S.Amdt. 1590
What it does: Adds SEC. __. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT wherever appropriate
Sen. Jim DeMint (R-SC)What it changes
1 change to S. 1813
Adds SEC. __. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT wherever appropriate
Adds a sectionInserted: SEC. __. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
Inserted: Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended--
Inserted: (1) in subsection (b), by inserting "prior to an election" after "in each case"; and
Inserted: (2) in subsection (c)--
Inserted: (A) in the flush matter following paragraph (1)(B)--
Inserted: (i) by inserting "of 14 days in advance" after "appropriate hearing upon due notice";
Inserted: (ii) by inserting ", and a review of post-hearing appeals," after "the record of such hearing"; and
Inserted: (iii) by adding at the end the following: "No election shall be conducted less than 40 calendar days following the filing of an election petition. The employer shall provide the Board a list of employee names and home addresses of all eligible voters within 7 days following the Board's determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters."; and
Inserted: (B) by adding at the end the following:
Inserted: "(6)(A) No election shall take place after the filing of any petition unless and until--
Inserted: "(i) a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and
Inserted: "(ii) the issues are resolved by a Regional Director, subject to appeal and review, or by the Board.
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Inserted: "(B) No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on--
Inserted: "(i) each pre-election issue not resolved before the election; and
Inserted: "(ii) the resolution, following a hearing conducted in accordance with due process, of each issue pertaining to the conduct or results of the election.".
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Original wording
At the appropriate place, insert the following:
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As printed
SA 1590. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended--
(1) in subsection (b), by inserting “prior to an election” after “in each case”; and
(2) in subsection (c)--
(A) in the flush matter following paragraph (1)(B)--
(i) by inserting “of 14 days in advance” after “appropriate hearing upon due notice”;
(ii) by inserting “, and a review of post-hearing appeals,” after “the record of such hearing”; and
(iii) by adding at the end the following: “No election shall be conducted less than 40 calendar days following the filing of an election petition. The employer shall provide the Board a list of employee names and home addresses of all eligible voters within 7 days following the Board's determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters.”; and
(B) by adding at the end the following:
“(6)(A) No election shall take place after the filing of any petition unless and until--
“(i) a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and
“(ii) the issues are resolved by a Regional Director, subject to appeal and review, or by the Board.
“(B) No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on--
“(i) each pre-election issue not resolved before the election; and
“(ii) the resolution, following a hearing conducted in accordance with due process, of each issue pertaining to the conduct or results of the election.”.
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Senate amendment submitted
February 14, 2012