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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1173 Introduced in Senate (IS)]

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.

    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 makes the following findings:
            (1) The right of employees under the National Labor 
        Relations Act (29 U.S.C. 151 et seq.) 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.
            (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 paragraph (1) shall 
        not apply to collective bargaining relationships in which a 
        labor organization with majority support was lawfully 
        recognized prior to 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)) is amended--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end 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 prior to the date of 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 striking ``Representatives'' and inserting ``(1) 
        Representatives'';
            (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:
    ``(b) The secret ballot election requirement under paragraph (1) 
shall not apply to collective bargaining relationships that were 
recognized before the date of the enactment of the Secret Ballot 
Protection Act of 2005.''.

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 prior to such date of enactment to implement 
the amendments made by this Act.
                                 <all>
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