[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2978 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2978

 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 HOUSE OF REPRESENTATIVES

                           September 20, 2011

   Mr. Austin Scott of Georgia (for himself, Mr. Westmoreland, Mrs. 
 Blackburn, Mr. Nunnelee, Mr. Wilson of South Carolina, Mr. Mulvaney, 
 Mr. Long, Mr. Ross of Florida, Mr. Broun of Georgia, Mr. Fleischmann, 
 Mrs. Ellmers, Mr. Canseco, Mr. Landry, Mr. Duncan of South Carolina, 
  Mr. Flores, Mr. Fleming, Mr. Franks of Arizona, Mr. Farenthold, Mr. 
 Crawford, Mrs. Black, Mr. Gingrey of Georgia, Mr. Brooks, Mrs. Roby, 
   Mr. Pitts, Mr. Kingston, Mr. Paul, and Mr. Ribble) 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 modify the authority of 
the National Labor Relations Board with respect to rulemaking, issuance 
       of complaints, and authority over unfair labor practices.

    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 ``Protecting American Jobs Act''.

SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.

    (a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
            (1) in section 3(d), by striking ``and issuance of 
        complaints under section 10, and in respect of the prosecution 
        of such complaints before the Board''; and
            (2) in section 4(a), by striking the fourth sentence.
    (b) Clarification of the Board's Rulemaking Authority.--Section 6 
of such Act (29 U.S.C. 156) is amended by adding at the end the 
following: ``Such rulemaking authority shall be limited to rules 
concerning the internal functions of the Board and the Board is 
prohibited from promulgating rules that affect the substantive rights 
of any person, employer, employee, or labor organization.''.
    (c) Investigatory Power and Adjudicatory Authority Over Unfair 
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 60) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``prevent any person from engaging 
                in'' and inserting ``investigate''; and
                    (B) by striking ``This power shall'' and all that 
                follows through the end of the subsection;
            (2) in subsection (b)--
                    (A) by striking ``Whenever it is charged'' and 
                inserting ``Whenever it appears'';
                    (B) by striking ``or is engaging in'' and inserting 
                ``, is engaging in, or is about to engage in'';
                    (C) by striking ``the Board, or any agent'' and all 
                that follows through ``Provided, That no complaint 
                shall be issued'' and inserting ``the aggrieved party 
                may bring a civil action for such relief (including 
                injunctions) as may be appropriate. Any such action may 
                be brought in the district court of the United States 
                where the violation occurred, or at the option of the 
                parties, in the United States District Court for the 
                District of Columbia. No civil action may be brought'';
                    (D) by striking ``charge with the Board and the 
                service of a copy thereof upon the person against whom 
                such charge is made'' and insert ``civil action''; and
                    (E) by striking ``Any such complaint may be 
                amendment'' and all that follows through ``Any such 
                proceeding shall, so far as practicable,'' and insert 
                ``Any such proceeding shall'';
            (3) by striking subsections (c) through (k) and 
        redesignating subsection (l) as subsection (c); and
            (4) in subsection (c) (as so redesignated)--
                    (A) by striking ``Whenever it is charged'' and 
                inserting ``Whenever it is alleged'';
                    (B) in the first sentence, by striking ``charge'' 
                both places it appears and inserting ``allegation''; 
                and
                    (C) by striking ``and that a complaint should 
                issue, he shall'' and all that follows through the end 
                of the subsection and inserting ``, the officer or 
                regional attorney shall, on behalf of the Board, submit 
                a written summary of the findings to all parties 
                involved in the alleged unfair labor practice.''.

SEC. 3. 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 by this Act.
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