II 

112TH CONGRESS 

1ST SESSION S. 217 

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 SENATE OF THE UNITED STATES 

JANUARY 27, 2011 

Mr. DEMINT (for himself, Mr. ALEXANDER, Mr. BARRASSO, Mr. BURR, Mr. 

CHAMBLISS, Mr. COCHRAN, Mr. ENZI, Mr. GRAHAM, Mr. INHOFE, Mr. 

KYL, Mr. MCCAIN, Mr. MORAN, Mr. PAUL, Mr. RISCH, Mr. SHELBY, Mr. 

THUNE, Mr. VITTER, Mr. WICKER, Mr. ROBERTS, Mr. CORKER, and Mr. 

CORNYN) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secret Ballot Protec5 tion Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The right of employees under the National 

2 Labor Relations Act (29 U.S.C. 151 et seq.) to 

3 choose whether to be represented by a labor organi4 zation by way of secret ballot election conducted by 

5 the National Labor Relations Board is among the 

6 most important protections afforded under Federal 

7 labor law. 

8 (2) The right of employees to choose by secret 

9 ballot is the only method that ensures a choice free 

10 of coercion, intimidation, irregularity, or illegality. 

11 (3) The recognition of a labor organization by 

12 using a private agreement, rather than a secret bal13 lot election overseen by the National Labor Relations 

14 Board, threatens the freedom of employees to choose 

15 whether to be represented by a labor organization, 

16 and severely limits the ability of the National Labor 

17 Relations Board to ensure the protection of workers. 

18 SEC. 3. NATIONAL LABOR RELATIONS ACT. 

19 (a) RECOGNITION OF REPRESENTATIVE.— 

20 (1) IN GENERAL.—Section 8(a)(2) of the Na21 tional Labor Relations Act (29 U.S.C. 158(a)(2)) is 

22 amended by inserting before the colon the following: 

23 ‘‘or to recognize or bargain collectively with a labor 

24 organization that has not been selected by a major25 ity of such employees in a secret ballot election conVerDate Mar 15 2010 04:10 Feb 01, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S217.IS S217

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1 ducted by the National Labor Relations Board in ac2 cordance with section 9’’. 

3 (2) APPLICATION.—The amendment made by 

4 paragraph (1) shall not apply to collective bar5 gaining relationships in which a labor organization 

6 with majority support was lawfully recognized prior 

7 to the date of enactment of this Act. 

8 (b) ELECTION REQUIRED.— 

9 (1) IN GENERAL.—Section 8(b) of the National 

10 Labor Relations Act (29 U.S.C. 158(b)) is amend11 ed— 

12 (A) in paragraph (6), by striking ‘‘and’’ at 

13 the end; 

14 (B) in paragraph (7), by striking ‘‘section 

15 8(b).’’ and inserting ‘‘section 8(b);’’ and 

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

17 ‘‘(8) to cause or attempt to cause an employer 

18 to recognize or bargain collectively with a represent19 ative of a labor organization that has not been se20 lected by a majority of such employees in a secret 

21 ballot election conducted by the National Labor Re22 lations Board in accordance with section 9.’’. 

23 (2) APPLICATION.—The amendment made by 

24 paragraph (1) shall not apply to collective barVerDate Mar 15 2010 04:10 Feb 01, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S217.IS S217

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1 gaining relationships that were recognized prior to 

2 the date of enactment of this Act. 

3 (c) SECRET BALLOT ELECTION.—Section 9(a) of the 

4 National Labor Relations Act (29 U.S.C. 159(a)) is 

5 amended— 

6 (1) by striking ‘‘Representatives’’ and inserting 

7 ‘‘(1) Representatives’’; 

8 (2) by inserting after ‘‘designated or selected’’ 

9 the following: ‘‘by a secret ballot election conducted 

10 by the National Labor Relations Board in accord11 ance with this section’’; and 

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

13 ‘‘(2) The secret ballot election requirement under 

14 paragraph (1) shall not apply to collective bargaining rela15 tionships that were recognized before the date of the en16 actment of the Secret Ballot Protection Act of 2011.’’. 

17 SEC. 4. REGULATIONS AND AUTHORITY. 

18 (a) REGULATIONS.—Not later than 6 months after 

19 the date of the enactment of this Act, the National Labor 

20 Relations Board shall review and revise all regulations 

21 promulgated prior to such date of enactment to implement 

22 the amendments made by this Act. 

23 (b) AUTHORITY.—Nothing in this Act (or the amend24 ments made by this Act) shall be construed to limit or 


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1 otherwise diminish the remedial authority of the National 

2 Labor Relations Board. 

Æ 


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