S. 180

NLRB Freeze Act of 2013

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II

113th CONGRESS

1st Session

S. 180

IN THE SENATE OF THE UNITED STATES

January 30, 2013

Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To delay the enforcement of any rulings of the National Labor Relations Board until there is a final resolution in pending lawsuits.

1.

Short title

This Act may be cited as the NLRB Freeze Act of 2013.

2.

Delay in enforcement of certain rules

(a)

In general

Notwithstanding any other provision of law, any determinations made by the National Labor Relations Board with respect to which unconstitutional members were part of the Board's quorum, shall not be given any force or effect until the date on which final judgment is entered in all cases challenging the constitutionality of the appointment of members to such Board during a recess of the Senate that are pending before a Federal court on the date of enactment of this Act.

(b)

Definition

The term unconstitutional member means a member of the National Labor Relations Board who was appointed during a recess of the Senate and who is the subject of a cause of action relating to such appointment that is pending before a Federal court on the date of enactment of this Act.