H.R. 972

Secret Ballot Protection Act

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I

112th CONGRESS

1st Session

H. R. 972

IN THE HOUSE OF REPRESENTATIVES

March 9, 2011

Mr. Roe of Tennessee (for himself, Mr. Kline, Mr. Wilson of South Carolina, Ms. Foxx, Mr. Hunter, Mr. Thompson of Pennsylvania, Mr. Walberg, Mr. DesJarlais, Mr. Hanna, Mr. Rokita, Mr. Bucshon, Mr. Gowdy, Mrs. Noem, Mrs. Roby, Mr. Heck, Mr. Ross of Florida, Mr. Kelly, Mr. Price of Georgia, Mr. Jordan, and Mr. Mulvaney) 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.

1.

Short title

This Act may be cited as the Secret Ballot Protection Act.

2.

Findings

Congress finds that—

(1)

the importance of a secret ballot election has been recognized by the United States for over 100 years;

(2)

the fundamental democratic right to choose by secret ballot is the only method that ensures a choice free of coercion, intimidation, irregularity, or illegality;

(3)

the recognition of a labor organization by way of a private agreement, rather than a secret ballot election supervised by a neutral third party, threatens an employee’s right, codified in the National Labor Relations Act, to choose whether or not to be represented by a labor organization; and

(4)

preserving workers’ right to choose whether or not to be represented by a labor organization through a secret ballot election is important to the strength of the national economy.

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 employees in a unit appropriate for such purposes 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 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 employees in a unit appropriate for such purposes 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 enactment of this Act.

(c)

Secret ballot election required

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 enactment of the Secret Ballot Protection Act.

.

(d)

Conforming amendments

Section 9(c)(1) of such Act (29 U.S.C. 159(c)(1)) is amended—

(1)

in subparagraph (A)—

(A)

in clause (i), by striking and that their employer declines to recognize their representative as the representative defined in section 9(a) and inserting by a representative; and

(B)

in clause (ii), by striking section 9(a); and inserting subsection (a),; and

(2)

in subparagraph (B), by striking alleging and all that follows through defined in section 9(a).

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.