I 

112TH CONGRESS 

1ST SESSION H. R. 1047 

To amend the National Labor Relations Act to protect State requirements 

for a secret ballot election of labor organizations. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2011 

Mr. DUNCAN of South Carolina (for himself, Mr. CHAFFETZ, Mr. BISHOP of 

Utah, Mrs. NOEM, Mr. SCOTT of South Carolina, Mr. WILSON of South 

Carolina, Mr. GOWDY, Mr. MULVANEY, Mr. GOSAR, Mr. ROSS of Florida, 

Mr. KINGSTON, Mr. STUTZMAN, Mr. NEUGEBAUER, Mr. YODER, Mr. 

LAMBORN, Mr. BURTON of Indiana, Mr. GOHMERT, Mr. FLORES, Mr. 

GINGREY of Georgia, Ms. FOXX, Mr. SESSIONS, Mr. HUELSKAMP, Mr. 

WESTMORELAND, Mr. MCHENRY, Mr. KING of Iowa, Mr. PITTS, Mr. 

ROKITA, and Mr. HERGER) 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 protect State 

requirements for a secret ballot election of labor organizations. 

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 ‘‘State Right to Vote 

5 Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the right of employees under the National 

4 Labor Relations Act to choose whether to be rep5 resented by a labor organization by way of secret 

6 ballot election conducted by the National Labor Re7 lations Board is among the most important protec8 tions afforded under Federal labor law; 

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

10 ballot is the only method that ensures a choice free 

11 of coercion, intimidation, irregularity, or illegality; 

12 (3) the recognition of a labor organization by 

13 using a private agreement, rather than a secret bal14 lot election overseen by the National Labor Relations 

15 Board, threatens the freedom of employees to choose 

16 whether to be represented by a labor organization, 

17 and severely limits the ability of the Board to ensure 

18 the protection of workers; 

19 (4) the States under section 14(b) of the Act 

20 have the option to prohibit agreements requiring 

21 membership in a labor organization as a condition of 

22 employment; and 

23 (5) in order to further the rights of employees 

24 to be free in their choice of representation by a labor 

25 organization, the States should have the option to 

26 prohibit labor organization representation of employVerDate Mar 15 2010 22:02 Mar 14, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1047.IH H1047

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1 ees unless the labor organization is selected via a se2 cret ballot election conducted by the Board. 

3 SEC. 3. PROTECTION OF STATE RIGHT TO REQUIRE SE4 CRET BALLOT ELECTIONS. 

5 (a) REPRESENTATION OF EMPLOYEES WITHOUT SE6 CRET BALLOT ELECTION IN VIOLATION OF STATE

7 LAW.—Section 14 of the National Labor Relations Act 

8 (29 U.S.C. 164) is amended by adding at the end the fol9 lowing: 

10 ‘‘(d)(1) Nothing in this Act shall be construed as au11 thorizing or recognizing a labor organization as the rep12 resentative of employees unless the labor organization has 

13 been selected by a majority of such employees in a secret 

14 ballot election conducted by the National Labor Relations 

15 Board in any State or Territory in which such labor orga16 nization recognition is prohibited by State or Territorial 

17 law unless recognition is accomplished through a secret 

18 ballot election conducted by the Board. 

19 ‘‘(2) No agency of the Federal Government may bring 

20 any challenge against a State statute or constitutional pro21 vision which protects the right of employees to choose 

22 labor organization representatives through secret ballot 

23 elections.’’. 

24 (b) REGULATIONS.—Not later than 6 months after 

25 the date of the enactment of this Act the National Labor 


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1 Relations Board shall review and revise as necessary any 

2 regulations promulgated before such date to implement 

3 the amendments made by this Act to the National Labor 

4 Relations Act. 

Æ 


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