I 
112TH CONGRESS 
1ST SESSION H. R. 1047 
To amend the National Labor Relations Act to protect State requirements 
for a secret ballot election of labor organizations. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2011 
Mr. DUNCAN of South Carolina (for himself, Mr. CHAFFETZ, Mr. BISHOP of 
Utah, Mrs. NOEM, Mr. SCOTT of South Carolina, Mr. WILSON of South 
Carolina, Mr. GOWDY, Mr. MULVANEY, Mr. GOSAR, Mr. ROSS of Florida, 
Mr. KINGSTON, Mr. STUTZMAN, Mr. NEUGEBAUER, Mr. YODER, Mr. 
LAMBORN, Mr. BURTON of Indiana, Mr. GOHMERT, Mr. FLORES, Mr. 
GINGREY of Georgia, Ms. FOXX, Mr. SESSIONS, Mr. HUELSKAMP, Mr. 
WESTMORELAND, Mr. MCHENRY, Mr. KING of Iowa, Mr. PITTS, Mr. 
ROKITA, and Mr. HERGER) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce 
A BILL 
To amend the National Labor Relations Act to protect State 
requirements for a secret ballot election of labor organi-
zations. 
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 Right to Vote 
Act’’. 
VerDate Mar 15 2010 
22:02 Mar 14, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1047.IH
H1047
srobinson on DSKHWCL6B1PROD with BILLS
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the right of employees under the National 
Labor Relations Act to choose whether to be rep-
resented by a labor organization by way of secret 
ballot election conducted by the National Labor Re-
lations Board is among the most important protec-
tions afforded under Federal labor law; 
(2) the right of employees to choose by secret 
ballot is the only method that ensures a choice free 
of coercion, intimidation, irregularity, or illegality; 
(3) the recognition of a labor organization by 
using a private agreement, rather than a secret bal-
lot election overseen by the National Labor Relations 
Board, threatens the freedom of employees to choose 
whether to be represented by a labor organization, 
and severely limits the ability of the Board to ensure 
the protection of workers; 
(4) the States under section 14(b) of the Act 
have the option to prohibit agreements requiring 
membership in a labor organization as a condition of 
employment; and 
(5) in order to further the rights of employees 
to be free in their choice of representation by a labor 
organization, the States should have the option to 
prohibit labor organization representation of employ-
VerDate Mar 15 2010 
22:02 Mar 14, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1047.IH
H1047
srobinson on DSKHWCL6B1PROD with BILLS
ees unless the labor organization is selected via a se-
cret ballot election conducted by the Board. 
SEC. 3. PROTECTION OF STATE RIGHT TO REQUIRE SE-
CRET BALLOT ELECTIONS. 
(a) REPRESENTATION OF EMPLOYEES WITHOUT SE-
CRET
BALLOT
ELECTION
IN
VIOLATION
OF
STATE 
LAW.—Section 14 of the National Labor Relations Act 
(29 U.S.C. 164) is amended by adding at the end the fol-
lowing: 
‘‘(d)(1) Nothing in this Act shall be construed as au-
thorizing or recognizing a labor organization as the rep-
resentative of employees unless the labor organization has 
been selected by a majority of such employees in a secret 
ballot election conducted by the National Labor Relations 
Board in any State or Territory in which such labor orga-
nization recognition is prohibited by State or Territorial 
law unless recognition is accomplished through a secret 
ballot election conducted by the Board. 
‘‘(2) No agency of the Federal Government may bring 
any challenge against a State statute or constitutional pro-
vision which protects the right of employees to choose 
labor organization representatives through secret ballot 
elections.’’. 
(b) REGULATIONS.—Not later than 6 months after 
the date of the enactment of this Act the National Labor 
VerDate Mar 15 2010 
22:02 Mar 14, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1047.IH
H1047
srobinson on DSKHWCL6B1PROD with BILLS
Relations Board shall review and revise as necessary any 
regulations promulgated before such date to implement 
the amendments made by this Act to the National Labor 
Relations Act. 
Æ 
VerDate Mar 15 2010 
22:02 Mar 14, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H1047.IH
H1047
srobinson on DSKHWCL6B1PROD with BILLS