II 

117TH CONGRESS 

1ST SESSION S. 882 

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 SENATE OF THE UNITED STATES 

MARCH 22, 2021 

Mr. LEE (for himself, Mrs. BLACKBURN, Mr. BRAUN, and Mr. PAUL) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

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’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 882 IS

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) (29 U.S.C. 153(d)), by strik7 ing ‘‘investigation of charges and issuance of com8 plaints under section 10, and in respect of the pros9 ecution of such complaints before the Board’’ and 

10 inserting ‘‘investigation of allegations under section 

11 10’’; and 

12 (2) in section 4(a) (29 U.S.C. 154(a)), by strik13 ing the fourth sentence. 

14 (b) CLARIFICATION OF THE BOARD’S RULEMAKING

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

16 amended by adding at the end the following: ‘‘Such rule17 making authority shall be limited to rules concerning the 

18 internal functions of the Board. The Board shall not pro19 mulgate rules or regulations that affect the substantive 

20 or procedural rights of any person, employer, employee, 

21 or labor organization, including rules and regulations con22 cerning unfair labor practices and representation elec23 tions.’’. 

24 (c) UNFAIR LABOR PRACTICES.—Section 8(a)(4) of 

25 such Act (29 U.S.C. 158(a)(4)) is amended by striking 

26 ‘‘charges’’ and inserting ‘‘a civil action’’. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 882 IS

1 (d) INVESTIGATORY POWER AND ADJUDICATORY AU2 THORITY OVER UNFAIR LABOR PRACTICE ALLEGA3 TIONS.—Section 10 of such Act (29 U.S.C. 160) is amend4 ed— 

5 (1) in subsection (a)— 

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

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

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

9 that follows through the end of the subsection; 

10 (2) in subsection (b)— 

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

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

13 (B) by striking ‘‘or is engaging in’’ and in14 serting ‘‘, is engaging in, or is about to engage 

15 in’’; 

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

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

18 complaint shall issue’’ and inserting ‘‘the ag19 grieved person may bring a civil action for such 

20 relief (including an injunction) as may be ap21 propriate. Any such civil action may be brought 

22 in the district court of the United States where 

23 the violation occurred, or, at the option of the 

24 parties, in the United States District Court for 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 882 IS

1 the District of Columbia. No civil action may be 

2 brought’’; 

3 (D) by striking ‘‘charge with the Board’’ 

4 and all that follows through ‘‘prevented from 

5 filing such charge’’ and inserting ‘‘civil action, 

6 unless the person aggrieved thereby was pre7 vented from filing such civil action’’; and 

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

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

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

11 and inserting ‘‘Any proceeding under this sub12 section shall’’; 

13 (3) by striking subsections (c) through (k); 

14 (4) by redesignating subsections (l) and (m) as 

15 subsections (c) and (d), respectively; 

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

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

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

19 (B) in the first sentence, by striking 

20 ‘‘charge’’ and inserting ‘‘allegation’’; and 

21 (C) by striking ‘‘such charge is true and 

22 that a complaint should issue, he shall’’ and all 

23 that follows through the end of the subsection 

24 and inserting ‘‘such allegation is true, the offi25 cer or regional attorney shall, on behalf of the 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 882 IS

1 Board, submit a written summary of the find2 ings to all parties involved in the alleged unfair 

3 labor practice.’’; and 

4 (6) in subsection (d) (as so redesignated)— 

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

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

7 (B) by striking ‘‘such charge’’ and insert8 ing ‘‘such allegation’’; and 

9 (C) by striking ‘‘and cases given priority 

10 under subsection (i)’’. 

11 (e) CONFORMING AMENDMENTS.—The National 

12 Labor Relations Act (29 U.S.C. 151 et seq.) is amended— 

13 (1) in section 9 (29 U.S.C. 159)— 

14 (A) in subsection (c)(2), by striking ‘‘and 

15 in no case shall the Board’’ and all that follows 

16 through the end of such subsection and insert17 ing a period; 

18 (B) by striking subsection (d); and 

19 (C) by redesignating subsection (e) as sub20 section (d); 

21 (2) in section 3(b) (29 U.S.C. 153(b)), by strik22 ing ‘‘or (e) of section 9’’ and inserting ‘‘or (d) of 

23 section 9’’; 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 882 IS

1 (3) in section 8 (29 U.S.C. 158), by striking 

2 ‘‘9(e)’’ each place it appears and inserting ‘‘9(d)’’; 

3 and 

4 (4) in section 18 (29 U.S.C. 168), by striking 

5 ‘‘section 10 (e) or (f)’’ and inserting ‘‘subsection (e) 

6 or (f) of section 10, as such subsections were in ef7 fect on the day before the date of enactment of the 

8 Protecting American Jobs Act,’’. 

9 SEC. 3. REGULATIONS. 

10 Not later than 6 months after the date of enactment 

11 of this Act, the National Labor Relations Board shall re12 view all regulations promulgated before such date of enact13 ment and revise or rescind any such regulations as nec14 essary to implement the amendment made by section 2(b). 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS