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. DUN-
CAN of South Carolina, Mr. FLORES, Mr. FLEMING, Mr. FRANKS of Ari-
zona, 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 au-
thority over unfair labor practices. 
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 ‘‘Protecting American 
Jobs Act’’. 
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SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA-
TIONS ACT. 
(a) DUTIES OF THE GENERAL COUNSEL AND ADMIN-
ISTRATIVE LAW JUDGES.—The National Labor Relations 
Act (29 U.S.C. 151 et seq.) is amended— 
(1) in section 3(d), by striking ‘‘and issuance of 
complaints under section 10, and in respect of the 
prosecution of such complaints before the Board’’; 
and 
(2) in section 4(a), by striking the fourth sen-
tence. 
(b) CLARIFICATION OF THE BOARD’S RULEMAKING 
AUTHORITY.—Section 6 of such Act (29 U.S.C. 156) is 
amended by adding at the end the following: ‘‘Such rule-
making authority shall be limited to rules concerning the 
internal functions of the Board and the Board is prohib-
ited from promulgating rules that affect the substantive 
rights of any person, employer, employee, or labor organi-
zation.’’. 
(c) INVESTIGATORY POWER AND ADJUDICATORY AU-
THORITY
OVER
UNFAIR
LABOR
PRACTICE
ALLEGA-
TIONS.—Section 10 of such Act (29 U.S.C. 60) is amend-
ed— 
(1) in subsection (a)— 
(A) by striking ‘‘prevent any person from 
engaging in’’ and inserting ‘‘investigate’’; and 
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(B) by striking ‘‘This power shall’’ and all 
that follows through the end of the subsection; 
(2) in subsection (b)— 
(A) by striking ‘‘Whenever it is charged’’ 
and inserting ‘‘Whenever it appears’’; 
(B) by striking ‘‘or is engaging in’’ and in-
serting ‘‘, is engaging in, or is about to engage 
in’’; 
(C) by striking ‘‘the Board, or any agent’’ 
and all that follows through ‘‘Provided, That no 
complaint shall be issued’’ and inserting ‘‘the 
aggrieved party may bring a civil action for 
such relief (including injunctions) as may be 
appropriate. Any such 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 
and the service of a copy thereof upon the per-
son against whom such charge is made’’ and in-
sert ‘‘civil action’’; and 
(E) by striking ‘‘Any such complaint may 
be amendment’’ and all that follows through 
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‘‘Any such proceeding shall, so far as prac-
ticable,’’ and insert ‘‘Any such proceeding 
shall’’; 
(3) by striking subsections (c) through (k) and 
redesignating subsection (l) as subsection (c); and 
(4) in subsection (c) (as so redesignated)— 
(A) by striking ‘‘Whenever it is charged’’ 
and inserting ‘‘Whenever it is alleged’’; 
(B) in the first sentence, by striking 
‘‘charge’’ both places it appears and inserting 
‘‘allegation’’; and 
(C) by striking ‘‘and that a complaint 
should issue, he shall’’ and all that follows 
through the end of the subsection and inserting 
‘‘, the officer or regional attorney shall, on be-
half of the Board, submit a written summary of 
the findings to all parties involved in the alleged 
unfair labor practice.’’. 
SEC. 3. REGULATIONS. 
Not later than 6 months after the date of the enact-
ment of this Act, the National Labor Relations Board 
shall review and revise all regulations promulgated before 
such date to implement the amendments made by this Act. 
Æ 
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