II
116th CONGRESS
1st Session
S. 2709
IN THE SENATE OF THE UNITED STATES
October 24, 2019
Mr. Lee (for himself, Mr. Cotton, Mr. Paul, Mrs. Blackburn, Mr. Cruz, and Mr. Rubio) 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.
Short title
This Act may be cited as the Protecting American Jobs Act
.
Amendments to the National Labor Relations Act
Duties of the General Counsel and Administrative Law Judges
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended—
in section 3(d) (29 U.S.C. 153(d)), by striking investigation of charges and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board
and inserting investigation of allegations under section 10
; and
in section 4(a) (29 U.S.C. 154(a)), by striking the fourth sentence.
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.
.
Investigatory power and adjudicatory authority over unfair labor practice allegations
Section 10 of such Act (29 U.S.C. 160) is amended—
in subsection (a)—
by striking prevent any person from engaging in
and inserting investigate
; and
by striking This power shall
and all that follows through the end of the subsection;
in subsection (b)—
by striking Whenever it is charged
and inserting Whenever it is alleged
;
by striking or is engaging in
and inserting , is engaging in, or is about to engage in
;
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
;
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
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
;
by striking subsections (c) through (k);
by redesignating subsections (l) and (m) as subsections (c) and (d), respectively;
in subsection (c) (as so redesignated)—
by striking Whenever it is charged
and inserting Whenever it is alleged
;
in the first sentence, by striking charge
and inserting allegation
; and
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
in subsection (d) (as so redesignated)—
by striking Whenever it is charged
and inserting Whenever it is alleged
;
by striking such charge
and inserting such allegation
; and
by striking and cases given priority under subsection (i)
.
Conforming amendments
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended—
in section 9 (29 U.S.C. 159)—
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;
by striking subsection (d); and
by redesignating subsection (e) as subsection (d);
in section 3(b) (29 U.S.C. 153(b)), by striking or (e) of section 9
and inserting or (d) of section 9
;
in section 8 (29 U.S.C. 158), by striking 9(e)
each place it appears and inserting 9(d)
; and
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,
.
Regulations
Not later than 6 months after the date of enactment of this Act, the National Labor Relations Board shall review all regulations promulgated before such date of enactment and revise or rescind any such regulations as necessary to implement the amendment made by section 2(b).
