II 117TH CONGRESS 1ST SESSION S. 882 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 SENATE OF THE UNITED STATES MARCH 22, 2021 Mr. LEE (for himself, Mrs. BLACKBURN, Mr. BRAUN, and Mr. PAUL) intro- duced the following bill; which was read twice and referred to the Com- mittee 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 au- thority over unfair labor practices. 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 ‘‘Protecting American 4 Jobs Act’’. 5 VerDate Sep 11 2014 22:55 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S882.IS S882 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 882 IS SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA- 1 TIONS ACT. 2 (a) DUTIES OF THE GENERAL COUNSEL AND ADMIN- 3 ISTRATIVE LAW JUDGES.—The National Labor Relations 4 Act (29 U.S.C. 151 et seq.) is amended— 5 (1) in section 3(d) (29 U.S.C. 153(d)), by strik- 6 ing ‘‘investigation of charges and issuance of com- 7 plaints under section 10, and in respect of the pros- 8 ecution of such complaints before the Board’’ and 9 inserting ‘‘investigation of allegations under section 10 10’’; and 11 (2) in section 4(a) (29 U.S.C. 154(a)), by strik- 12 ing the fourth sentence. 13 (b) CLARIFICATION OF THE BOARD’S RULEMAKING 14 AUTHORITY.—Section 6 of such Act (29 U.S.C. 156) is 15 amended by adding at the end the following: ‘‘Such rule- 16 making authority shall be limited to rules concerning the 17 internal functions of the Board. The Board shall not pro- 18 mulgate rules or regulations that affect the substantive 19 or procedural rights of any person, employer, employee, 20 or labor organization, including rules and regulations con- 21 cerning unfair labor practices and representation elec- 22 tions.’’. 23 (c) UNFAIR LABOR PRACTICES.—Section 8(a)(4) of 24 such Act (29 U.S.C. 158(a)(4)) is amended by striking 25 ‘‘charges’’ and inserting ‘‘a civil action’’. 26 VerDate Sep 11 2014 22:55 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S882.IS S882 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 882 IS (d) INVESTIGATORY POWER AND ADJUDICATORY AU- 1 THORITY OVER UNFAIR LABOR PRACTICE ALLEGA- 2 TIONS.—Section 10 of such Act (29 U.S.C. 160) is amend- 3 ed— 4 (1) in subsection (a)— 5 (A) by striking ‘‘prevent any person from 6 engaging in’’ and inserting ‘‘investigate’’; and 7 (B) by striking ‘‘This power shall’’ and all 8 that follows through the end of the subsection; 9 (2) in subsection (b)— 10 (A) by striking ‘‘Whenever it is charged’’ 11 and inserting ‘‘Whenever it is alleged’’; 12 (B) by striking ‘‘or is engaging in’’ and in- 13 serting ‘‘, is engaging in, or is about to engage 14 in’’; 15 (C) by striking ‘‘the Board, or any agent’’ 16 and all that follows through ‘‘Provided, That no 17 complaint shall issue’’ and inserting ‘‘the ag- 18 grieved person may bring a civil action for such 19 relief (including an injunction) as may be ap- 20 propriate. Any such civil action may be brought 21 in the district court of the United States where 22 the violation occurred, or, at the option of the 23 parties, in the United States District Court for 24 VerDate Sep 11 2014 22:55 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S882.IS S882 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 882 IS the District of Columbia. No civil action may be 1 brought’’; 2 (D) by striking ‘‘charge with the Board’’ 3 and all that follows through ‘‘prevented from 4 filing such charge’’ and inserting ‘‘civil action, 5 unless the person aggrieved thereby was pre- 6 vented from filing such civil action’’; and 7 (E) by striking ‘‘Any such complaint may 8 be amended’’ and all that follows through ‘‘Any 9 such proceeding shall, so far as practicable,’’ 10 and inserting ‘‘Any proceeding under this sub- 11 section shall’’; 12 (3) by striking subsections (c) through (k); 13 (4) by redesignating subsections (l) and (m) as 14 subsections (c) and (d), respectively; 15 (5) in subsection (c) (as so redesignated)— 16 (A) by striking ‘‘Whenever it is charged’’ 17 and inserting ‘‘Whenever it is alleged’’; 18 (B) in the first sentence, by striking 19 ‘‘charge’’ and inserting ‘‘allegation’’; and 20 (C) by striking ‘‘such charge is true and 21 that a complaint should issue, he shall’’ and all 22 that follows through the end of the subsection 23 and inserting ‘‘such allegation is true, the offi- 24 cer or regional attorney shall, on behalf of the 25 VerDate Sep 11 2014 22:55 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S882.IS S882 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 882 IS Board, submit a written summary of the find- 1 ings to all parties involved in the alleged unfair 2 labor practice.’’; and 3 (6) in subsection (d) (as so redesignated)— 4 (A) by striking ‘‘Whenever it is charged’’ 5 and inserting ‘‘Whenever it is alleged’’; 6 (B) by striking ‘‘such charge’’ and insert- 7 ing ‘‘such allegation’’; and 8 (C) by striking ‘‘and cases given priority 9 under subsection (i)’’. 10 (e) CONFORMING AMENDMENTS.—The National 11 Labor Relations Act (29 U.S.C. 151 et seq.) is amended— 12 (1) in section 9 (29 U.S.C. 159)— 13 (A) in subsection (c)(2), by striking ‘‘and 14 in no case shall the Board’’ and all that follows 15 through the end of such subsection and insert- 16 ing a period; 17 (B) by striking subsection (d); and 18 (C) by redesignating subsection (e) as sub- 19 section (d); 20 (2) in section 3(b) (29 U.S.C. 153(b)), by strik- 21 ing ‘‘or (e) of section 9’’ and inserting ‘‘or (d) of 22 section 9’’; 23 VerDate Sep 11 2014 22:55 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S882.IS S882 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 882 IS (3) in section 8 (29 U.S.C. 158), by striking 1 ‘‘9(e)’’ each place it appears and inserting ‘‘9(d)’’; 2 and 3 (4) in section 18 (29 U.S.C. 168), by striking 4 ‘‘section 10 (e) or (f)’’ and inserting ‘‘subsection (e) 5 or (f) of section 10, as such subsections were in ef- 6 fect on the day before the date of enactment of the 7 Protecting American Jobs Act,’’. 8 SEC. 3. REGULATIONS. 9 Not later than 6 months after the date of enactment 10 of this Act, the National Labor Relations Board shall re- 11 view all regulations promulgated before such date of enact- 12 ment and revise or rescind any such regulations as nec- 13 essary to implement the amendment made by section 2(b). 14 Æ VerDate Sep 11 2014 22:55 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S882.IS S882 pamtmann on DSKBC07HB2PROD with BILLS