[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 478 Placed on Calendar Senate (PCS)]
Calendar No. 24
111th CONGRESS
1st Session
S. 478
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 SENATE OF THE UNITED STATES
February 25, 2009
Mr. DeMint (for himself, Mr. Alexander, Mr. Burr, Mr. Cornyn, Mr. Enzi,
Mr. Inhofe, Mr. Roberts, Mr. Wicker, Mr. Vitter, Mr. Coburn, Mr.
Corker, Mr. McConnell, Mr. Bunning, Mr. Thune, Mr. McCain, Mr.
Barrasso, Mr. Brownback, Mr. Kyl, and Mr. Shelby) introduced the
following bill; which was read the first time
February 26, 2009
Read the second time and placed on the calendar
_______________________________________________________________________
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
2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right of employees under the National Labor
Relations Act (29 U.S.C. 151 et seq.) 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.
(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 paragraph (1) shall
not apply to collective bargaining relationships in which a
labor organization with majority support was lawfully
recognized prior to the date of 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)) is amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end 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 prior to the date of 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 striking ``Representatives'' and inserting ``(1)
Representatives'';
(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 under paragraph (1)
shall not apply to collective bargaining relationships that were
recognized before the date of the enactment of the Secret Ballot
Protection Act of 2009.''.
SEC. 4. REGULATIONS AND AUTHORITY.
(a) 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 prior to such date of enactment
to implement the amendments made by this Act.
(b) Authority.--Nothing in this Act (or the amendments made by this
Act) shall be construed to limit or otherwise diminish the remedial
authority of the National Labor Relations Board.
Calendar No. 24
111th CONGRESS
1st Session
S. 478
_______________________________________________________________________
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.
_______________________________________________________________________
February 26, 2009
Read the second time and placed on the calendar