National Right-to-Work Act

II 117TH CONGRESS 1ST SESSION S. 406 To preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities. IN THE SENATE OF THE UNITED STATES FEBRUARY 24, 2021 Mr. PAUL (for himself, Mr. SCOTT of South Carolina, Ms. ERNST, Mr. MAR- SHALL, Mr. GRASSLEY, Mr. BARRASSO, Mr. CORNYN, Mr. BOOZMAN, Mr. SCOTT of Florida, Mr. CRAMER, Mr. WICKER, Mr. BRAUN, Mr. BURR, Mr. CRUZ, Mr. INHOFE, and Ms. LUMMIS) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To preserve and protect the free choice of individual employ- ees to form, join, or assist labor organizations, or to refrain from such activities. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Right-to- 4 Work Act’’. 5 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S406.IS S406 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 406 IS SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA- 1 TIONS ACT. 2 (a) RIGHTS OF EMPLOYEES.—Section 7 of the Na- 3 tional Labor Relations Act (29 U.S.C. 157) is amended 4 by striking ‘‘except to’’ and all that follows through ‘‘au- 5 thorized in section 8(a)(3)’’. 6 (b) UNFAIR LABOR PRACTICES.—Section 8 of the 7 National Labor Relations Act (29 U.S.C. 158) is amend- 8 ed— 9 (1) in subsection (a)(3), by striking ‘‘: Provided, 10 That’’ and all that follows through ‘‘retaining mem- 11 bership’’; 12 (2) in subsection (b)— 13 (A) in paragraph (2), by striking ‘‘or to 14 discriminate’’ and all that follows through ‘‘re- 15 taining membership’’; and 16 (B) in paragraph (5), by striking ‘‘covered 17 by an agreement authorized under subsection 18 (a)(3)’’; and 19 (3) in subsection (f)— 20 (A) by striking clause (2) and redesig- 21 nating clauses (3) and (4) as clauses (2) and 22 (3), respectively; and 23 (B) by striking ‘‘Provided, That nothing in 24 this subsection shall set aside the final proviso 25 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S406.IS S406 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 406 IS to section 8(a)(3) of this Act: Provided further,’’ 1 and inserting ‘‘Provided,’’. 2 (c) ADDITIONAL CONFORMING AMENDMENTS.— 3 (1) NATIONAL LABOR RELATIONS ACT.—The 4 National Labor Relations Act (29 U.S.C. 151 et 5 seq.) is amended— 6 (A) in section 9 (29 U.S.C. 159), by strik- 7 ing subsection (e); 8 (B) in section 3(b) (29 U.S.C. 153(b)), by 9 striking ‘‘or (e)’’; and 10 (C) in section 8(f) (29 U.S.C. 158(f)), as 11 amended by subsection (b)(3), by striking ‘‘or 12 9(e)’’. 13 (2) OTHER LAWS.—Section 453A(a)(2)(B)(ii) 14 of the Social Security Act (42 U.S.C. 15 653a(a)(2)(B)(ii)) is amended by striking ‘‘section 16 8(f)(3)’’ and inserting ‘‘section 8(f)(2)’’. 17 SEC. 3. AMENDMENT TO THE RAILWAY LABOR ACT. 18 Section 2 of the Railway Labor Act (45 U.S.C. 152) 19 is amended— 20 (1) by striking the Eleventh paragraph under 21 the heading for general duties; and 22 (2) by redesignating the Twelfth paragraph 23 under the heading for general duties as the Eleventh 24 paragraph. 25 VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S406.IS S406 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 406 IS SEC. 4. EFFECTIVE DATE. 1 This Act, and the amendments made by this Act, 2 shall apply to any agreement entered into or renewed after 3 the date of enactment of this Act. 4 Æ VerDate Sep 11 2014 23:00 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S406.IS S406 pamtmann on DSKBC07HB2PROD with BILLS