I 

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 


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•HR 1176 IH

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the right of employees under the National 

9 Labor Relations Act to choose whether to be rep10 resented by a labor organization by way of secret 

11 ballot election conducted by the National Labor Re12 lations Board is among the most important protec13 tions afforded under Federal labor law; 

14 (2) the right of employees to choose by secret 

15 ballot is the only method that ensures a choice free 

16 of coercion, intimidation, irregularity, or illegality; 

17 and 

18 (3) the recognition of a labor organization by 

19 using a private agreement, rather than a secret bal20 lot election overseen by the National Labor Relations 

21 Board, threatens the freedom of employees to choose 


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1 whether to be represented by a labor organization, 

2 and severely limits the ability of the National Labor 

3 Relations Board to ensure the protection of workers. 

4 SEC. 3. NATIONAL LABOR RELATIONS ACT. 

5 (a) RECOGNITION OF REPRESENTATIVE.— 

6 (1) IN GENERAL.—Section 8(a)(2) of the Na7 tional Labor Relations Act (29 U.S.C. 158(a)(2)) is 

8 amended by inserting before the colon the following: 

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

10 organization that has not been selected by a major11 ity of such employees in a secret ballot election con12 ducted by the National Labor Relations Board in ac13 cordance with section 9’’. 

14 (2) APPLICATION.—The amendment made by 

15 subsection (a) shall not apply to collective bar16 gaining relationships in which a labor organization 

17 with majority support was lawfully recognized before 

18 the date of the enactment of this Act. 

19 (b) ELECTION REQUIRED.— 

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

21 Labor Relations Act (29 U.S.C. 158(b)), as amend22 ed by subsection (c) of this section, is amended— 

23 (A) by striking ‘‘and’’ at the end of para24 graph (6); 


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1 (B) by striking the period at the end of 

2 paragraph (7) and inserting ‘‘; and’’; and 

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

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

5 to recognize or bargain collectively with a represent6 ative of a labor organization that has not been se7 lected by a majority of such employees in a secret 

8 ballot election conducted by the National Labor Re9 lations Board in accordance with section 9.’’. 

10 (2) APPLICATION.—The amendment made by 

11 paragraph (1) shall not apply to collective bar12 gaining relationships that were recognized before the 

13 date of the enactment of this Act. 

14 (c) SECRET BALLOT ELECTION.—Section 9(a) of the 

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

16 amended— 

17 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

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

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

20 by the National Labor Relations Board in accord21 ance with this section’’; and 

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

23 ‘‘(2) The secret ballot election requirement of 

24 paragraph (1) shall not apply to collective barVerDate Nov 24 2008 07:35 Feb 26, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1176.IH H1176

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1 gaining relationships that were recognized before the 

2 date of the enactment of this Act.’’. 

3 SEC. 4. REGULATIONS. 

4 Not later than 6 months after the date of the enact5 ment of this Act the National Labor Relations Board shall 

6 review and revise all regulations promulgated before such 

7 date to implement the amendments made in this Act to 

8 the National Labor Relations Act. 

Æ 


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