[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2814 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2814

To amend the National Labor Relations Act to reform the National Labor 
Relations Board, the Office of the General Counsel, and the process for 
               appellate review, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2014

Mr. Alexander (for himself and Mr. McConnell) 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 reform the National Labor 
Relations Board, the Office of the General Counsel, and the process for 
               appellate review, and for other purposes.

    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 Board 
Reform Act''.

SEC. 2. NATIONAL LABOR RELATIONS BOARD.

    (a) Composition; Terms.--Section 3(a) of the National Labor 
Relations Act (29 U.S.C. 153(a)) is amended--
            (1) in the first sentence--
                    (A) by striking ``prior to its amendment by the 
                National Labor Management Relations Act, 1947,'' and 
                inserting ``prior to its amendment by the National 
                Labor Relations Board Reform Act'';
                    (B) by striking ``five instead of three members'' 
                and inserting ``6 instead of 5 members''; and
                    (C) by striking ``appointed by the President by and 
                with the advice and consent of the Senate'' and 
                inserting ``appointed by the President, after 
                consultation with the leader of the Senate representing 
                the party opposing the party of the President, by and 
                with the advice and consent of the Senate'';
            (2) by striking the second sentence and inserting the 
        following: ``The sixth member added by the first sentence of 
        this section shall be appointed for a term that expires on the 
        day before the first date on which a full term of another 
        member of the Board commences that is after the date of 
        enactment of the National Labor Relations Board Reform Act. Of 
        the 6 members, there shall be 3 members representing each of 
        the 2 major political parties and, beginning on January 1, 
        2020, each of the 2 members of the Board whose terms expire on 
        the same date, as established under subsection (e), shall 
        represent a different major political party.''; and
            (3) in the fourth sentence (including the amendment made by 
        paragraph (2))--
                    (A) by striking ``Their successors, and the 
                successors of the other members,'' and inserting ``The 
                successor of such sixth member, and the successors of 
                the other members,'';
                    (B) by inserting ``(except as otherwise provided 
                during the transition period under subsection (e))'' 
                after ``each''; and
                    (C) by striking ``he'' and inserting ``the 
                individual''.
    (b) Authority.--Section 3(b) of the National Labor Relations Act 
(29 U.S.C. 153(b)) is amended--
            (1) in the first sentence--
                    (A) by striking ``three or more'' and inserting ``4 
                or more''; and
                    (B) by inserting before the period the following: 
                ``, with such group consisting of an equal number of 
                members representing each major political party''; and
            (2) in the third sentence--
                    (A) by striking ``three members'' and inserting ``4 
                members''; and
                    (B) by striking ``Board, except that'' and all that 
                follows through ``hereof.'' and inserting the 
                following: ``Board. Any determination of the Board 
                shall be approved by a majority of the members 
                present.''.
    (c) Transition to Improved Staggered Terms.--Section 3 of the 
National Labor Relations Act (29 U.S.C. 153) is further amended by 
adding at the end the following:
    ``(e) Transition to Improved Staggered Terms.--Notwithstanding 
subsection (a) or any other provision of this Act--
            ``(1) each term of a member of the Board appointed after 
        the date of enactment of the National Labor Relations Board 
        Reform Act and before December 31, 2019, shall terminate on 
        December 31, 2019, or the date on which the term otherwise 
        expires, whichever is earlier, and new terms for all 6 members 
        of the Board shall begin on January 1, 2020; and
            ``(2) of the 6 members of the Board who are appointed for 
        the terms beginning on January 1, 2020--
                    ``(A) 2 of the members shall be appointed for terms 
                ending on December 31, 2021;
                    ``(B) 2 of the members shall be appointed for terms 
                ending on December 31, 2023; and
                    ``(C) 2 of the members shall be appointed for terms 
                ending on December 31, 2024.''.

SEC. 3. GENERAL COUNSEL.

    (a) Review of General Counsel Decisions.--Section 3 of the National 
Labor Relations Act (29 U.S.C. 153), as amended by section 2, is 
further amended--
            (1) in subsection (d)--
                    (A) in the second sentence, by striking ``trial 
                examiners'' and inserting ``administrative law 
                judges''; and
                    (B) in the third sentence, by striking ``He shall'' 
                and inserting ``Subject to subsection (f), the General 
                Counsel shall''; and
            (2) by adding at the end the following:
    ``(f) Review of General Counsel Complaints.--
            ``(1) In general.--Any person subject to a complaint that 
        is issued or authorized by the General Counsel under subsection 
        (d) may obtain review of the complaint in any district court of 
        the United States in the judicial district wherein the unfair 
        labor practice in question was alleged to have occurred, 
        wherein such person resides or transacts business, or in the 
        United States District Court for the District of Columbia, by 
        filing in such court, not later than 30 days after such 
        issuance or authorization, a written petition for review of the 
        complaint. The court may prohibit any further proceedings 
        relating to such complaint if the court determines that the 
        General Counsel does not have substantial evidence that such 
        person has violated this Act.
            ``(2) Discovery.--Any party to a complaint under paragraph 
        (1) may file a request to the General Counsel to obtain any 
        advice memorandum prepared by an attorney of the Division of 
        Advice of the Office of the General Counsel, any internal 
        memorandum of the Office of the General Counsel, or any other 
        inter-agency or intra-agency memorandum or letter described in 
        section 552(b)(5) of title 5, United States Code, related to 
        the complaint. Not later than 10 days after the filing of such 
        request, the General Counsel shall provide such party the 
        requested memorandum, letter, or document.''.
    (b) Salary.--Section 4(a) of the National Labor Relations Act (29 
U.S.C. 154(a)) is amended--
            (1) in the first sentence, by striking ``shall receive a 
        salary of $12,000 a year,'' and inserting ``shall be 
        compensated at a level equivalent to level IV of the Executive 
        Schedule, in accordance with section 5315 of title 5, United 
        States Code. The Chairman of the Board shall be compensated at 
        a level equivalent to level III of the Executive Schedule, in 
        accordance with section 5314 of title 5, United States Code. 
        Each member of the Board, the General Counsel, and the 
        Chairman'';
            (2) in the fourth sentence, including the amendment made by 
        paragraph (1), by striking ``examiners'' and inserting 
        ``administrative law judges''; and
            (3) in the sixth sentence, including the amendment made by 
        paragraph (1)--
                    (A) by striking ``trial examiner's report'' and 
                inserting ``report of an administrative law judge''; 
                and
                    (B) by striking ``trial examiner shall advise'' and 
                inserting ``administrative law judge shall advise''.

SEC. 4. FINAL ORDERS; DISCHARGE.

    Section 10 of the National Labor Relations Act (29 U.S.C. 160) is 
amended--
            (1) in subsection (c)--
                    (A) by striking ``before an examiner or examiners 
                thereof'' and inserting ``before an administrative law 
                judge or administrative law judges thereof''; and
                    (B) by striking ``such examiner or examiners'' and 
                inserting ``such judge or judges''; and
            (2) in subsection (d)--
                    (A) by inserting ``or the Board has issued a final 
                order'' after ``have been filed in a court'';
                    (B) by striking ``at any time upon reasonable 
                notice'' and inserting ``, not later than 1 year after 
                the submission of a report of an administrative law 
                judge, or a decision of a regional director, pertaining 
                to such case or order, upon reasonable notice,''; and
                    (C) by adding at the end the following: ``The Board 
                shall issue a final order reviewing an appeal of a 
                report of an administrative law judge or decision of a 
                regional director filed within 1 year after such report 
                or decision. If the Board does not issue a final order 
                within 1 year after the report of an administrative law 
                judge or decision of a regional director, any party to 
                the case may move to discharge the case. Upon such 
                motion, the report of the administrative law judge or 
                decision of the regional director shall be deemed to be 
                a final agency action and the Board may not take 
                further action on the matter under subchapter II of 
                chapter 5 of title 5, United States Code. Any party to 
                the case may obtain review of the order in any court of 
                appeals of the United States in the circuit wherein the 
                unfair labor practice in question was alleged to have 
                occurred, wherein such person resides or transacts 
                business, or in the United States Court of Appeals for 
                the District of Columbia, by filing in such court, not 
                later than 60 days after the issuance of the order, a 
                written petition for the court to modify or set aside 
                the order of the Board. The court shall review the 
                order de novo.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS TO FURTHER EFFECTIVE 
              GOVERNMENT.

    The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended 
by adding at the end the following:

``SEC. 20. AUTHORIZATION OF APPROPRIATIONS TO FURTHER EFFECTIVE 
              GOVERNMENT.

    ``(a) 2-Year Deadline.--If, 2 years after the date of enactment of 
the National Labor Relations Board Reform Act, the Board has failed to 
issue a final order, in accordance with section 10(d), on more than 90 
percent of the cases pending on (or filed on or after) such date of 
enactment, then the amount authorized to be appropriated to carry out 
this Act for each of the succeeding 2 fiscal years shall be 80 percent 
of the average amount so authorized for the prior 2 fiscal years.
    ``(b) 4-Year Deadline.--If, 4 years after the date of enactment of 
the National Labor Relations Board Reform Act, the Board has failed to 
issue a final order, in accordance with section 10(d), on more than 90 
percent of the cases pending on (or filed on or after) the date that is 
2 years after the date of such enactment, then the amount authorized to 
be appropriated to carry out this Act for each succeeding fiscal year 
shall remain the amount so appropriated for the fiscal year that is 4 
years after the date of such enactment.''.
                                 <all>