[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 991 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 991
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
March 28, 2023
Mrs. Blackburn (for herself, Mr. Cassidy, Mr. Braun, and Mr. Scott of
South Carolina) 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,
2028, 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, 2027, shall terminate on
December 31, 2027, 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, 2028; and
``(2) of the 6 members of the Board who are appointed for
the terms beginning on January 1, 2028--
``(A) 2 of the members shall be appointed for terms
ending on December 31, 2029;
``(B) 2 of the members shall be appointed for terms
ending on December 31, 2031; and
``(C) 2 of the members shall be appointed for terms
ending on December 31, 2032.''.
SEC. 3. GENERAL COUNSEL.
The National Labor Relations Act (29 U.S.C. 151 et seq.), as
amended by section 2, is further amended--
(1) in section 3 (29 U.S.C. 153)--
(A) in subsection (d)--
(i) in the second sentence, by striking
``trial examiners'' and inserting
``administrative law judges''; and
(ii) in the third sentence, by striking
``He shall'' and inserting ``Subject to
subsection (f), the General Counsel shall'';
and
(B) 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 or letter.''; and
(2) in section 4(a) (29 U.S.C. 154(a))--
(A) in the second sentence by striking
``examiners'' and inserting ``administrative law
judges''; and
(B) in the fourth sentence--
(i) by striking ``trial examiner's report''
and inserting ``report of an administrative law
judge''; and
(ii) 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 of the Board 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. The court shall
review the order de novo.''.
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