I 112th CONGRESS 1st Session H. R. 1047 IN THE HOUSE OF REPRESENTATIVES March 11, 2011 Mr. Duncan of South Carolina (for himself, Mr. Chaffetz, Mr. Bishop of Utah, Mrs. Noem, Mr. Scott of South Carolina, Mr. Wilson of South Carolina, Mr. Gowdy, Mr. Mulvaney, Mr. Gosar, Mr. Ross of Florida, Mr. Kingston, Mr. Stutzman, Mr. Neugebauer, Mr. Yoder, Mr. Lamborn, Mr. Burton of Indiana, Mr. Gohmert, Mr. Flores, Mr. Gingrey of Georgia, Ms. Foxx, Mr. Sessions, Mr. Huelskamp, Mr. Westmoreland, Mr. McHenry, Mr. King of Iowa, Mr. Pitts, Mr. Rokita, and Mr. Herger) 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 protect State requirements for a secret ballot election of labor organizations.

1.

Short title

This Act may be cited as the State Right to Vote Act.

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; (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 Board to ensure the protection of workers; (4)the States under section 14(b) of the Act have the option to prohibit agreements requiring membership in a labor organization as a condition of employment; and (5)in order to further the rights of employees to be free in their choice of representation by a labor organization, the States should have the option to prohibit labor organization representation of employees unless the labor organization is selected via a secret ballot election conducted by the Board.

3.

Protection of State Right to Require Secret Ballot Elections

(a)

Representation of employees without secret ballot election in violation of State law

Section 14 of the National Labor Relations Act (29 U.S.C. 164) is amended by adding at the end the following: (d)(1)Nothing in this Act shall be construed as authorizing or recognizing a labor organization as the representative of employees unless the labor organization has been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in any State or Territory in which such labor organization recognition is prohibited by State or Territorial law unless recognition is accomplished through a secret ballot election conducted by the Board. (2)No agency of the Federal Government may bring any challenge against a State statute or constitutional provision which protects the right of employees to choose labor organization representatives through secret ballot elections. . (b)

Regulations

Not later than 6 months after the date of the enactment of this Act the National Labor Relations Board shall review and revise as necessary any regulations promulgated before such date to implement the amendments made by this Act to the National Labor Relations Act.