II 

109TH CONGRESS 

1ST SESSION S. 1173 

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 

JUNE 7, 2005 

Mr. DEMINT 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 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The right of employees under the National 

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

10 choose whether to be represented by a labor organi-
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•S 1173 IS

1 zation by way of secret ballot election conducted by 

2 the National Labor Relations Board is among the 

3 most important protections afforded under Federal 

4 labor law. 

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

6 ballot is the only method that ensures a choice free 

7 of coercion, intimidation, irregularity, or illegality. 

8 (3) The recognition of a labor organization by 

9 using a private agreement, rather than a secret bal10 lot election overseen by the National Labor Relations 

11 Board, threatens the freedom of employees to choose 

12 whether to be represented by a labor organization, 

13 and severely limits the ability of the National Labor 

14 Relations Board to ensure the protection of workers. 

15 SEC. 3. NATIONAL LABOR RELATIONS ACT. 

16 (a) RECOGNITION OF REPRESENTATIVE.— 

17 (1) IN GENERAL.—Section 8(a)(2) of the Na18 tional Labor Relations Act (29 U.S.C. 158(a)(2)) is 

19 amended by inserting before the colon the following: 

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

21 organization that has not been selected by a major22 ity of such employees in a secret ballot election con23 ducted by the National Labor Relations Board in ac24 cordance with section 9’’. 
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1 (2) APPLICATION.—The amendment made by 

2 paragraph (1) shall not apply to collective bar3 gaining relationships in which a labor organization 

4 with majority support was lawfully recognized prior 

5 to the date of enactment of this Act. 

6 (b) ELECTION REQUIRED.— 

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

8 Labor Relations Act (29 U.S.C. 158(b)) is amend9 ed— 

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

11 the end; 

12 (B) in paragraph (7), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

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

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

16 to recognize or bargain collectively with a represent17 ative of a labor organization that has not been se18 lected by a majority of such employees in a secret 

19 ballot election conducted by the National Labor Re20 lations Board in accordance with section 9.’’. 

21 (2) APPLICATION.—The amendment made by 

22 paragraph (1) shall not apply to collective bar23 gaining relationships that were recognized prior to 

24 the date of enactment of this Act. 
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1 (c) SECRET BALLOT ELECTION.—Section 9(a) of the 

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

3 amended— 

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

5 ‘‘(1) Representatives’’; 

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

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

8 by the National Labor Relations Board in accord9 ance with this section’’; and 

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

11 ‘‘(b) The secret ballot election requirement under 

12 paragraph (1) shall not apply to collective bargaining rela13 tionships that were recognized before the date of the en14 actment of the Secret Ballot Protection Act of 2005.’’. 

15 SEC. 4. REGULATIONS. 

16 Not later than 6 months after the date of the enact17 ment of this Act, the National Labor Relations Board 

18 shall review and revise all regulations promulgated prior 

19 to such date of enactment to implement the amendments 

20 made by this Act. 

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