowed workers to unionize via a card check.  However, the 1947 Taft-Hartley amendments ended unionization by card check, except for when management agreed not to oppose the union.  If that exception did not exist, unionization could only occur through a secret ballot election overseen by the National Labor Relations Board.

There have been efforts in recent years to bring back card check elections, with a 2007 card check bill clearing the House of Representatives but eventually stalling out in the Senate with a 51 - 48 vote against card checks.  While no serious effort has been made in recent years to advance similar legislation, with Democrats winning back control of the House, it appears this legislation has not been entirely abandoned.


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