Protecting American Jobs Act

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. Short title This Act may be cited as the Protecting American Jobs Act 2. Amendments to the National Labor Relations Act (a) Duties of the General Counsel and Administrative Law Judges The National Labor Relations Act ( 29 U.S.C. 151 (1) in section 3(d) ( 29 U.S.C. 153(d) investigation of charges and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board investigation of allegations under section 10 (2) in section 4(a) ( 29 U.S.C. 154(a) (b) Clarification of the Board’s rulemaking authority Section 6 of such Act ( 29 U.S.C. 156 Such rulemaking authority shall be limited to rules concerning the internal functions of the Board. The Board shall not promulgate rules or regulations that affect the substantive or procedural rights of any person, employer, employee, or labor organization, including rules and regulations concerning unfair labor practices and representation elections. (c) Investigatory power and adjudicatory authority over unfair labor practice allegations Section 10 of such Act ( 29 U.S.C. 160 (1) in subsection (a)— (A) by striking prevent any person from engaging in investigate (B) by striking This power shall (2) in subsection (b)— (A) by striking Whenever it is charged Whenever it is alleged (B) by striking or is engaging in , is engaging in, or is about to engage in (C) by striking the Board, or any agent Provided, the aggrieved person may bring a civil action for such relief (including an injunction) as may be appropriate. Any such civil action may be brought in the district court of the United States where the violation occurred, or, at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought (D) by striking charge with the Board prevented from filing such charge civil action, unless the person aggrieved thereby was prevented from filing such civil action (E) by striking Any such complaint may be amended Any such proceeding shall, so far as practicable, Any proceeding under this subsection shall (3) by striking subsections (c) through (k); (4) by redesignating subsections (l) and (m) as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by striking Whenever it is charged Whenever it is alleged (B) in the first sentence, by striking charge allegation (C) by striking such charge is true and that a complaint should issue, he shall such allegation is true, the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice. (6) in subsection (d) (as so redesignated)— (A) by striking Whenever it is charged Whenever it is alleged (B) by striking such charge such allegation (C) by striking and cases given priority under subsection (i) (d) Conforming amendments The National Labor Relations Act ( 29 U.S.C. 151 (1) in section 9 ( 29 U.S.C. 159 (A) in subsection (c)(2), by striking and in no case shall the Board (B) by striking subsection (d); and (C) by redesignating subsection (e) as subsection (d); (2) in section 3(b) ( 29 U.S.C. 153(b) or (e) of section 9 or (d) of section 9 (3) in section 8 ( 29 U.S.C. 158 9(e) 9(d) (4) in section 18 ( 29 U.S.C. 168 section 10 (e) or (f) subsection (e) or (f) of section 10, as such subsections were in effect on the day before the date of enactment of the Protecting American Jobs Act 3. Regulations Not later than 6 months after the date of enactment of this Act, the National Labor Relations Board shall review all regulations promulgated before such date of enactment and revise or rescind any such regulations as necessary to implement the amendment made by section 2(b).

Summary: Protecting American Jobs Act This bill amends the National Labor Relations Act, with respect to the authority of the National Labor Relations Board, to: repeal the authority of the General Counsel ofthe board, to issue, and prosecute before the board, complaints of unfair labor practices; limit the board's rulemaking authority to rules concerning the internal functions of the board; prohibit the board from promulgating regulations affecting the substantive or procedural rights of any person, employer, employee, or labor organization, including rules concerning unfair labor practices and representation elections; repeal the board's authority to prevent persons from engaging in unfair labor practices, limiting such authority to the investigation of allegations of such practices; and repeal the board's authority to petition courts for enforcement of its orders, seek injunctions, or hold hearings on jurisdictional strikes.