II 

112TH CONGRESS 

1ST SESSION S. 964 

To amend the National Labor Relations Act to clarify the applicability of 

such Act with respect to States that have right to work laws in effect. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mr. ALEXANDER (for himself, Mr. GRAHAM, Mr. DEMINT, Mr. PAUL, Mr. 

CORNYN, Mr. LUGAR, Mr. SHELBY, Mr. ISAKSON, Mr. RISCH, Mr. 

BOOZMAN, Mr. LEE, Mr. KYL, Mr. VITTER, Mr. COCHRAN, Mr. COBURN, 

Mr. GRASSLEY, Mrs. HUTCHISON, Mr. HOEVEN, Mr. JOHANNS, Mr. 

JOHNSON of Wisconsin, Mr. MCCONNELL, Mr. BARRASSO, Mr. BURR, 

Mr. ROBERTS, Mr. SESSIONS, Mr. HATCH, Mr. ENZI, Mr. CHAMBLISS, 

Mr. INHOFE, Mr. HELLER, Mr. MCCAIN, Mr. WICKER, Mr. RUBIO, and 

Mr. CORKER) 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 clarify the 

applicability of such Act with respect to States that 

have right to work laws in effect. 

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 ‘‘Job Protection Act’’. 


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1 SEC. 2. APPLICATION TO CERTAIN SPEECH, BUSINESS DE2 CISIONS. 

3 (a) UNFAIR LABOR PRACTICES.—Section 8(a)(3) of 

4 the National Labor Relations Act (29 U.S.C. 158(a)(3)) 

5 is amended by inserting before the semicolon at the end 

6 the following: ‘‘: Provided further, That an employer’s ex7 pression of any views, argument, or opinion related to the 

8 costs associated with collective bargaining, work stop9 pages, or strikes, or the dissemination of such views, argu10 ments, or opinions, whether in written, printed, graphic, 

11 digital, or visual form, shall not constitute or be evidence 

12 of antiunion animus or unlawful motive, if such expression 

13 contains no threat of reprisal or force or promise of ben14 efit’’. 

15 (b) PREVENTION OF UNFAIR LABOR PRACTICES.— 

16 Section 10 of the National Labor Relations Act (29 U.S.C. 

17 160) is amended— 

18 (1) in subsection (a), by inserting after the pe19 riod at the end the following: ‘‘: Provided further, 

20 That the Board shall have no power to order any 

21 employer to relocate, shut down, or transfer any ex22 isting or planned facility or work or employment op23 portunity, or prevent any employer from making 

24 such relocations, transfers, or expansions to new or 

25 existing facilities in the future, or prevent any em26 ployer from closing a facility, not developing a facilVerDate Mar 15 2010 20:26 May 17, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964

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1 ity, or eliminating any employment opportunity un2 less and until the employer has been adjudicated fi3 nally to have unlawfully undertaken such actions— 

4 ‘‘(1) without advance notice to the labor organi5 zation, if any, representing the bargaining unit of 

6 the affected employees, of the economic reason(s) for 

7 the relocation, shut down, or transfer of existing or 

8 future work; or 

9 ‘‘(2) as a primary and direct response to efforts 

10 by a labor organization to organize a previously un11 represented workplace’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(n) Nothing in this Act shall prevent an employer 

14 from choosing where to locate, develop, or expand its busi15 ness or facilities, or require any employer to move, trans16 fer, or relocate any facility, production line, or employment 

17 opportunity, or require that an employer cease or refrain 

18 from doing so, or prevent any employer from closing a fa19 cility or eliminating any employment opportunity unless 

20 the employer has been adjudicated finally to have unlaw21 fully undertaken such actions— 

22 ‘‘(1) without advance notice to the labor organi23 zation, if any, representing the bargaining unit of 

24 the affected employees, of the economic reason(s) for 


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1 the relocation, shut down, or transfer of existing or 

2 future work; or 

3 ‘‘(2) as a primary and direct response to efforts 

4 by a labor organization to organize a previously un5 represented workplace.’’. 

Æ 


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