; (2) by inserting , in a State or Territory that is not a covered State, before any individual ; and (3) by inserting and, in a covered State, an individual employee shall engage in independent negotiating with their employer if such employee has ceased to be a member of a labor organization or pay an exclusive representative after in effect . (c) Independent negotiating and covered State defined Section 2 of such Act ( 29 U.S.C. 152 ) is amended by adding at the end the following: (15) The term independent negotiating means, in a unit located in a covered State with an exclusive representative for the purposes of collective bargaining, negotiating between an employer and an individual employee as though such employee were not in such a unit and without regard to the existence of a collective-bargaining contract or agreement. (16) The term covered State means a State or Territory which prohibits the execution or application of agreements requiring membership in, or payment to, a labor organization as a condition of employment. .