Secret Ballot Protection Act of 2005

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 874 Introduced in House (IH)]

109th CONGRESS
1st Session
H. R. 874

To amend the National Labor Relations Act to ensure the right of
employees to a secret-ballot election conducted by the National Labor
Relations Board.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 17, 2005

Mr. Norwood (for himself, Mr. Boehner, Mr. Sam Johnson of Texas, Mr.
McKeon, Mr. Souder, Mrs. Biggert, Mr. Keller, Mr. Wilson of South
Carolina, Mr. Kline, Mrs. Musgrave, Mr. Inglis of South Carolina, Mrs.
Drake, Mr. Kingston, Mr. Linder, Mr. Deal of Georgia, Mr. King of Iowa,
Mr. Hayworth, Mr. Wicker, Mr. Brady of Texas, Mr. Culberson, Mr.
Garrett of New Jersey, Mr. Burton of Indiana, Mr. Sullivan, Mr. Otter,
Mr. Pence, Mrs. Blackburn, Mr. Gallegly, Mr. Gillmor, Mr. Bartlett of
Maryland, Mr. Akin, Mr. Pitts, Mr. Hayes, Mr. Doolittle, Mr. Sessions,
Mr. Gary G. Miller of California, Mr. Chabot, Mr. Coble, Mr. Brown of
South Carolina, Mr. Flake, Mr. Franks of Arizona, Mr. Jones of North
Carolina, and Mr. Manzullo) introduced the following bill; which was
referred to the Committee on Education and the Workforce

_______________________________________________________________________

A BILL

To amend the National Labor Relations Act to ensure the right of
employees to a secret-ballot election conducted by the National Labor
Relations Board.

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 ``Secret Ballot Protection Act of
2005''.

SEC. 2. FINDINGS.

Congress finds that--
(1) the right of employees under the National Labor
Relations Act 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;
(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; and
(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.

SEC. 3. NATIONAL LABOR RELATIONS ACT.

(a) Recognition of Representative.--
(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''.
(2) Application.--The amendment made by subsection (a)
shall not apply to collective bargaining relationships in which
a labor organization with majority support was lawfully
recognized before the date of the enactment of this Act.
(b) Election Required.--
(1) In general.--Section 8(b) of the National Labor
Relations Act (29 U.S.C. 158(b)), as amended by subsection (c)
of this section, is amended--
(A) by striking ``and'' at the end of paragraph
(6);
(B) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(C) by adding at the end the following:
``(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.''.
(2) Application.--The amendment made by paragraph (1) shall
not apply to collective bargaining relationships that were
recognized before the date of the enactment of this Act.
(c) Secret Ballot Election.--Section 9(a) of the National Labor
Relations Act (29 U.S.C. 159(a)), is amended--
(1) by inserting `` (1) ''after ``(a)'';
(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
(3) by adding at the end the following:
``(2) The secret ballot election requirement of paragraph
(1) shall not apply to collective bargaining relationships that
were recognized before the date of the enactment of this
Act.''.

SEC. 4. 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 before such date to implement the amendments
made in this Act to the National Labor Relations Act.
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