[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 874 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 874

   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 17, 2005

 Mr. Norwood (for himself, Mr. Boehner, Mr. Sam Johnson of Texas, Mr. 
   McKeon, Mr. Souder, Mrs. Biggert, Mr. Keller, Mr. Wilson of South 
Carolina, Mr. Kline, Mrs. Musgrave, Mr. Inglis of South Carolina, Mrs. 
Drake, Mr. Kingston, Mr. Linder, Mr. Deal of Georgia, Mr. King of Iowa, 
   Mr. Hayworth, Mr. Wicker, Mr. Brady of Texas, Mr. Culberson, Mr. 
Garrett of New Jersey, Mr. Burton of Indiana, Mr. Sullivan, Mr. Otter, 
 Mr. Pence, Mrs. Blackburn, Mr. Gallegly, Mr. Gillmor, Mr. Bartlett of 
Maryland, Mr. Akin, Mr. Pitts, Mr. Hayes, Mr. Doolittle, Mr. Sessions, 
 Mr. Gary G. Miller of California, Mr. Chabot, Mr. Coble, Mr. Brown of 
 South Carolina, Mr. Flake, Mr. Franks of Arizona, Mr. Jones of North 
 Carolina, and Mr. Manzullo) 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 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 of 
2005''.

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.
                                 <all>