[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2885 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2885
To amend the National Labor Relations Act to modify the authority of
the National Labor Relations Board with respect to rulemaking, issuance
of complaints, and authority over unfair labor practices.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2014
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the National Labor Relations Act to modify the authority of
the National Labor Relations Board with respect to rulemaking, issuance
of complaints, and authority over unfair labor practices.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Jobs Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) in section 3(d), by striking ``and issuance of
complaints under section 10, and in respect of the prosecution
of such complaints before the Board''; and
(2) in section 4(a), by striking the fourth sentence.
(b) Clarification of the Board's Rulemaking Authority.--Section 6
of such Act (29 U.S.C. 156) is amended by adding at the end the
following: ``Such rulemaking authority shall be limited to rules
concerning the internal functions of the Board. The Board shall not
promulgate rules or regulations that affect the substantive or
procedural rights of any person, employer, employee, or labor
organization, including rules and regulations concerning unfair labor
practices and representation elections.''.
(c) Investigatory Power and Adjudicatory Authority Over Unfair
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is
amended--
(1) in subsection (a)--
(A) by striking ``prevent any person from engaging
in'' and inserting ``investigate''; and
(B) by striking ``This power shall'' and all that
follows through the end of the subsection;
(2) in subsection (b)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it appears'';
(B) by striking ``or is engaging in'' and inserting
``, is engaging in, or is about to engage in'';
(C) by striking ``the Board, or any agent'' and all
that follows through ``Provided, That no complaint
shall issue'' and inserting ``the aggrieved person may
bring a civil action for such relief (including an
injunction) as may be appropriate. Any such civil
action may be brought in the district court of the
United States where the violation occurred, or, at the
option of the parties, in the United States District
Court for the District of Columbia. No civil action may
be brought'';
(D) by striking ``charge with the Board'' and all
that follows through ``prevented from filing such
charge'' and inserting ``civil action, unless the
person aggrieved thereby was prevented from filing such
civil action''; and
(E) by striking ``Any such complaint may be
amended'' and all that follows through ``Any such
proceeding shall, so far as practicable,'' and
inserting ``Any proceeding under this subsection
shall'';
(3) by striking subsections (c) through (k);
(4) by redesignating subsections (l) and (m) as subsections
(c) and (d), respectively;
(5) in subsection (c) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) in the first sentence, by striking ``charge''
and inserting ``allegation''; and
(C) by striking ``such charge is true and that a
complaint should issue, he shall'' and all that follows
through the end of the subsection and inserting ``such
allegation is true, the officer or regional attorney
shall, on behalf of the Board, submit a written summary
of the findings to all parties involved in the alleged
unfair labor practice.''; and
(6) in subsection (d) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) by striking ``such charge'' and inserting
``such allegation''; and
(C) by striking ``and cases given priority under
subsection (i)''.
(d) Conforming Amendments.--Such Act is amended--
(1) in section 9 (29 U.S.C. 159)--
(A) in subsection (c)(2), by striking ``and in no
case shall the Board'' and all that follows through the
end of such subsection and inserting a period;
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as subsection
(d);
(2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or
(e) of section 9'' and inserting ``or (d) of section 9'';
(3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each
place it appears and inserting ``9(d)''; and
(4) in section 18 (29 U.S.C. 168), by striking ``section 10
(e) or (f)'' and inserting ``subsection (e) or (f) of section
10, as such subsections were in effect on the day before the
date of enactment of the Protecting American Jobs Act,''.
SEC. 3. REGULATIONS.
Not later than 6 months after the date of the enactment of this
Act, the National Labor Relations Board shall review and revise all
regulations promulgated before such date to implement the amendments
made by this Act.
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