[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2926 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2926

   To abolish the National Labor Relations Board and to transfer its 
enforcement authority to the Department of Justice and its oversight of 
elections to the Office of Labor-Management Standards of the Department 
                               of Labor.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2011

Mr. Gowdy (for himself and Mr. Mulvaney) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
   To abolish the National Labor Relations Board and to transfer its 
enforcement authority to the Department of Justice and its oversight of 
elections to the Office of Labor-Management Standards of the Department 
                               of Labor.

    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 ``National Labor Relations 
Reorganization Act of 2011''.

SEC. 2. REFERENCES.

    Whenever in this Act an amendment is expressed as an amendment to a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the National Labor Relations 
Act (29 U.S.C. 151 et seq.).

SEC. 3. ABOLISHMENT OF THE NATIONAL LABOR RELATIONS BOARD.

    (a) Abolishment of Board.--Effective on the date provided in 
subsection (c), the National Labor Relations Board is abolished.
    (b) Repeal of Authority.--Sections 3, 4, and 5 of the Act are 
repealed.
    (c) Effective Date.--This section shall take effect on the date 
that is 30 days after the date of enactment of this Act.

SEC. 4. TRANSFER OF AUTHORITY FOR REPRESENTATIVE ELECTIONS TO OFFICE OF 
              LABOR-MANAGEMENT STANDARDS.

    (a) Transfer of Authority.--The functions and responsibilities of 
the National Labor Relations Board for overseeing elections under 
section 9 of the National Labor Relations Act, and any related 
authorities and functions under that Act, are hereby transferred to the 
Secretary of Labor, to be carried out through the Office of Labor-
Management Standards.
    (b) Amendments to the NLRA.--
            (1) Definition.--Paragraph (10) of section 2 (29 U.S.C. 
        152) is amended to read as follows:
            ``(10) The term `Secretary' means the Secretary of Labor, 
        acting through the office of Labor-Management Standards of the 
        Department of Labor.''.
            (2) Authority for supervising elections.--Section 9 (29 
        U.S.C. 159) is amended by striking ``Board'' each place it 
        appears and inserting ``Secretary''.
            (3) Rules and regulations.--
                    (A) Authority.--Section 6 (29 U.S.C. 156) is 
                amended by striking ``Board'' and inserting 
                ``Secretary''.
                    (B) Preservation of existing regulations.--Rules 
                and regulations issued under the National Labor 
                Relations Act prior to and in effect on the day before 
                the date of enactment of this Act shall continue in 
                effect and shall be considered to be rules and 
                regulations issued by the Secretary of Labor, acting 
                through the office of Labor-Management Standards of the 
                Department of Labor, under section 6 of such Act, as 
                amended by paragraph (1).
            (4) Conforming amendments.--Section 8 (29 U.S.C. 158) is 
        amended by striking ``Board'' each place it appears and 
        inserting ``Secretary''.

SEC. 5. TRANSFER OF ENFORCEMENT AUTHORITY TO THE DEPARTMENT OF JUSTICE.

    (a) Transfer of Authority.--The functions and responsibilities of 
the National Labor Relations Board for the prevention of unfair labor 
practices under section 10 of the National Labor Relations Act, and any 
related authorities and functions under that Act, are hereby 
transferred to the Bureau of Labor Relations Enforcement of the 
Department of Justice, established under subsection (b).
    (b) Establishment of Enforcement Bureau.--
            (1) Establishment and purpose.--There is established within 
        the Department of Justice, under the general authority of the 
        Attorney General, a Bureau of Labor Relations Enforcement, to 
        carry out the enforcement duties and functions that were, prior 
        to the date of enactment of this Act, carried out by the 
        National Labor Relations Board under section 10 of the National 
        Labor Relations Act.
            (2) Director.--The Bureau shall be headed by a Director 
        appointed by the Attorney General. The Director shall have had 
        experience in labor-management relations and shall not engage 
        in any other employment than that of serving as Director; nor 
        shall the Director hold any office in, or act in any capacity 
        for, any organization, agency, or institution with which the 
        Bureau makes any contract or other arrangement.
    (c) Amendments to the NLRA.--
            (1) Definition.--Section 2 (29 U.S.C. 152) is further 
        amended by adding at the end the following:
            ``(15) The term `Bureau' means the Bureau of Labor 
        Management Enforcement of the Department of Justice.''.
            (2) Authority for the prevention of unfair labor 
        practices.--Section 10 (29 U.S.C. 160) is amended--
                    (A) in subsections (a), (d), (f), (g), (h), (j), 
                (k) and (l), by striking ``Board'' each place it 
                appears and inserting ``Bureau'';
                    (B) in subsection (b)--
                            (i) in the first sentence--
                                    (I) by striking ``Board'' each 
                                place it appears and inserting 
                                ``Bureau''; and
                                    (II) by striking ``or a member 
                                thereof'';
                            (ii) in the second sentence--
                                    (I) by striking ``member, agent, or 
                                agency'' and inserting ``agent or 
                                agency''; and
                                    (II) by striking ``Board'' and 
                                inserting ``Bureau'';
                            (iii) in the fourth sentence--
                                    (I) by striking ``member, agent, or 
                                agency'' and inserting ``agent or 
                                agency''; and
                                    (II) by striking ``Board'' and 
                                inserting ``Bureau''; and
                            (iv) in the last sentence, by striking 
                        ``the Act of June 19, 1934'' and all that 
                        follows and inserting ``section 2072 of title 
                        29, United States Code.'';
                    (C) in subsection (c)--
                            (i) by striking ``member, agent, or 
                        agency'' and inserting ``agent or agency'';
                            (ii) by striking ``Board'' each place it 
                        appears and inserting ``Bureau''; and
                            (iii) by striking the last sentence; and
                    (D) in subsection (e)--
                            (i) by striking ``Board'' each place it 
                        appears and inserting ``Bureau''; and
                            (ii) by striking ``member, agent, or 
                        agency'' each place it appears and inserting 
                        ``agent or agency''.

SEC. 6. APPLICATION OF TITLE 5 PROVISION WITH RESPECT TO EMPLOYEES.

    Section 3503 of title 5, United States Code, shall apply with 
respect to employees affected by the transfers of functions under 
sections 4 and 5.

SEC. 7. INVESTIGATORY POWERS UNDER THE NLRA.

    Section 11 (29 U.S.C. 161) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``Board'' and inserting ``Secretary 
                or the Bureau, as the case may be,''; and
                    (B) by striking ``it'' and inserting ``the 
                Secretary or the Bureau, respectively,'';
            (2) in paragraph (1)--
                    (A) in the first sentence, by striking ``The Board, 
                or its'' and inserting ``The Secretary and the Bureau, 
                or their'';
                    (B) in the second sentence, by striking ``Board, or 
                any member thereof'' and inserting ``Secretary or the 
                Bureau, as the case may be'';
                    (C) in the third sentence--
                            (i) by striking ``Board'' the first place 
                        it appears and inserting ``Secretary or the 
                        Bureau''; and
                            (ii) by striking ``Board'' the second place 
                        it appears and inserting ``Secretary or the 
                        Bureau, as the case may be,''; and
                    (D) in the fourth sentence--
                            (i) by striking ``Any member of the Board'' 
                        and inserting ``The Secretary and the Bureau''; 
                        and
                            (ii) by striking ``Board'' and inserting 
                        ``Secretary or the Bureau'';
            (3) in paragraph (2)--
                    (A) by striking ``Board'' each place it appears and 
                inserting ``Secretary or the Bureau''; and
                    (B) by striking ``member, agent, or agency'' both 
                places it appears and inserting ``agent or agency'';
            (4) in paragraph (4), by striking ``Board, its member, 
        agent, or agency'' both place it appears and inserting 
        ``Secretary or the Bureau, its agent or agency''; and
            (5) in paragraph (6)--
                    (A) by striking ``Board, upon its'' both places it 
                appears and inserting ``Secretary or the Bureau''; and
                    (B) by striking ``its''.

SEC. 8. ADDITIONAL CONFORMING AMENDMENTS.

    The Act is further amended--
            (1) in section 12, by striking ``Board or any of its'' and 
        inserting ``Secretary or the Bureau or any of their'';
            (2) in section in section 14(c)--
                    (A) by striking ``Board, in its discretion'' and 
                inserting ``Secretary or the Bureau, as the case may 
                be, in their discretion''; and
                    (B) by striking ``Board'' the second, third, and 
                fourth places it appears and inserting ``Secretary or 
                the Bureau''; and
            (3) in section 18, by striking ``National Labor Relations 
        Board'' and inserting ``Secretary''.
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