I 

112TH CONGRESS 

1ST SESSION H. R. 1976 

To amend the National Labor Relations Act to clarify the applicability of 

such Act with respect to States that have right to work laws in effect. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2011 

Mr. SCOTT of South Carolina (for himself, Mr. WILSON of South Carolina, 

Mr. GOWDY, Mr. DUNCAN of South Carolina, and Mr. MULVANEY) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the National Labor Relations Act to clarify the 

applicability of such Act with respect to States that 

have right to work laws in effect. 

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 ‘‘Job Protection Act’’. 

5 SEC. 2. APPLICATION TO CERTAIN SPEECH, BUSINESS DE6 CISIONS. 

7 (a) UNFAIR LABOR PRACTICES.—Section 8(a)(3) of 

8 the National Labor Relations Act (29 U.S.C. 158(a)(3)) 

9 is amended by inserting before the semicolon at the end 


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1 the following: ‘‘: Provided further, That an employer’s ex2 pression of any views, argument, or opinion related to the 

3 costs associated with collective bargaining, work stop4 pages, or strikes, or the dissemination of such views, argu5 ments, or opinions, whether in written, printed, graphic, 

6 digital, or visual form, shall not constitute or be evidence 

7 of antiunion animus or unlawful motive, if such expression 

8 contains no threat of reprisal or force or promise of ben9 efit’’. 

10 (b) PREVENTION OF UNFAIR LABOR PRACTICES.— 

11 Section 10 of the National Labor Relations Act (29 U.S.C. 

12 160) is amended— 

13 (1) in subsection (a), by inserting after the pe14 riod at the end the following: ‘‘: Provided further, 

15 That the Board shall have no power to order any 

16 employer to relocate, shut down, or transfer any ex17 isting or planned facility or work or employment op18 portunity, or prevent any employer from making 

19 such relocations, transfers, or expansions to new or 

20 existing facilities in the future, or prevent any em21 ployer from closing a facility, not developing a facil22 ity, or eliminating any employment opportunity un23 less and until the employer has been adjudicated fi24 nally to have unlawfully undertaken such actions— 


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1 ‘‘(1) without advance notice to the labor organi2 zation, if any, representing the bargaining unit of 

3 the affected employees, of the economic reason(s) for 

4 the relocation, shut down, or transfer of existing or 

5 future work; or 

6 ‘‘(2) as a primary and direct response to efforts 

7 by a labor organization to organize a previously un8 represented workplace’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(n) Nothing in this Act shall prevent an employer 

11 from choosing where to locate, develop, or expand its busi12 ness or facilities, or require any employer to move, trans13 fer, or relocate any facility, production line, or employment 

14 opportunity, or require that an employer cease or refrain 

15 from doing so, or prevent any employer from closing a fa16 cility or eliminating any employment opportunity unless 

17 the employer has been adjudicated finally to have unlaw18 fully undertaken such actions— 

19 ‘‘(1) without advance notice to the labor organi20 zation, if any, representing the bargaining unit of 

21 the affected employees, of the economic reason(s) for 

22 the relocation, shut down, or transfer of existing or 

23 future work; or 


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1 ‘‘(2) as a primary and direct response to efforts 

2 by a labor organization to organize a previously un3 represented workplace.’’. 

Æ 


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