H.R. 2926 (112th): National Labor Relations Reorganization Act of 2011

112th Congress, 2011–2013. Text as of Sep 14, 2011 (Introduced).

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I

112th CONGRESS

1st Session

H. R. 2926

IN THE HOUSE OF REPRESENTATIVES

September 14, 2011

(for himself and Mr. Mulvaney) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To abolish the National Labor Relations Board and to transfer its enforcement authority to the Department of Justice and its oversight of elections to the Office of Labor-Management Standards of the Department of Labor.

1.

Short title

This Act may be cited as the National Labor Relations Reorganization Act of 2011.

2.

References

Whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the National Labor Relations Act (29 U.S.C. 151 et seq.).

3.

Abolishment of the National Labor Relations Board

(a)

Abolishment of Board

Effective on the date provided in subsection (c), the National Labor Relations Board is abolished.

(b)

Repeal of authority

Sections 3, 4, and 5 of the Act are repealed.

(c)

Effective date

This section shall take effect on the date that is 30 days after the date of enactment of this Act.

4.

Transfer of authority for representative elections to Office of Labor-Management Standards

(a)

Transfer of authority

The functions and responsibilities of the National Labor Relations Board for overseeing elections under section 9 of the National Labor Relations Act, and any related authorities and functions under that Act, are hereby transferred to the Secretary of Labor, to be carried out through the Office of Labor-Management Standards.

(b)

Amendments to the NLRA

(1)

Definition

Paragraph (10) of section 2 (29 U.S.C. 152) is amended to read as follows:

(10)

The term Secretary means the Secretary of Labor, acting through the office of Labor-Management Standards of the Department of Labor.

.

(2)

Authority for supervising elections

Section 9 (29 U.S.C. 159) is amended by striking Board each place it appears and inserting Secretary.

(3)

Rules and regulations

(A)

Authority

Section 6 (29 U.S.C. 156) is amended by striking Board and inserting Secretary.

(B)

Preservation of existing regulations

Rules and regulations issued under the National Labor Relations Act prior to and in effect on the day before the date of enactment of this Act shall continue in effect and shall be considered to be rules and regulations issued by the Secretary of Labor, acting through the office of Labor-Management Standards of the Department of Labor, under section 6 of such Act, as amended by paragraph (1).

(4)

Conforming amendments

Section 8 (29 U.S.C. 158) is amended by striking Board each place it appears and inserting Secretary.

5.

Transfer of enforcement authority to the Department of Justice

(a)

Transfer of authority

The functions and responsibilities of the National Labor Relations Board for the prevention of unfair labor practices under section 10 of the National Labor Relations Act, and any related authorities and functions under that Act, are hereby transferred to the Bureau of Labor Relations Enforcement of the Department of Justice, established under subsection (b).

(b)

Establishment of enforcement bureau

(1)

Establishment and purpose

There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Labor Relations Enforcement, to carry out the enforcement duties and functions that were, prior to the date of enactment of this Act, carried out by the National Labor Relations Board under section 10 of the National Labor Relations Act.

(2)

Director

The Bureau shall be headed by a Director appointed by the Attorney General. The Director shall have had experience in labor-management relations and shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement.

(c)

Amendments to the NLRA

(1)

Definition

Section 2 (29 U.S.C. 152) is further amended by adding at the end the following:

(15)

The term Bureau means the Bureau of Labor Management Enforcement of the Department of Justice.

.

(2)

Authority for the prevention of unfair labor practices

Section 10 (29 U.S.C. 160) is amended—

(A)

in subsections (a), (d), (f), (g), (h), (j), (k) and (l), by striking Board each place it appears and inserting Bureau;

(B)

in subsection (b)—

(i)

in the first sentence—

(I)

by striking Board each place it appears and inserting Bureau; and

(II)

by striking or a member thereof;

(ii)

in the second sentence—

(I)

by striking member, agent, or agency and inserting agent or agency; and

(II)

by striking Board and inserting Bureau;

(iii)

in the fourth sentence—

(I)

by striking member, agent, or agency and inserting agent or agency; and

(II)

by striking Board and inserting Bureau; and

(iv)

in the last sentence, by striking the Act of June 19, 1934 and all that follows and inserting section 2072 of title 29, United States Code.;

(C)

in subsection (c)—

(i)

by striking member, agent, or agency and inserting agent or agency;

(ii)

by striking Board each place it appears and inserting Bureau; and

(iii)

by striking the last sentence; and

(D)

in subsection (e)—

(i)

by striking Board each place it appears and inserting Bureau; and

(ii)

by striking member, agent, or agency each place it appears and inserting agent or agency.

6.

Application of title 5 provision with respect to employees

Section 3503 of title 5, United States Code, shall apply with respect to employees affected by the transfers of functions under sections 4 and 5.

7.

Investigatory powers under the NLRA

Section 11 (29 U.S.C. 161) is amended—

(1)

in the matter preceding paragraph (1)—

(A)

by striking Board and inserting Secretary or the Bureau, as the case may be,; and

(B)

by striking it and inserting the Secretary or the Bureau, respectively,;

(2)

in paragraph (1)—

(A)

in the first sentence, by striking The Board, or its and inserting The Secretary and the Bureau, or their;

(B)

in the second sentence, by striking Board, or any member thereof and inserting Secretary or the Bureau, as the case may be;

(C)

in the third sentence—

(i)

by striking Board the first place it appears and inserting Secretary or the Bureau; and

(ii)

by striking Board the second place it appears and inserting Secretary or the Bureau, as the case may be,; and

(D)

in the fourth sentence—

(i)

by striking Any member of the Board and inserting The Secretary and the Bureau; and

(ii)

by striking Board and inserting Secretary or the Bureau;

(3)

in paragraph (2)—

(A)

by striking Board each place it appears and inserting Secretary or the Bureau; and

(B)

by striking member, agent, or agency both places it appears and inserting agent or agency;

(4)

in paragraph (4), by striking Board, its member, agent, or agency both place it appears and inserting Secretary or the Bureau, its agent or agency; and

(5)

in paragraph (6)—

(A)

by striking Board, upon its both places it appears and inserting Secretary or the Bureau; and

(B)

by striking its.

8.

Additional Conforming amendments

The Act is further amended—

(1)

in section 12, by striking Board or any of its and inserting Secretary or the Bureau or any of their;

(2)

in section in section 14(c)—

(A)

by striking Board, in its discretion and inserting Secretary or the Bureau, as the case may be, in their discretion; and

(B)

by striking Board the second, third, and fourth places it appears and inserting Secretary or the Bureau; and

(3)

in section 18, by striking National Labor Relations Board and inserting Secretary.