H.R. 1120: Preventing Greater Uncertainty in Labor-Management Relations Act

113th Congress, 2013–2015. Text as of Apr 15, 2013 (Referred to Senate Committee).

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IIB

113th CONGRESS

1st Session

H. R. 1120

IN THE SENATE OF THE UNITED STATES

April 15, 2013

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT

To prohibit the National Labor Relations Board from taking any action that requires a quorum of the members of the Board until such time as Board constituting a quorum shall have been confirmed by the Senate, the Supreme Court issues a decision on the constitutionality of the appointments to the Board made in January 2012, or the adjournment sine die of the first session of the 113th Congress.

1.

Short title

This Act may be cited as the Preventing Greater Uncertainty in Labor-Management Relations Act.

2.

Activities by the National Labor Relations Board prohibited

Effective on the date of enactment of this Act, the National Labor Relations Board shall cease all activity that requires a quorum of the members of the Board, as set forth in the National Labor Relations Act (29 U.S.C. 151 et seq.). The Board shall not appoint any personnel nor implement, administer, or enforce any decision, rule, vote, or other action decided, undertaken, adopted, issued, or finalized on or after January 4, 2012, that requires a quorum of the members of the Board, as set forth in such Act.

3.

Termination

The provisions of this Act shall terminate on the date on which—

(1)

all members of the National Labor Relations Board are confirmed with the advice and consent of the Senate, in accordance with clause 2 of section 2 of article II of the Constitution, in a number sufficient to constitute a quorum, as set forth in the National Labor Relations Act (29 U.S.C. 151 et seq.);

(2)

the Supreme Court issues a decision on the constitutionality of the appointments to the Board made in January 2012; or

(3)

the adjournment sine die of the first session of the 113th Congress.

4.

Effect of certain board actions

In the event that this Act terminates pursuant to paragraph (1) or (3) of section 3, no appointment, decision, rule, vote, or other action decided, undertaken, adopted, issued, or finalized by the Board on or after January 4, 2012, that requires authorization by not less than a quorum of the members of the Board, as set forth in the National Labor Relations Act, may be implemented, administered, or enforced unless and until it is considered and acted upon by a Board constituting a quorum, as set forth in the National Labor Relations Act, or the Supreme Court issues a decision on the constitutionality of the appointments to the Board made in January 2012.

Passed the House of Representatives April 12, 2013.

Karen L. Haas,

Clerk