I 

112TH CONGRESS 

1ST SESSION H. R. 2978 

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2011 

Mr. AUSTIN SCOTT of Georgia (for himself, Mr. WESTMORELAND, Mrs. 

BLACKBURN, Mr. NUNNELEE, Mr. WILSON of South Carolina, Mr. 

MULVANEY, Mr. LONG, Mr. ROSS of Florida, Mr. BROUN of Georgia, Mr. 

FLEISCHMANN, Mrs. ELLMERS, Mr. CANSECO, Mr. LANDRY, Mr. DUNCAN of South Carolina, Mr. FLORES, Mr. FLEMING, Mr. FRANKS of Arizona, Mr. FARENTHOLD, Mr. CRAWFORD, Mrs. BLACK, Mr. GINGREY of 

Georgia, Mr. BROOKS, Mrs. ROBY, Mr. PITTS, Mr. KINGSTON, Mr. PAUL, 

and Mr. RIBBLE) 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 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’’. 


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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 and the Board is prohib17 ited from promulgating rules that affect the substantive 

18 rights of any person, employer, employee, or labor organi19 zation.’’. 

20 (c) INVESTIGATORY POWER AND ADJUDICATORY AU21 THORITY OVER UNFAIR LABOR PRACTICE ALLEGA22 TIONS.—Section 10 of such Act (29 U.S.C. 60) is amend23 ed— 

24 (1) in subsection (a)— 

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

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


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

2 that follows through the end of the subsection; 

3 (2) in subsection (b)— 

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

5 and inserting ‘‘Whenever it appears’’; 

6 (B) by striking ‘‘or is engaging in’’ and in7 serting ‘‘, is engaging in, or is about to engage 

8 in’’; 

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

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

11 complaint shall be issued’’ and inserting ‘‘the 

12 aggrieved party may bring a civil action for 

13 such relief (including injunctions) as may be 

14 appropriate. Any such action may be brought in 

15 the district court of the United States where 

16 the violation occurred, or at the option of the 

17 parties, in the United States District Court for 

18 the District of Columbia. No civil action may be 

19 brought’’; 

20 (D) by striking ‘‘charge with the Board 

21 and the service of a copy thereof upon the per22 son against whom such charge is made’’ and in23 sert ‘‘civil action’’; and 

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

25 be amendment’’ and all that follows through 


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1 ‘‘Any such proceeding shall, so far as prac2 ticable,’’ and insert ‘‘Any such proceeding 

3 shall’’; 

4 (3) by striking subsections (c) through (k) and 

5 redesignating subsection (l) as subsection (c); and 

6 (4) in subsection (c) (as so redesignated)— 

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

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

9 (B) in the first sentence, by striking 

10 ‘‘charge’’ both places it appears and inserting 

11 ‘‘allegation’’; and 

12 (C) by striking ‘‘and that a complaint 

13 should issue, he shall’’ and all that follows 

14 through the end of the subsection and inserting 

15 ‘‘, the officer or regional attorney shall, on be16 half of the Board, submit a written summary of 

17 the findings to all parties involved in the alleged 

18 unfair labor practice.’’. 

19 SEC. 3. REGULATIONS. 

20 Not later than 6 months after the date of the enact21 ment of this Act, the National Labor Relations Board 

22 shall review and revise all regulations promulgated before 

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

Æ 


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