II 

Calendar No. 141 

110TH CONGRESS 

1ST SESSION S. 1312 

To amend the National Labor Relations Act to ensure the right of employees 

to a secret-ballot election conducted by the National Labor Relations Board. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2007 

Mr. DEMINT (for himself, Mr. ALEXANDER, Mr. ALLARD, Mr. BROWNBACK, 

Mr. BUNNING, Mr. BURR, Mr. CHAMBLISS, Mr. COBURN, Mr. CORNYN, 

Mr. CRAIG, Mrs. DOLE, Mr. ENZI, Mr. GRASSLEY, Mr. INHOFE, Mr. 

KYL, Mr. LOTT, Mr. MARTINEZ, Mr. MCCAIN, Mr. MCCONNELL, Mr. 

ROBERTS, Mr. SESSIONS, Mr. THOMAS, Mr. VITTER, and Mr. WARNER) 

introduced the following bill; which was read the first time 

MAY 8, 2007 

Read the second time and placed on the calendar 

A BILL 

To amend the National Labor Relations Act to ensure the 

right of employees to a secret-ballot election conducted 

by the National Labor Relations Board. 

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 ‘‘Secret Ballot Protec5 tion Act of 2007’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The right of employees under the National 

4 Labor Relations Act (29 U.S.C. 151 et seq.) to 

5 choose whether to be represented by a labor organi6 zation by way of secret ballot election conducted by 

7 the National Labor Relations Board is among the 

8 most important protections afforded under Federal 

9 labor law. 

10 (2) The right of employees to choose by secret 

11 ballot is the only method that ensures a choice free 

12 of coercion, intimidation, irregularity, or illegality. 

13 (3) The recognition of a labor organization by 

14 using a private agreement, rather than a secret bal15 lot election overseen by the National Labor Relations 

16 Board, threatens the freedom of employees to choose 

17 whether to be represented by a labor organization, 

18 and severely limits the ability of the National Labor 

19 Relations Board to ensure the protection of workers. 

20 SEC. 3. NATIONAL LABOR RELATIONS ACT. 

21 (a) RECOGNITION OF REPRESENTATIVE.— 

22 (1) IN GENERAL.—Section 8(a)(2) of the Na23 tional Labor Relations Act (29 U.S.C. 158(a)(2)) is 

24 amended by inserting before the colon the following: 

25 ‘‘or to recognize or bargain collectively with a labor 

26 organization that has not been selected by a majorVerDate Aug 31 2005 03:55 May 09, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1312.PCS S1312

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1 ity of such employees in a secret ballot election con2 ducted by the National Labor Relations Board in ac3 cordance with section 9’’. 

4 (2) APPLICATION.—The amendment made by 

5 paragraph (1) shall not apply to collective bar6 gaining relationships in which a labor organization 

7 with majority support was lawfully recognized prior 

8 to the date of enactment of this Act. 

9 (b) ELECTION REQUIRED.— 

10 (1) IN GENERAL.—Section 8(b) of the National 

11 Labor Relations Act (29 U.S.C. 158(b)) is amend12 ed— 

13 (A) in paragraph (6), by striking ‘‘and’’ at 

14 the end; 

15 (B) in paragraph (7), by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(8) to cause or attempt to cause an employer 

19 to recognize or bargain collectively with a represent20 ative of a labor organization that has not been se21 lected by a majority of such employees in a secret 

22 ballot election conducted by the National Labor Re23 lations Board in accordance with section 9.’’. 

24 (2) APPLICATION.—The amendment made by 

25 paragraph (1) shall not apply to collective barVerDate Aug 31 2005 03:55 May 09, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1312.PCS S1312

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1 gaining relationships that were recognized prior to 

2 the date of enactment of this Act. 

3 (c) SECRET BALLOT ELECTION.—Section 9(a) of the 

4 National Labor Relations Act (29 U.S.C. 159(a)), is 

5 amended— 

6 (1) by striking ‘‘Representatives’’ and inserting 

7 ‘‘(1) Representatives’’; 

8 (2) by inserting after ‘‘designated or selected’’ 

9 the following: ‘‘by a secret ballot election conducted 

10 by the National Labor Relations Board in accord11 ance with this section’’; and 

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

13 ‘‘(2) The secret ballot election requirement under 

14 paragraph (1) shall not apply to collective bargaining rela15 tionships that were recognized before the date of the en16 actment of the Secret Ballot Protection Act of 2007.’’. 

17 SEC. 4. REGULATIONS AND AUTHORITY. 

18 (a) REGULATIONS.—Not later than 6 months after 

19 the date of the enactment of this Act, the National Labor 

20 Relations Board shall review and revise all regulations 

21 promulgated prior to such date of enactment to implement 

22 the amendments made by this Act. 

23 (b) AUTHORITY.—Nothing in this Act (or the amend24 ments made by this Act) shall be construed to limit or 


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1 otherwise diminish the remedial authority of the National 

2 Labor Relations Board. 


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Calendar No. 141 

110TH CONGRESS 

1ST SESSION S. 1312 

A BILL 

To amend the National Labor Relations Act to entions Board. election conducted by the National Labor Rela- sure the right of employees to a secret-ballot 

MAY 8, 2007 

Read the second time and placed on the calendar 


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