II 

117TH CONGRESS 

1ST SESSION S. 406 

To preserve and protect the free choice of individual employees to form, 

join, or assist labor organizations, or to refrain from such activities. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2021 

Mr. PAUL (for himself, Mr. SCOTT of South Carolina, Ms. ERNST, Mr. MARSHALL, Mr. GRASSLEY, Mr. BARRASSO, Mr. CORNYN, Mr. BOOZMAN, Mr. 

SCOTT of Florida, Mr. CRAMER, Mr. WICKER, Mr. BRAUN, Mr. BURR, 

Mr. CRUZ, Mr. INHOFE, and Ms. LUMMIS) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to 

refrain from such activities. 

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 ‘‘National Right-to5 Work Act’’. 


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•S 406 IS

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

3 (a) RIGHTS OF EMPLOYEES.—Section 7 of the Na4 tional Labor Relations Act (29 U.S.C. 157) is amended 

5 by striking ‘‘except to’’ and all that follows through ‘‘au6 thorized in section 8(a)(3)’’. 

7 (b) UNFAIR LABOR PRACTICES.—Section 8 of the 

8 National Labor Relations Act (29 U.S.C. 158) is amend9 ed— 

10 (1) in subsection (a)(3), by striking ‘‘: Provided, 

11 That’’ and all that follows through ‘‘retaining mem12 bership’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (2), by striking ‘‘or to 

15 discriminate’’ and all that follows through ‘‘re16 taining membership’’; and 

17 (B) in paragraph (5), by striking ‘‘covered 

18 by an agreement authorized under subsection 

19 (a)(3)’’; and 

20 (3) in subsection (f)— 

21 (A) by striking clause (2) and redesig22 nating clauses (3) and (4) as clauses (2) and 

23 (3), respectively; and 

24 (B) by striking ‘‘Provided, That nothing in 

25 this subsection shall set aside the final proviso 


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•S 406 IS

1 to section 8(a)(3) of this Act: Provided further,’’ 

2 and inserting ‘‘Provided,’’. 

3 (c) ADDITIONAL CONFORMING AMENDMENTS.— 

4 (1) NATIONAL LABOR RELATIONS ACT.—The 

5 National Labor Relations Act (29 U.S.C. 151 et 

6 seq.) is amended— 

7 (A) in section 9 (29 U.S.C. 159), by strik8 ing subsection (e); 

9 (B) in section 3(b) (29 U.S.C. 153(b)), by 

10 striking ‘‘or (e)’’; and 

11 (C) in section 8(f) (29 U.S.C. 158(f)), as 

12 amended by subsection (b)(3), by striking ‘‘or 

13 9(e)’’. 

14 (2) OTHER LAWS.—Section 453A(a)(2)(B)(ii) 

15 of the Social Security Act (42 U.S.C. 

16 653a(a)(2)(B)(ii)) is amended by striking ‘‘section 

17 8(f)(3)’’ and inserting ‘‘section 8(f)(2)’’. 

18 SEC. 3. AMENDMENT TO THE RAILWAY LABOR ACT. 

19 Section 2 of the Railway Labor Act (45 U.S.C. 152) 

20 is amended— 

21 (1) by striking the Eleventh paragraph under 

22 the heading for general duties; and 

23 (2) by redesignating the Twelfth paragraph 

24 under the heading for general duties as the Eleventh 

25 paragraph. 


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•S 406 IS

1 SEC. 4. EFFECTIVE DATE. 

2 This Act, and the amendments made by this Act, 

3 shall apply to any agreement entered into or renewed after 

4 the date of enactment of this Act. 

Æ 


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