I 

108TH CONGRESS 

2D SESSION H. R. 4343

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 HOUSE OF REPRESENTATIVES 

MAY 12, 2004

Mr. NORWOOD (for himself, Mr. SAM JOHNSON of Texas, Mr. BALLENGER, 

Mr. DEMINT, Mr. ISAKSON, Mrs. BIGGERT, Mr. KELLER, Mr. WILSON

of South Carolina, Mr. KLINE, Mr. CARTER, Mrs. MUSGRAVE, Mrs. 

BLACKBURN, Mr. BOEHNER, Mr. AKIN, Mr. BARTLETT of Maryland, Mr. 

BURTON of Indiana, Mr. COBLE, Mr. DEAL of Georgia, Mr. DOOLITTLE, 

Mr. JONES of North Carolina, Mr. KING of Iowa, Mr. KINGSTON, Mr. 

LINDER, Mr. MILLER of Florida, Mr. OTTER, Mr. PENCE, Mr. SOUDER, 

Mr. VITTER, Mr. BARRETT of South Carolina, Mr. BROWN of South 

Carolina, Mr. FRANKS of Arizona, Mr. GARRETT of New Jersey, and Mr. 

BURNS) introduced the following bill; which was referred to the Committee on Education and the Workforce 

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’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds that—

3 (1) the right of employees under the National 

4 Labor Relations Act to choose whether to be rep5 resented by a labor organization by way of secret 

6 ballot election conducted by the National Labor Re7 lations Board is among the most important protec8 tions afforded under Federal labor law; 

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

10 ballot is the only method that ensures a choice free 

11 of coercion, intimidation, irregularity, or illegality; 

12 and 

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 major-
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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 subsection (a) shall not apply to collective bar6 gaining relationships in which a labor organization 

7 with majority support was lawfully recognized before 

8 the date of the 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)), as amend12 ed by subsection (c) of this section, is amended—

13 (A) by striking ‘‘and’’ at the end of para14 graph (6); 

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

16 paragraph (7) 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 bar-
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1 gaining relationships that were recognized before the 

2 date of the 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 inserting ‘‘(1) ’’after ‘‘(a)’’; 

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

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

9 by the National Labor Relations Board in accord10 ance with this section’’; and 

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

12 ‘‘(2) The secret ballot election requirement of 

13 paragraph (1) shall not apply to collective bar14 gaining relationships that were recognized before the 

15 date of the enactment of this Act.’’. 

16 SEC. 4. REGULATIONS. 

17 Not later than 6 months after the date of the enact18 ment of this Act the National Labor Relations Board shall 

19 review and revise all regulations promulgated before such 

20 date to implement the amendments made in this Act to 

21 the National Labor Relations Act.

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