[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 882 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 882

 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 SENATE OF THE UNITED STATES

                             March 22, 2021

    Mr. Lee (for himself, Mrs. Blackburn, Mr. Braun, and Mr. Paul) 
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 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) (29 U.S.C. 153(d)), by striking 
        ``investigation of charges and issuance of complaints under 
        section 10, and in respect of the prosecution of such 
        complaints before the Board'' and inserting ``investigation of 
        allegations under section 10''; and
            (2) in section 4(a) (29 U.S.C. 154(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. The Board shall not 
promulgate rules or regulations that affect the substantive or 
procedural rights of any person, employer, employee, or labor 
organization, including rules and regulations concerning unfair labor 
practices and representation elections.''.
    (c) Unfair Labor Practices.--Section 8(a)(4) of such Act (29 U.S.C. 
158(a)(4)) is amended by striking ``charges'' and inserting ``a civil 
action''.
    (d) Investigatory Power and Adjudicatory Authority Over Unfair 
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) 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 is alleged'';
                    (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 issue'' and inserting ``the aggrieved person may 
                bring a civil action for such relief (including an 
                injunction) as may be appropriate. Any such civil 
                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 all 
                that follows through ``prevented from filing such 
                charge'' and inserting ``civil action, unless the 
                person aggrieved thereby was prevented from filing such 
                civil action''; and
                    (E) by striking ``Any such complaint may be 
                amended'' and all that follows through ``Any such 
                proceeding shall, so far as practicable,'' and 
                inserting ``Any proceeding under this subsection 
                shall'';
            (3) by striking subsections (c) through (k);
            (4) by redesignating subsections (l) and (m) as subsections 
        (c) and (d), respectively;
            (5) 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'' 
                and inserting ``allegation''; and
                    (C) by striking ``such charge is true and that a 
                complaint should issue, he shall'' and all that follows 
                through the end of the subsection and inserting ``such 
                allegation is true, 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.''; and
            (6) in subsection (d) (as so redesignated)--
                    (A) by striking ``Whenever it is charged'' and 
                inserting ``Whenever it is alleged'';
                    (B) by striking ``such charge'' and inserting 
                ``such allegation''; and
                    (C) by striking ``and cases given priority under 
                subsection (i)''.
    (e) Conforming Amendments.--The National Labor Relations Act (29 
U.S.C. 151 et seq.) is amended--
            (1) in section 9 (29 U.S.C. 159)--
                    (A) in subsection (c)(2), by striking ``and in no 
                case shall the Board'' and all that follows through the 
                end of such subsection and inserting a period;
                    (B) by striking subsection (d); and
                    (C) by redesignating subsection (e) as subsection 
                (d);
            (2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or 
        (e) of section 9'' and inserting ``or (d) of section 9'';
            (3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each 
        place it appears and inserting ``9(d)''; and
            (4) in section 18 (29 U.S.C. 168), by striking ``section 10 
        (e) or (f)'' and inserting ``subsection (e) or (f) of section 
        10, as such subsections were in effect on the day before the 
        date of enactment of the Protecting American Jobs Act,''.

SEC. 3. REGULATIONS.

    Not later than 6 months after the date of enactment of this Act, 
the National Labor Relations Board shall review all regulations 
promulgated before such date of enactment and revise or rescind any 
such regulations as necessary to implement the amendment made by 
section 2(b).
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