II 

113TH CONGRESS 

1ST SESSION S. 850 

To prohibit the National Labor Relations Board from taking any action 

that requires a quorum of the members of the Board until such time 

as Board constituting a quorum shall have been confirmed by the Senate, 

the Supreme Court issues a decision on the constitutionality of the 

appointments to the Board made in January 2012, or the adjournment 

sine die of the first session of the 113th Congress. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2013 

Mr. ALEXANDER (for himself, Mr. JOHANNS, Mr. ENZI, Mr. ROBERTS, Mr. 

BLUNT, Mr. INHOFE, Mr. ISAKSON, Mr. SCOTT, Mr. KIRK, Mr. RUBIO, 

Mr. COBURN, and Mr. RISCH) introduced the following bill; which was 

read twice and referred to the Committee on Health, Education, Labor, 

and Pensions 

A BILL 

To prohibit the National Labor Relations Board from taking 

any action that requires a quorum of the members of 

the Board until such time as Board constituting a 

quorum shall have been confirmed by the Senate, the 

Supreme Court issues a decision on the constitutionality 

of the appointments to the Board made in January 2012, 

or the adjournment sine die of the first session of the 

113th Congress. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Greater 

3 Uncertainty in Labor-Management Relations Act’’. 

4 SEC. 2. ACTIVITIES BY THE NATIONAL LABOR RELATIONS 

5 BOARD PROHIBITED. 

6 Effective on the date of enactment of this Act, the 

7 National Labor Relations Board shall cease all activity 

8 that requires a quorum of the members of the Board, as 

9 set forth in the National Labor Relations Act (29 U.S.C. 

10 151 et seq.). The Board shall not appoint any personnel 

11 nor implement, administer, or enforce any decision, rule, 

12 vote, or other action decided, undertaken, adopted, issued, 

13 or finalized on or after January 4, 2012, that requires 

14 a quorum of the members of the Board, as set forth in 

15 such Act. 

16 SEC. 3. TERMINATION. 

17 The provisions of this Act shall terminate on the date 

18 on which— 

19 (1) all members of the National Labor Rela20 tions Board are confirmed with the advice and con21 sent of the Senate, in accordance with clause 2 of 

22 section 2 of article II of the Constitution, in a num23 ber sufficient to constitute a quorum, as set forth in 

24 the National Labor Relations Act (29 U.S.C. 151 et 

25 seq.); 


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1 (2) the Supreme Court issues a decision on the 

2 constitutionality of the appointments to the Board 

3 made in January 2012; or 

4 (3) the adjournment sine die of the first session 

5 of the 113th Congress. 

6 SEC. 4. EFFECT OF CERTAIN BOARD ACTIONS. 

7 In the event that this Act terminates pursuant to 

8 paragraph (1) or (3) of section 3, no appointment, deci9 sion, rule, vote, or other action decided, undertaken, 

10 adopted, issued, or finalized by the Board on or after Jan11 uary 4, 2012, that requires authorization by not less than 

12 a quorum of the members of the Board, as set forth in 

13 the National Labor Relations Act, may be implemented, 

14 administered, or enforced unless and until it is considered 

15 and acted upon by a Board constituting a quorum, as set 

16 forth in the National Labor Relations Act, or the Supreme 

17 Court issues a decision on the constitutionality of the ap18 pointments to the Board made in January 2012. 


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