Core Provisions: This Act would allow a union to secure certification as a bargaining representation by presenting the Board with authorization cards from a majority of employees in a proposed bargaining unit. In addition, the Act provides new procedures to ensure employers and unions reach an initial agreement. In particular, bargaining must begin within ten days of a written request by the union and, if the parties are unable to reach an initial collective bargaining agreement within 90 days, then either party can request mediation. If the mediation is unsuccessful after 30 days, the dispute will be resolved through arbitration, which will have a binding effect for two years. Finally, the Act strengthens enforcement requirements and remedies with respect to unfair labor practices during union organizing drives. For example, the Act imposes liquidated damages in the amount of twice the back pay awarded and civil penalties of $20,000 for each time an employer willfully or repeatedly violates the employees’ right to organize.

Status: Rep. Miller (D-CA) introduced H.R.800 on February 5, 2007. The bill passed in the House of Representatives by a roll call vote on March 1, 2007. On March 29, 2007, S.1041 was introduced in the Senate by Sen. Kennedy (D-MA) and it was referred to the Committee on Health, Education, Labor and Pensions. On June 26, 2007, a Senate cloture vote to proceed on H.R.800 failed after supporters only were able to muster 51 votes in favor of cloture.  On February 28, 2007, the White House announced that President Bush would veto H.R.800 if presented to him.