II 

113TH CONGRESS 

2D SESSION S. 2885 

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 

SEPTEMBER 18, 2014 

Mr. LEE 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’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 2885 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), by striking ‘‘and issuance of 

7 complaints under section 10, and in respect of the 

8 prosecution of such complaints before the Board’’; 

9 and 

10 (2) in section 4(a), by striking the fourth sen11 tence. 

12 (b) CLARIFICATION OF THE BOARD’S RULEMAKING

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

14 amended by adding at the end the following: ‘‘Such rule15 making authority shall be limited to rules concerning the 

16 internal functions of the Board. The Board shall not pro17 mulgate rules or regulations that affect the substantive 

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

19 or labor organization, including rules and regulations con20 cerning unfair labor practices and representation elec21 tions.’’. 

22 (c) INVESTIGATORY POWER AND ADJUDICATORY AU23 THORITY OVER UNFAIR LABOR PRACTICE ALLEGA24 TIONS.—Section 10 of such Act (29 U.S.C. 160) is amend25 ed— 

26 (1) in subsection (a)— 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 2885 IS

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

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

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

4 that follows through the end of the subsection; 

5 (2) in subsection (b)— 

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

7 and inserting ‘‘Whenever it appears’’; 

8 (B) by striking ‘‘or is engaging in’’ and in9 serting ‘‘, is engaging in, or is about to engage 

10 in’’; 

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

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

13 complaint shall issue’’ and inserting ‘‘the ag14 grieved person may bring a civil action for such 

15 relief (including an injunction) as may be ap16 propriate. Any such civil action may be brought 

17 in the district court of the United States where 

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

19 parties, in the United States District Court for 

20 the District of Columbia. No civil action may be 

21 brought’’; 

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

23 and all that follows through ‘‘prevented from 

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


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 2885 IS

1 unless the person aggrieved thereby was pre2 vented from filing such civil action’’; and 

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

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

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

6 and inserting ‘‘Any proceeding under this sub7 section shall’’; 

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

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

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

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

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

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

14 (B) in the first sentence, by striking 

15 ‘‘charge’’ and inserting ‘‘allegation’’; and 

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

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

18 that follows through the end of the subsection 

19 and inserting ‘‘such allegation is true, the offi20 cer or regional attorney shall, on behalf of the 

21 Board, submit a written summary of the find22 ings to all parties involved in the alleged unfair 

23 labor practice.’’; and 

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


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 2885 IS

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

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

3 (B) by striking ‘‘such charge’’ and insert4 ing ‘‘such allegation’’; and 

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

6 under subsection (i)’’. 

7 (d) CONFORMING AMENDMENTS.—Such Act is 

8 amended— 

9 (1) in section 9 (29 U.S.C. 159)— 

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

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

12 through the end of such subsection and insert13 ing a period; 

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

15 (C) by redesignating subsection (e) as sub16 section (d); 

17 (2) in section 3(b) (29 U.S.C. 153(b)), by strik18 ing ‘‘or (e) of section 9’’ and inserting ‘‘or (d) of 

19 section 9’’; 

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

21 ‘‘9(e)’’ each place it appears and inserting ‘‘9(d)’’; 

22 and 

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

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

25 or (f) of section 10, as such subsections were in efVerDate Sep 11 2014 00:10 Oct 01, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2885.IS S2885

SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 2885 IS

1 fect on the day before the date of enactment of the 

2 Protecting American Jobs Act,’’. 

3 SEC. 3. REGULATIONS. 

4 Not later than 6 months after the date of the enact5 ment of this Act, the National Labor Relations Board 

6 shall review and revise all regulations promulgated before 

7 such date to implement the amendments made by this Act. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS