H.R.1355

To amend the National Labor Relations Act to require employers to provide labor organizations with equal access to employees prior to an election regarding representation, to prevent delays in initial collective bargaining, and to strengthen enforcement against intimidation of employees by employers.

3/5/2009--Introduced.

National Labor Relations Modernization Act - Amends the National Labor Relations Act to set forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition of an individual or labor organization as the elected exclusive collective bargaining representative of a unit of 20 or more employees.

Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief.

Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative, but before the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bargaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.

Adds to remedies for such violations: (1) back pay plus double liquidated damages; and (2) additional civil penalties.

Requires an employer, within 30 days after the National Labor Relations Board orders an election, to: (1) notify the designated representative of activities the employer intends to engage in to oppose recognition; and (2) provide such representative with equal access to the place of employment to campaign in favor of such recognition. Makes it an ULP for an employer to fail to provide such representative with such notice and equal access.

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