I 
118TH CONGRESS 
1ST SESSION H. R. 3833 
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 HOUSE OF REPRESENTATIVES 
JUNE 5, 2023 
Mr. WALBERG 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 reform the 
National Labor Relations Board, the Office of the Gen-
eral Counsel, and the process for appellate review, 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 ‘‘National Labor Rela-
tions Board Reform Act’’. 
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SEC. 2. NATIONAL LABOR RELATIONS BOARD. 
(a) COMPOSITION; TERMS.—Section 3(a) of the Na-
tional Labor Relations Act (29 U.S.C. 153(a)) is amend-
ed— 
(1) in the first sentence— 
(A) by striking ‘‘prior to its amendment by 
the 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 mem-
bers’’ and inserting ‘‘6 instead of 5 members’’; 
and 
(C) by striking ‘‘appointed by the Presi-
dent by and with the advice and consent of the 
Senate’’ and inserting ‘‘appointed by the Presi-
dent, 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 insert-
ing 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 enact-
ment of the National Labor Relations Board Reform 
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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 pro-
vided during the transition period under sub-
section (e))’’ after ‘‘each’’; and 
(C) by striking ‘‘he’’ and inserting ‘‘the in-
dividual’’. 
(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 insert-
ing ‘‘4 or more’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘, with such group consisting of an 
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equal number of members representing each 
major political party’’; and 
(2) in the third sentence— 
(A) by striking ‘‘three members’’ and in-
serting ‘‘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 ap-
pointed after the date of enactment of the National 
Labor Relations Board Reform Act and before De-
cember 31, 2027, shall terminate on December 31, 
2027, or the date on which the term otherwise ex-
pires, whichever is earlier, and new terms for all 6 
members of the Board shall begin on January 1, 
2028; and 
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‘‘(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 ‘‘adminis-
trative law judges’’; and 
(ii) in the third sentence, by striking 
‘‘He shall’’ and inserting ‘‘Subject to sub-
section (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 Gen-
eral Counsel under subsection (d) may obtain review 
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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 oc-
curred, 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 authoriza-
tion, a written petition for review of the complaint. 
The court may prohibit any further proceedings re-
lating to such complaint if the court determines that 
the General Counsel does not have substantial evi-
dence that such person has violated this Act. 
‘‘(2) DISCOVERY.—Any party to a complaint 
under paragraph (1) may file a request to the Gen-
eral Counsel to obtain any advice memorandum pre-
pared by an attorney of the Division of Advice of the 
Office of the General Counsel, any internal memo-
randum 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 re-
quested memorandum or letter.’’; and 
(2) in section 4(a) (29 U.S.C. 154(a))— 
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(A) in the second sentence by striking ‘‘ex-
aminers’’ and inserting ‘‘administrative law 
judges’’; and 
(B) in the fourth sentence— 
(i) by striking ‘‘trial examiner’s re-
port’’ and inserting ‘‘report of an adminis-
trative 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 ex-
aminers thereof’’ and inserting ‘‘before an ad-
ministrative law judge or administrative law 
judges thereof’’; and 
(B) by striking ‘‘such examiner or exam-
iners’’ 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’’; 
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(B) by striking ‘‘at any time upon reason-
able notice’’ and inserting ‘‘, not later than 1 
year after the submission of a report of an ad-
ministrative law judge, or a decision of a re-
gional 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 ad-
ministrative law judge or decision of the re-
gional director shall be deemed to be a final 
agency action and the Board may not take fur-
ther 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 
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occurred, wherein such person resides or trans-
acts 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.’’. 
Æ 
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