[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 964 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 964

To amend the National Labor Relations Act to clarify the applicability 
  of such Act with respect to States that have right to work laws in 
                                effect.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2011

   Mr. Alexander (for himself, Mr. Graham, Mr. DeMint, Mr. Paul, Mr. 
Cornyn, Mr. Lugar, Mr. Shelby, Mr. Isakson, Mr. Risch, Mr. Boozman, Mr. 
 Lee, Mr. Kyl, Mr. Vitter, Mr. Cochran, Mr. Coburn, Mr. Grassley, Mrs. 
   Hutchison, Mr. Hoeven, Mr. Johanns, Mr. Johnson of Wisconsin, Mr. 
   McConnell, Mr. Barrasso, Mr. Burr, Mr. Roberts, Mr. Sessions, Mr. 
Hatch, Mr. Enzi, Mr. Chambliss, Mr. Inhofe, Mr. Heller, Mr. McCain, Mr. 
Wicker, Mr. Rubio, and Mr. Corker) introduced the following bill; which 
  was read twice and referred to the Committee on Health, Education, 
                          Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the National Labor Relations Act to clarify the applicability 
  of such Act with respect to States that have right to work laws in 
                                effect.

    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 ``Job Protection Act''.

SEC. 2. APPLICATION TO CERTAIN SPEECH, BUSINESS DECISIONS.

    (a) Unfair Labor Practices.--Section 8(a)(3) of the National Labor 
Relations Act (29 U.S.C. 158(a)(3)) is amended by inserting before the 
semicolon at the end the following: ``: Provided further, That an 
employer's expression of any views, argument, or opinion related to the 
costs associated with collective bargaining, work stoppages, or 
strikes, or the dissemination of such views, arguments, or opinions, 
whether in written, printed, graphic, digital, or visual form, shall 
not constitute or be evidence of antiunion animus or unlawful motive, 
if such expression contains no threat of reprisal or force or promise 
of benefit''.
    (b) Prevention of Unfair Labor Practices.--Section 10 of the 
National Labor Relations Act (29 U.S.C. 160) is amended--
            (1) in subsection (a), by inserting after the period at the 
        end the following: ``: Provided further, That the Board shall 
        have no power to order any employer to relocate, shut down, or 
        transfer any existing or planned facility or work or employment 
        opportunity, or prevent any employer from making such 
        relocations, transfers, or expansions to new or existing 
        facilities in the future, or prevent any employer from closing 
        a facility, not developing a facility, or eliminating any 
        employment opportunity unless and until the employer has been 
        adjudicated finally to have unlawfully undertaken such 
        actions--
            ``(1) without advance notice to the labor organization, if 
        any, representing the bargaining unit of the affected 
        employees, of the economic reason(s) for the relocation, shut 
        down, or transfer of existing or future work; or
            ``(2) as a primary and direct response to efforts by a 
        labor organization to organize a previously unrepresented 
        workplace''; and
            (2) by adding at the end the following:
    ``(n) Nothing in this Act shall prevent an employer from choosing 
where to locate, develop, or expand its business or facilities, or 
require any employer to move, transfer, or relocate any facility, 
production line, or employment opportunity, or require that an employer 
cease or refrain from doing so, or prevent any employer from closing a 
facility or eliminating any employment opportunity unless the employer 
has been adjudicated finally to have unlawfully undertaken such 
actions--
            ``(1) without advance notice to the labor organization, if 
        any, representing the bargaining unit of the affected 
        employees, of the economic reason(s) for the relocation, shut 
        down, or transfer of existing or future work; or
            ``(2) as a primary and direct response to efforts by a 
        labor organization to organize a previously unrepresented 
        workplace.''.
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