[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2926 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2926
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2011
Mr. Gowdy (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.
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 ``National Labor Relations
Reorganization Act of 2011''.
SEC. 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.).
SEC. 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repealed.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.
SEC. 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''.
SEC. 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''.
SEC. 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.
SEC. 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''.
SEC. 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''.
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