I 
111TH CONGRESS 
2D SESSION 
H. R. 6436 
To amend the National Labor Relations Act to clarify the intent of Congress 
for Federal labor law preemption of State and local law, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2010 
Mr. CONYERS (for himself and Mr. FILNER) introduced the following bill; 
which was referred to the Committee on Education and Labor 
A BILL 
To amend the National Labor Relations Act to clarify the 
intent of Congress for Federal labor law preemption of 
State and local law, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘State Public Funds 
Protection Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Supreme Court ruling in Chamber of 
Commerce v. Brown, No. 06–939 (June 19, 2008), 
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significantly impairs the broad sovereign power of 
the States to decide how to spend State treasury 
funds. The Brown decision undermines this sov-
ereign power by unduly restricting the types of legis-
lation a State or local government can pass that af-
fect employer-employee labor relations and involve 
the receipt of State funds. 
(2) The Court’s decision misinterprets Congres-
sional intent in the National Labor Relations Act 
(29 U.S.C. 151 et seq.), by characterizing State leg-
islation that limits the use of State or local govern-
ment funds to assist, deter, or promote union orga-
nizing as regulation that Congress intended to pro-
hibit by enacting the NLRA. 
(3) Legislation directing State or local public 
funds away from union organizing activity or expres-
sion is consistent, not inconsistent, with Congres-
sional intent and the express language of section 
8(c) of the NLRA, which ensures that speech that 
is neither coercive nor a promise of a benefit shall 
not be deemed an unfair labor practice, or evidence 
of an unfair labor practice. 
(4) Congress by this provision intended no pre-
emption of State and local governments placing lim-
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its on the use of State and local governmental funds 
to assist, deter, or promote union organizing. 
(5) Congress has forbidden recipients of Head 
Start funds, Workforce Investment Act funds, and 
National Community Service Act funds, from using 
Federal funds to assist promote, or deter union or-
ganizing. As such, policies that protect the integrity 
of public funds by directing State or local funds 
away from labor-related activity are consistent, not 
inconsistent, with the national labor policy. 
(6) Legislation that limits the use of State or 
local funds in connection with union organizing nei-
ther compels or forbids employer or employee advo-
cacy for or against union organizing. 
(7) Restrictions on the use of State or local 
government funds in connection with union orga-
nizing do not prevent employers from spending their 
own, non-government procured funds, to assist, pro-
mote, or deter union advertising. 
(8) A State or local government restriction on 
the use of State funds in connection with union or-
ganizing does not regulate activity that the NLRA 
protects or prohibits. 
(9) Restrictions on the use of State or local 
government funds in connection with union orga-
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nizing is not the regulation of activity that Congress 
intended to be controlled by the free play of eco-
nomic forces. 
(10) Restrictions on the use of State or local 
government funds in connection with union orga-
nizing allow State and local governments to main-
tain their neutrality in union organizing campaigns 
and prevent the misappropriation of tax dollars. 
SEC. 3. CLARIFYING THE EXTENT OF STATE AND LOCAL 
LAW PREEMPTION UNDER THE NATIONAL 
LABOR RELATIONS ACT. 
Section 8(c) of the National Labor Relations Act, as 
amended (29 U.S.C. 158), is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The’’; and 
(2) by adding at the end the following: 
‘‘(2) Nothing in this Act shall be interpreted to 
preempt any provision of State or local law that 
places limitations on the use of public funds or prop-
erty to assist, deter or promote union organizing.’’. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed as a Congres-
sional endorsement or rejection of preemption rulings 
other than as explicitly provided for in this Act. 
Æ 
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