I 

113TH CONGRESS 

1ST SESSION H. R. 795 

To amend the National Labor Relations Act to modify the authority of 

the National Labor Relations Board with respect to rulemaking, issuance 

of complaints, and authority over unfair labor practices. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2013 

Mr. AUSTIN SCOTT of Georgia (for himself, Mr. WESTMORELAND, Mrs. 

BLACKBURN, Mr. NUNNELEE, Mr. WILSON of South Carolina, Mr. 

MULVANEY, Mr. COLLINS of Georgia, Mr. CRAWFORD, Mr. HUIZENGA of 

Michigan, Mr. FLEISCHMANN, Mr. GRIFFIN of Arkansas, Mr. COLE, Mr. 

DESANTIS, Mr. DUNCAN of South Carolina, Mr. LAMALFA, Mr. 

WALBERG, Mr. MEADOWS, Mr. BROOKS of Alabama, Mr. KINGSTON, 

Mrs. BLACK, Mr. GINGREY of Georgia, Mr. BROUN of Georgia, Mr. 

LONG, and Mr. MULLIN) 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 modify the 

authority of the National Labor Relations Board with 

respect to rulemaking, issuance of complaints, and authority over unfair labor practices. 

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 ‘‘Protecting American 

5 Jobs Act’’. 


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1 SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA2 TIONS ACT. 

3 (a) DUTIES OF THE GENERAL COUNSEL AND ADMIN4 ISTRATIVE LAW JUDGES.—The National Labor Relations 

5 Act (29 U.S.C. 151 et seq.) is amended— 

6 (1) in section 3(d), by striking ‘‘and issuance of 

7 complaints under section 10, and in respect of the 

8 prosecution of such complaints before the Board’’; 

9 and 

10 (2) in section 4(a), by striking the fourth sen11 tence. 

12 (b) CLARIFICATION OF THE BOARD’S RULEMAKING

13 AUTHORITY.—Section 6 of such Act (29 U.S.C. 156) is 

14 amended by adding at the end the following: ‘‘Such rule15 making authority shall be limited to rules concerning the 

16 internal functions of the Board and the Board is prohib17 ited from promulgating rules that affect the substantive 

18 rights of any person, employer, employee, or labor organi19 zation.’’. 

20 (c) INVESTIGATORY POWER AND ADJUDICATORY AU21 THORITY OVER UNFAIR LABOR PRACTICE ALLEGA22 TIONS.—Section 10 of such Act (29 U.S.C. 60) is amend23 ed— 

24 (1) in subsection (a)— 

25 (A) by striking ‘‘prevent any person from 

26 engaging in’’ and inserting ‘‘investigate’’; and 


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1 (B) by striking ‘‘This power shall’’ and all 

2 that follows through the end of the subsection; 

3 (2) in subsection (b)— 

4 (A) by striking ‘‘Whenever it is charged’’ 

5 and inserting ‘‘Whenever it appears’’; 

6 (B) by striking ‘‘or is engaging in’’ and in7 serting ‘‘, is engaging in, or is about to engage 

8 in’’; 

9 (C) by striking ‘‘the Board, or any agent’’ 

10 and all that follows through ‘‘Provided, That no 

11 complaint shall be issued’’ and inserting ‘‘the 

12 aggrieved party may bring a civil action for 

13 such relief (including injunctions) as may be 

14 appropriate. Any such action may be brought in 

15 the district court of the United States where 

16 the violation occurred, or at the option of the 

17 parties, in the United States District Court for 

18 the District of Columbia. No civil action may be 

19 brought’’; 

20 (D) by striking ‘‘charge with the Board 

21 and the service of a copy thereof upon the per22 son against whom such charge is made’’ and in23 sert ‘‘civil action’’; and 

24 (E) by striking ‘‘Any such complaint may 

25 be amended’’ and all that follows through ‘‘Any 


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1 such proceeding shall, so far as practicable,’’ 

2 and insert ‘‘Any such proceeding shall’’; 

3 (3) by striking subsections (c) through (k) and 

4 redesignating subsection (l) as subsection (c); and 

5 (4) in subsection (c) (as so redesignated)— 

6 (A) by striking ‘‘Whenever it is charged’’ 

7 and inserting ‘‘Whenever it is alleged’’; 

8 (B) in the first sentence, by striking 

9 ‘‘charge’’ both places it appears and inserting 

10 ‘‘allegation’’; and 

11 (C) by striking ‘‘and that a complaint 

12 should issue, he shall’’ and all that follows 

13 through the end of the subsection and inserting 

14 ‘‘, the officer or regional attorney shall, on be15 half of the Board, submit a written summary of 

16 the findings to all parties involved in the alleged 

17 unfair labor practice.’’. 

18 SEC. 3. REGULATIONS. 

19 Not later than 6 months after the date of the enact20 ment of this Act, the National Labor Relations Board 

21 shall review and revise all regulations promulgated before 

22 such date to implement the amendments made by this Act. 

Æ 


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