I 

111TH CONGRESS 

2D SESSION H. R. 6436 

To amend the National Labor Relations Act to clarify the intent of Congress 

for Federal labor law preemption of State and local law, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2010 

Mr. CONYERS (for himself and Mr. FILNER) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To amend the National Labor Relations Act to clarify the 

intent of Congress for Federal labor law preemption of 

State and local law, and for other purposes. 

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 Public Funds 

5 Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Supreme Court ruling in Chamber of 

9 Commerce v. Brown, No. 06–939 (June 19, 2008), 


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1 significantly impairs the broad sovereign power of 

2 the States to decide how to spend State treasury 

3 funds. The Brown decision undermines this sov4 ereign power by unduly restricting the types of legis5 lation a State or local government can pass that af6 fect employer-employee labor relations and involve 

7 the receipt of State funds. 

8 (2) The Court’s decision misinterprets Congres9 sional intent in the National Labor Relations Act 

10 (29 U.S.C. 151 et seq.), by characterizing State leg11 islation that limits the use of State or local govern12 ment funds to assist, deter, or promote union orga13 nizing as regulation that Congress intended to pro14 hibit by enacting the NLRA. 

15 (3) Legislation directing State or local public 

16 funds away from union organizing activity or expres17 sion is consistent, not inconsistent, with Congres18 sional intent and the express language of section 

19 8(c) of the NLRA, which ensures that speech that 

20 is neither coercive nor a promise of a benefit shall 

21 not be deemed an unfair labor practice, or evidence 

22 of an unfair labor practice. 

23 (4) Congress by this provision intended no pre24 emption of State and local governments placing limVerDate Mar 15 2010 02:38 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6436.IH H6436

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1 its on the use of State and local governmental funds 

2 to assist, deter, or promote union organizing. 

3 (5) Congress has forbidden recipients of Head 

4 Start funds, Workforce Investment Act funds, and 

5 National Community Service Act funds, from using 

6 Federal funds to assist promote, or deter union or7 ganizing. As such, policies that protect the integrity 

8 of public funds by directing State or local funds 

9 away from labor-related activity are consistent, not 

10 inconsistent, with the national labor policy. 

11 (6) Legislation that limits the use of State or 

12 local funds in connection with union organizing nei13 ther compels or forbids employer or employee advo14 cacy for or against union organizing. 

15 (7) Restrictions on the use of State or local 

16 government funds in connection with union orga17 nizing do not prevent employers from spending their 

18 own, non-government procured funds, to assist, pro19 mote, or deter union advertising. 

20 (8) A State or local government restriction on 

21 the use of State funds in connection with union or22 ganizing does not regulate activity that the NLRA 

23 protects or prohibits. 

24 (9) Restrictions on the use of State or local 

25 government funds in connection with union orgaVerDate Mar 15 2010 02:38 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6436.IH H6436

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1 nizing is not the regulation of activity that Congress 

2 intended to be controlled by the free play of eco3 nomic forces. 

4 (10) Restrictions on the use of State or local 

5 government funds in connection with union orga6 nizing allow State and local governments to main7 tain their neutrality in union organizing campaigns 

8 and prevent the misappropriation of tax dollars. 

9 SEC. 3. CLARIFYING THE EXTENT OF STATE AND LOCAL 

10 LAW PREEMPTION UNDER THE NATIONAL 

11 LABOR RELATIONS ACT. 

12 Section 8(c) of the National Labor Relations Act, as 

13 amended (29 U.S.C. 158), is amended— 

14 (1) by inserting ‘‘(1)’’ before ‘‘The’’; and 

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

16 ‘‘(2) Nothing in this Act shall be interpreted to 

17 preempt any provision of State or local law that 

18 places limitations on the use of public funds or prop19 erty to assist, deter or promote union organizing.’’. 

20 SEC. 4. RULE OF CONSTRUCTION. 

21 Nothing in this Act shall be construed as a Congres22 sional endorsement or rejection of preemption rulings 

23 other than as explicitly provided for in this Act. 

Æ 


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