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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1176 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1176

   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 HOUSE OF REPRESENTATIVES

                           February 25, 2009

Mr. Kline of Minnesota (for himself, Mr. Price of Georgia, Mr. McKeon, 
 Mr. Linder, Mr. Brown of South Carolina, Mr. Bonner, Mr. Gohmert, Mr. 
 Westmoreland, Mr. Sessions, Ms. Fallin, Mr. Herger, Mr. Shadegg, Mr. 
  Brady of Texas, Mr. Alexander, Mr. Burton of Indiana, Mr. Issa, Mr. 
Lamborn, Mr. Wilson of South Carolina, Mr. King of Iowa, Mr. Bishop of 
Utah, Mr. Jordan of Ohio, Mrs. Myrick, Mr. Fleming, Mrs. Blackburn, Mr. 
Conaway, Mr. McHenry, Mr. Cole, Mr. Goodlatte, Mrs. Bachmann, Mr. Wamp, 
   Mr. Bachus, Mr. Neugebauer, Mr. Rooney, Mr. Hunter, Mr. Franks of 
 Arizona, Mr. Marchant, Mr. Lee of New York, Mr. Pitts, Mr. Bartlett, 
 Mr. McCaul, Mr. Boehner, Mr. Gingrey of Georgia, Mr. Pence, Mr. Broun 
 of Georgia, Mr. Chaffetz, Mr. Harper, Mr. Kingston, Mr. Crenshaw, Mr. 
    Coble, Mr. Heller, Mr. Barrett of South Carolina, Mr. Miller of 
Florida, Mr. Sam Johnson of Texas, Mr. Smith of Texas, Mr. Simpson, Mr. 
 Souder, Mr. Smith of Nebraska, Mrs. Schmidt, Mr. Akin, Mr. Sullivan, 
Mr. Hensarling, Mr. Culberson, Mr. Boustany, Mr. Putnam, Mr. Manzullo, 
    Mr. Flake, Mr. Mack, Mr. McClintock, Mrs. Lummis, Ms. Foxx, Mr. 
 Scalise, Mr. Olson, Mr. Barton of Texas, Mr. Coffman of Colorado, Mr. 
Inglis, Mr. Forbes, Mr. Gary G. Miller of California, Mr. Cassidy, Mr. 
Boozman, Mrs. McMorris Rodgers, Mr. Schock, Mr. Campbell, Mr. Calvert, 
 Mr. Latta, Ms. Jenkins, Mr. Stearns, Mr. Roe of Tennessee, Mr. Daniel 
E. Lungren of California, Mr. Thompson of Pennsylvania, Mr. Carter, Mr. 
Paulsen, Mr. Posey, Mr. Deal of Georgia, Mr. Buyer, Mr. Thornberry, Mr. 
Lucas, Mr. Tiberi, Mr. Shuster, Mr. Tiahrt, Mr. Upton, Mr. Latham, Mr. 
   Jones, Mr. Bilbray, and Mr. Garrett of New Jersey) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 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''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the right of employees under the National Labor 
        Relations Act 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; and
            (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 subsection (a) 
        shall not apply to collective bargaining relationships in which 
        a labor organization with majority support was lawfully 
        recognized before the date of the 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)), as amended by subsection (c) 
        of this section, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (6);
                    (B) by striking the period at the end of paragraph 
                (7) 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 before the date of the 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 inserting ``(1)'' after ``(a)'';
            (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:
            ``(2) The secret ballot election requirement of paragraph 
        (1) shall not apply to collective bargaining relationships that 
        were recognized before the date of the enactment of this 
        Act.''.

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 before such date to implement the amendments 
made in this Act to the National Labor Relations Act.
                                 <all>
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