Protecting American Jobs Act - Amends the National Labor Relations Act to repeal the authority of the General Counsel of the National Labor Relations Board (NLRB) to issue, and prosecute before the Board, complaints with respect to unfair labor practices.
Repeals the prohibition against: (1) review of an administrative law judge's report by any person other than a Board member or legal assistant; and (2) advice to or consultation with the Board by an administrative law judge with respect to exceptions taken to his or her findings, rulings, or recommendations.
Limits the Board's rulemaking authority to rules concerning the internal functions of the Board. Prohibits the Board from promulgating rules that affect the substantive rights of a person, employer, employee, or labor organization.
Revises Board powers to grant it the authority to investigate unfair labor practices, but repeals its power to prevent any person from engaging in them.
Repeals the Board's power to issue a complaint against a person charging an unfair labor practice. Allows an aggrieved party to bring a civil action for relief (including injunctions) in U.S. district court or the U.S. District Court for the District of Columbia in cases where it appears that a person has engaged, is engaging, or is about to engage in an unfair labor practice.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2978 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2978
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2011
Mr. Austin Scott of Georgia (for himself, Mr. Westmoreland, Mrs.
Blackburn, Mr. Nunnelee, Mr. Wilson of South Carolina, Mr. Mulvaney,
Mr. Long, Mr. Ross of Florida, Mr. Broun of Georgia, Mr. Fleischmann,
Mrs. Ellmers, Mr. Canseco, Mr. Landry, Mr. Duncan of South Carolina,
Mr. Flores, Mr. Fleming, Mr. Franks of Arizona, Mr. Farenthold, Mr.
Crawford, Mrs. Black, Mr. Gingrey of Georgia, Mr. Brooks, Mrs. Roby,
Mr. Pitts, Mr. Kingston, Mr. Paul, and Mr. Ribble) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
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.
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 ``Protecting American Jobs Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) in section 3(d), by striking ``and issuance of
complaints under section 10, and in respect of the prosecution
of such complaints before the Board''; and
(2) in section 4(a), by striking the fourth sentence.
(b) 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 and the Board is
prohibited from promulgating rules that affect the substantive rights
of any person, employer, employee, or labor organization.''.
(c) Investigatory Power and Adjudicatory Authority Over Unfair
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 60) is
amended--
(1) in subsection (a)--
(A) by striking ``prevent any person from engaging
in'' and inserting ``investigate''; and
(B) by striking ``This power shall'' and all that
follows through the end of the subsection;
(2) in subsection (b)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it appears'';
(B) by striking ``or is engaging in'' and inserting
``, is engaging in, or is about to engage in'';
(C) by striking ``the Board, or any agent'' and all
that follows through ``Provided, That no complaint
shall be issued'' and inserting ``the aggrieved party
may bring a civil action for such relief (including
injunctions) as may be appropriate. Any such 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'';
(D) by striking ``charge with the Board and the
service of a copy thereof upon the person against whom
such charge is made'' and insert ``civil action''; and
(E) by striking ``Any such complaint may be
amendment'' and all that follows through ``Any such
proceeding shall, so far as practicable,'' and insert
``Any such proceeding shall'';
(3) by striking subsections (c) through (k) and
redesignating subsection (l) as subsection (c); and
(4) in subsection (c) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) in the first sentence, by striking ``charge''
both places it appears and inserting ``allegation'';
and
(C) by striking ``and that a complaint should
issue, he shall'' and all that follows through the end
of the subsection and inserting ``, 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.''.
SEC. 3. 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 by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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