S3128-119

1. Short title This Act may be cited as the Worker Privacy Act.

2. Protecting worker privacy Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following: Whenever the Board directs an election under this subsection or approves an election agreement, the employer of employees in the bargaining unit shall, not later than two business days after the Board directs such election or approves such election agreement, provide a voter list to each labor organization that has petitioned to represent such employees, which shall include the names of all employees in the bargaining unit and not more than one additional form of personal contact information for the employee (such as a telephone number, an email address, or a mailing address) chosen by the employee in writing. The voter list shall be provided in a searchable electronic format generally approved by the Board unless the employer certifies that the employer does not possess the capacity to produce the list in the required form. Not later than nine months after the date of enactment of the Worker Privacy Act, the Board shall promulgate regulations implementing the requirements of this paragraph. Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended— in paragraph (5), by striking the period and inserting ; and; and by adding at the end the following: to violate any requirement under section 9(c)(6). Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended— in paragraph (6), by striking ; and and inserting a semicolon; in paragraph (7), in the flush text after subparagraph (C), by striking the period and inserting ; and; and by adding at the end the following: to fail to protect the personal information of an employee provided by an employer under section 9(c)(6) (such as by selling the information to a third-party or using the information for political activism), to use the information received under such section for any reason other than a representation proceeding, or to use such information after the conclusion of a representation proceeding, except that nothing in this paragraph shall preclude a labor organization from collecting or using personal information of an employee that is voluntarily provided to the labor organization by the employee. (6) Whenever the Board directs an election under this subsection or approves an election agreement, the employer of employees in the bargaining unit shall, not later than two business days after the Board directs such election or approves such election agreement, provide a voter list to each labor organization that has petitioned to represent such employees, which shall include the names of all employees in the bargaining unit and not more than one additional form of personal contact information for the employee (such as a telephone number, an email address, or a mailing address) chosen by the employee in writing. The voter list shall be provided in a searchable electronic format generally approved by the Board unless the employer certifies that the employer does not possess the capacity to produce the list in the required form. Not later than nine months after the date of enactment of the Worker Privacy Act, the Board shall promulgate regulations implementing the requirements of this paragraph. . (6) to violate any requirement under section 9(c)(6). . (8) to fail to protect the personal information of an employee provided by an employer under section 9(c)(6) (such as by selling the information to a third-party or using the information for political activism), to use the information received under such section for any reason other than a representation proceeding, or to use such information after the conclusion of a representation proceeding, except that nothing in this paragraph shall preclude a labor organization from collecting or using personal information of an employee that is voluntarily provided to the labor organization by the employee. .