S.Amdt. 4753

1. Adds TITLE __--SECRET BALLOT PROTECTION wherever appropriate

   Adds a title

   Inserted: TITLE __--SECRET BALLOT PROTECTION

   Inserted: SEC. _01. SHORT TITLE.

   Inserted: This title may be cited as the "Secret Ballot Protection Act of 2008".

   Inserted: SEC. _02. FINDINGS.

   Inserted: Congress makes the following findings:

   Inserted: (1) The right of employees under the National Labor Relations Act (29 U.S.C. 151 et seq.) to choose whether to be represented by a labor organization by way of secret ballot election conducted by the National Labor Relations Board is among the most important protections afforded under Federal labor law.

   Inserted: (2) The right of employees to choose by secret ballot is the only method that ensures a choice free of coercion, intimidation, irregularity, or illegality.

   Inserted: (3) The recognition of a labor organization by using a private agreement, rather than a secret ballot election overseen by the National Labor Relations Board, threatens the freedom of employees to choose whether to be represented by a labor organization, and severely limits the ability of the National Labor Relations Board to ensure the protection of workers.

   Inserted: SEC. _03. NATIONAL LABOR RELATIONS ACT.

   Inserted: (a) Recognition of Representative.--

   Inserted: (1) In general.--Section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the colon the following: "or to recognize or bargain collectively with a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9".

   Inserted: (2) Application.--The amendment made by paragraph (1) shall not apply to collective bargaining relationships in which a labor organization with majority support was lawfully recognized prior to the date of enactment of this Act.

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   Inserted: (b) Election Required.--

   Inserted: (1) In general.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended--

   Inserted: (A) in paragraph (6), by striking "and" at the end;

   Inserted: (B) in paragraph (7), by striking the period at the end and inserting "; and"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(8) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9.".

   Inserted: (2) Application.--The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized prior to the date of enactment of this Act.

   Inserted: (c) Secret Ballot Election.--Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)), is amended--

   Inserted: (1) by striking "Representatives" and inserting "(1) Representatives";

   Inserted: (2) by inserting after "designated or selected" the following: "by a secret ballot election conducted by the National Labor Relations Board in accordance with this section"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(2) The secret ballot election requirement under paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of the Secret Ballot Protection Act of 2008.".

   Inserted: SEC. _04. REGULATIONS AND AUTHORITY.

   Inserted: (a) 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 prior to such date of enactment to implement the amendments made by this title.

   Inserted: (b) Authority.--Nothing in this title (or the amendments made by this title) shall be construed to limit or otherwise diminish the remedial authority of the National Labor Relations Board.

   Inserted: SEC. 5. PUBLIC SAFETY SECRET BALLOT.

   Inserted: Section 4(b)(2) of the Public Safety Employer-Employee Cooperation Act of 2007 is amended by inserting before the period the following: "Provided, That the labor organization is selected by a majority of employees in a secret ballot election supervised by a governmental body or agency".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed