National Labor Relations Board Reform Act

Subjects: Labor and Employment


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 991 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 991

To amend the National Labor Relations Act to reform the National Labor 
Relations Board, the Office of the General Counsel, and the process for 
               appellate review, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2023

 Mrs. Blackburn (for herself, Mr. Cassidy, Mr. Braun, and Mr. Scott 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 reform the National Labor 
Relations Board, the Office of the General Counsel, and the process for 
               appellate review, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Labor Relations Board 
Reform Act''.

SEC. 2. NATIONAL LABOR RELATIONS BOARD.

    (a) Composition; Terms.--Section 3(a) of the National Labor 
Relations Act (29 U.S.C. 153(a)) is amended--
            (1) in the first sentence--
                    (A) by striking ``prior to its amendment by the 
                National Labor Management Relations Act, 1947,'' and 
                inserting ``prior to its amendment by the National 
                Labor Relations Board Reform Act'';
                    (B) by striking ``five instead of three members'' 
                and inserting ``6 instead of 5 members''; and
                    (C) by striking ``appointed by the President by and 
                with the advice and consent of the Senate'' and 
                inserting ``appointed by the President, after 
                consultation with the leader of the Senate representing 
                the party opposing the party of the President, by and 
                with the advice and consent of the Senate'';
            (2) by striking the second sentence and inserting the 
        following: ``The sixth member added by the first sentence of 
        this section shall be appointed for a term that expires on the 
        day before the first date on which a full term of another 
        member of the Board commences that is after the date of 
        enactment of the National Labor Relations Board Reform Act. Of 
        the 6 members, there shall be 3 members representing each of 
        the 2 major political parties and, beginning on January 1, 
        2028, each of the 2 members of the Board whose terms expire on 
        the same date, as established under subsection (e), shall 
        represent a different major political party.''; and
            (3) in the fourth sentence (including the amendment made by 
        paragraph (2))--
                    (A) by striking ``Their successors, and the 
                successors of the other members,'' and inserting ``The 
                successor of such sixth member, and the successors of 
                the other members,'';
                    (B) by inserting ``(except as otherwise provided 
                during the transition period under subsection (e))'' 
                after ``each''; and
                    (C) by striking ``he'' and inserting ``the 
                individual''.
    (b) Authority.--Section 3(b) of the National Labor Relations Act 
(29 U.S.C. 153(b)) is amended--
            (1) in the first sentence--
                    (A) by striking ``three or more'' and inserting ``4 
                or more''; and
                    (B) by inserting before the period the following: 
                ``, with such group consisting of an equal number of 
                members representing each major political party''; and
            (2) in the third sentence--
                    (A) by striking ``three members'' and inserting ``4 
                members''; and
                    (B) by striking ``Board, except that'' and all that 
                follows through ``hereof.'' and inserting the 
                following: ``Board. Any determination of the Board 
                shall be approved by a majority of the members 
                present.''.
    (c) Transition to Improved Staggered Terms.--Section 3 of the 
National Labor Relations Act (29 U.S.C. 153) is further amended by 
adding at the end the following:
    ``(e) Transition to Improved Staggered Terms.--Notwithstanding 
subsection (a) or any other provision of this Act--
            ``(1) each term of a member of the Board appointed after 
        the date of enactment of the National Labor Relations Board 
        Reform Act and before December 31, 2027, shall terminate on 
        December 31, 2027, or the date on which the term otherwise 
        expires, whichever is earlier, and new terms for all 6 members 
        of the Board shall begin on January 1, 2028; and
            ``(2) of the 6 members of the Board who are appointed for 
        the terms beginning on January 1, 2028--
                    ``(A) 2 of the members shall be appointed for terms 
                ending on December 31, 2029;
                    ``(B) 2 of the members shall be appointed for terms 
                ending on December 31, 2031; and
                    ``(C) 2 of the members shall be appointed for terms 
                ending on December 31, 2032.''.

SEC. 3. GENERAL COUNSEL.

    The National Labor Relations Act (29 U.S.C. 151 et seq.), as 
amended by section 2, is further amended--
            (1) in section 3 (29 U.S.C. 153)--
                    (A) in subsection (d)--
                            (i) in the second sentence, by striking 
                        ``trial examiners'' and inserting 
                        ``administrative law judges''; and
                            (ii) in the third sentence, by striking 
                        ``He shall'' and inserting ``Subject to 
                        subsection (f), the General Counsel shall''; 
                        and
                    (B) by adding at the end the following:
    ``(f) Review of General Counsel Complaints.--
            ``(1) In general.--Any person subject to a complaint that 
        is issued or authorized by the General Counsel under subsection 
        (d) may obtain review of the complaint in any district court of 
        the United States in the judicial district wherein the unfair 
        labor practice in question was alleged to have occurred, 
        wherein such person resides or transacts business, or in the 
        United States District Court for the District of Columbia, by 
        filing in such court, not later than 30 days after such 
        issuance or authorization, a written petition for review of the 
        complaint. The court may prohibit any further proceedings 
        relating to such complaint if the court determines that the 
        General Counsel does not have substantial evidence that such 
        person has violated this Act.
            ``(2) Discovery.--Any party to a complaint under paragraph 
        (1) may file a request to the General Counsel to obtain any 
        advice memorandum prepared by an attorney of the Division of 
        Advice of the Office of the General Counsel, any internal 
        memorandum of the Office of the General Counsel, or any other 
        inter-agency or intra-agency memorandum or letter described in 
        section 552(b)(5) of title 5, United States Code, related to 
        the complaint. Not later than 10 days after the filing of such 
        request, the General Counsel shall provide such party the 
        requested memorandum or letter.''; and
            (2) in section 4(a) (29 U.S.C. 154(a))--
                    (A) in the second sentence by striking 
                ``examiners'' and inserting ``administrative law 
                judges''; and
                    (B) in the fourth sentence--
                            (i) by striking ``trial examiner's report'' 
                        and inserting ``report of an administrative law 
                        judge''; and
                            (ii) by striking ``trial examiner shall 
                        advise'' and inserting ``administrative law 
                        judge shall advise''.

SEC. 4. FINAL ORDERS; DISCHARGE.

    Section 10 of the National Labor Relations Act (29 U.S.C. 160) is 
amended--
            (1) in subsection (c)--
                    (A) by striking ``before an examiner or examiners 
                thereof'' and inserting ``before an administrative law 
                judge or administrative law judges thereof''; and
                    (B) by striking ``such examiner or examiners'' and 
                inserting ``such judge or judges''; and
            (2) in subsection (d)--
                    (A) by inserting ``or the Board has issued a final 
                order'' after ``have been filed in a court'';
                    (B) by striking ``at any time upon reasonable 
                notice'' and inserting ``, not later than 1 year after 
                the submission of a report of an administrative law 
                judge, or a decision of a regional director, pertaining 
                to such case or order, upon reasonable notice,''; and
                    (C) by adding at the end the following: ``The Board 
                shall issue a final order reviewing an appeal of a 
                report of an administrative law judge or decision of a 
                regional director filed within 1 year after such report 
                or decision. If the Board does not issue a final order 
                within 1 year after the report of an administrative law 
                judge or decision of a regional director, any party to 
                the case may move to discharge the case. Upon such 
                motion, the report of the administrative law judge or 
                decision of the regional director shall be deemed to be 
                a final agency action and the Board may not take 
                further action on the matter under subchapter II of 
                chapter 5 of title 5, United States Code. Any party to 
                the case may obtain review of the order of the Board in 
                any court of appeals of the United States in the 
                circuit wherein the unfair labor practice in question 
                was alleged to have occurred, wherein such person 
                resides or transacts business, or in the United States 
                Court of Appeals for the District of Columbia, by 
                filing in such court, not later than 60 days after the 
                issuance of the order, a written petition for the court 
                to modify or set aside the order. The court shall 
                review the order de novo.''.
                                 &lt;all&gt;
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