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Shown Here: Introduced in House (02/25/2009)
111th CONGRESS 1st Session
H. R. 1176
To amend the National Labor Relations Act to ensure the
right of employees to a secret-ballot election conducted by the National Labor
Relations Board.
IN THE HOUSE OF REPRESENTATIVES
February 25, 2009
Mr. Kline of
Minnesota (for himself, Mr. Price of
Georgia, Mr. McKeon,
Mr. Linder,
Mr. Brown of South Carolina,
Mr. Bonner,
Mr. Gohmert,
Mr. Westmoreland,
Mr. Sessions,
Ms. Fallin,
Mr. Herger,
Mr. Shadegg,
Mr. Brady of Texas,
Mr. Alexander,
Mr. Burton of Indiana,
Mr. Issa, Mr. Lamborn, Mr.
Wilson of South Carolina, Mr. King of
Iowa, Mr. Bishop of Utah,
Mr. Jordan of Ohio,
Mrs. Myrick,
Mr. Fleming,
Mrs. Blackburn,
Mr. Conaway,
Mr. McHenry,
Mr. Cole, Mr. Goodlatte, Mrs.
Bachmann, Mr. Wamp,
Mr. Bachus,
Mr. Neugebauer,
Mr. Rooney,
Mr. Hunter,
Mr. Franks of Arizona,
Mr. Marchant,
Mr. Lee of New York,
Mr. Pitts,
Mr. Bartlett,
Mr. McCaul,
Mr. Boehner,
Mr. Gingrey of Georgia,
Mr. Pence,
Mr. Broun of Georgia,
Mr. Chaffetz,
Mr. Harper,
Mr. Kingston,
Mr. Crenshaw,
Mr. Coble,
Mr. Heller,
Mr. Barrett of South Carolina,
Mr. Miller of Florida,
Mr. Sam Johnson of Texas,
Mr. Smith of Texas,
Mr. Simpson,
Mr. Souder,
Mr. Smith of Nebraska,
Mrs. Schmidt,
Mr. Akin, Mr. Sullivan, Mr.
Hensarling, Mr. Culberson,
Mr. Boustany,
Mr. Putnam,
Mr. Manzullo,
Mr. Flake,
Mr. Mack, Mr. McClintock, Mrs.
Lummis, Ms. Foxx,
Mr. Scalise,
Mr. Olson,
Mr. Barton of Texas,
Mr. Coffman of Colorado,
Mr. Inglis,
Mr. Forbes,
Mr. Gary G. Miller of California,
Mr. Cassidy,
Mr. Boozman,
Mrs. McMorris Rodgers,
Mr. Schock,
Mr. Campbell,
Mr. Calvert,
Mr. Latta,
Ms. Jenkins,
Mr. Stearns,
Mr. Roe of Tennessee,
Mr. Daniel E. Lungren of California,
Mr. Thompson of Pennsylvania,
Mr. Carter,
Mr. Paulsen,
Mr. Posey,
Mr. Deal of Georgia,
Mr. Buyer,
Mr. Thornberry,
Mr. Lucas,
Mr. Tiberi,
Mr. Shuster,
Mr. Tiahrt,
Mr. Upton,
Mr. Latham,
Mr. Jones,
Mr. Bilbray, and
Mr. Garrett of New Jersey) introduced
the following bill; which was referred to the
Committee on Education and
Labor
A BILL
To amend the National Labor Relations Act to ensure the
right of employees to a secret-ballot election conducted by the National Labor
Relations Board.
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
“Secret Ballot Protection
Act”.
SEC. 2. Findings.
Congress finds that—
(1) the right of
employees under the National Labor Relations Act to choose whether to be
represented by a labor organization by way of secret ballot election conducted
by the National Labor Relations Board is among the most important protections
afforded under Federal labor law;
(2) the right of
employees to choose by secret ballot is the only method that ensures a choice
free of coercion, intimidation, irregularity, or illegality; and
(3) the recognition of
a labor organization by using a private agreement, rather than a secret ballot
election overseen by the National Labor Relations Board, threatens the freedom
of employees to choose whether to be represented by a labor organization, and
severely limits the ability of the National Labor Relations Board to ensure the
protection of workers.
SEC. 3. National Labor
Relations Act.
(a) Recognition of
representative.—
(1) IN
GENERAL.—Section 8(a)(2) of the National Labor Relations Act (29
U.S.C. 158(a)(2)) is amended by inserting before the colon the following:
“or to recognize or bargain collectively with a labor organization that
has not been selected by a majority of such employees in a secret ballot
election conducted by the National Labor Relations Board in accordance with
section 9”.
(2) APPLICATION.—The
amendment made by subsection (a) shall not apply to collective bargaining
relationships in which a labor organization with majority support was lawfully
recognized before the date of the enactment of this Act.
(b) Election
required.—
(1) IN
GENERAL.—Section 8(b) of the National Labor Relations Act (29
U.S.C. 158(b)), as amended by subsection (c) of this section, is
amended—
(A) by striking
“and” at the end of paragraph (6);
(B) by striking the
period at the end of paragraph (7) and inserting “; and”;
and
(C) by adding at the
end the following:
“(8) to cause or
attempt to cause an employer to recognize or bargain collectively with a
representative of a labor organization that has not been selected by a majority
of such employees in a secret ballot election conducted by the National Labor
Relations Board in accordance with section
9.”.
(2) APPLICATION.—The
amendment made by paragraph (1) shall not apply to collective bargaining
relationships that were recognized before the date of the enactment of this
Act.
(c) Secret ballot
election.—Section 9(a) of the National Labor Relations Act (29
U.S.C. 159(a)), is amended—
(1) by inserting
“(1)” after “(a)”;
(2) by inserting after
“designated or selected” the following: “by a secret ballot
election conducted by the National Labor Relations Board in accordance with
this section”; and
(3) by adding at the
end the following:
“(2) The secret ballot
election requirement of paragraph (1) shall not apply to collective bargaining
relationships that were recognized before the date of the enactment of this
Act.”.
SEC. 4. Regulations.
Not later than 6 months after the date of
the enactment of this Act the National Labor Relations Board shall review and
revise all regulations promulgated before such date to implement the amendments
made in this Act to the National Labor Relations Act.