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

113th Congress, 2013–2015. Text as of Mar 13, 2013 (Reported by House Committee).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

IB

Union Calendar No. 18

113th CONGRESS

1st Session

H. R. 1120

[Report No. 113–30]

IN THE HOUSE OF REPRESENTATIVES

March 13, 2013

(for himself, Mr. Kline, Mr. Petri, Mr. Wilson of South Carolina, Ms. Foxx, Mr. Price of Georgia, Mr. Thompson of Pennsylvania, Mr. Salmon, Mr. Guthrie, Mr. DesJarlais, Mr. Rokita, Mr. Bucshon, and Mr. Gowdy) introduced the following bill; which was referred to the Committee on Education and the Workforce

April 9, 2013

Additional sponsors: Mr. Marchant, Mr. Kelly, Mr. Walberg, Mr. Cassidy, Mrs. Roby, Mr. Griffin of Arkansas, Mr. Westmoreland, Mr. Hudson, Mr. Gingrey of Georgia, Mr. Meadows, Mr. Kingston, Mr. Messer, and Mr. Scalise

April 9, 2013

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic


A BILL

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 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 paragraphs (1) or (3) of section 3, no 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.

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 paragraphs (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.

April 9, 2013

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed