II 

108TH CONGRESS 

2D SESSION S. 2637 

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 

JULY 9, 2004 

Mr. GRAHAM of South Carolina 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 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 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the right of employees under the National 

9 Labor Relations Act to choose whether to be rep-
2 

•S 2637 IS 

1 resented by a labor organization by way of secret 

2 ballot election conducted by the National Labor Re3 lations Board is among the most important protec4 tions afforded under Federal labor law; 

5 (2) the right of employees to choose by secret 

6 ballot is the only method that ensures a choice free 

7 of coercion, intimidation, irregularity, or illegality; 

8 and 

9 (3) the recognition of a labor organization by 

10 using a private agreement, rather than a secret bal11 lot election overseen by the National Labor Relations 

12 Board, threatens the freedom of employees to choose 

13 whether to be represented by a labor organization, 

14 and severely limits the ability of the National Labor 

15 Relations Board to ensure the protection of workers. 

16 SEC. 3. NATIONAL LABOR RELATIONS ACT. 

17 (a) RECOGNITION OF REPRESENTATIVE.— 

18 (1) IN GENERAL.—Section 8(a)(2) of the Na19 tional Labor Relations Act (29 U.S.C. 158(a)(2)) is 

20 amended by inserting before the colon the following: 

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

22 organization that has not been selected by a major23 ity of such employees in a secret ballot election con24 ducted by the National Labor Relations Board in ac25 cordance with section 9’’. 
3 

•S 2637 IS 

1 (2) APPLICATION.—The amendment made by 

2 subsection (a) shall not apply to collective bar3 gaining relationships in which a labor organization 

4 with majority support was lawfully recognized before 

5 the date of the enactment of this Act. 

6 (b) ELECTION REQUIRED.— 

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

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

10 (A) by striking ‘‘and’’ at the end of para11 graph (6); 

12 (B) by striking the period at the end of 

13 paragraph (7) and inserting ‘‘; and’’; and 

14 (C) by inserting after paragraph (7) the 

15 following: 

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

17 to recognize or bargain collectively with a represent18 ative of a labor organization that has not been se19 lected by a majority of such employees in a secret 

20 ballot election conducted by the National Labor Re21 lations Board in accordance with section 9.’’. 

22 (2) APPLICATION.—The amendment made by 

23 paragraph (1) shall not apply to collective bar24 gaining relationships that were recognized before the 

25 date of the enactment of this Act. 
4 

•S 2637 IS 

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

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

3 amended— 

4 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

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

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

7 by the National Labor Relations Board in accord8 ance with this section’’; and 

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

10 ‘‘(2) The secret ballot election requirement of para11 graph (1) shall not apply to collective bargaining relation12 ships that were recognized before the date of the enact13 ment of this Act.’’. 

14 SEC. 4. REGULATIONS. 

15 Not later than 6 months after the date of the enact16 ment of this Act the National Labor Relations Board shall 

17 review and revise all regulations promulgated before such 

18 date to implement the amendments made in this Act to 

19 the National Labor Relations Act. 

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