I 
112TH CONGRESS 
1ST SESSION H. R. 1976 
To amend the National Labor Relations Act to clarify the applicability of 
such Act with respect to States that have right to work laws in effect. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2011 
Mr. SCOTT of South Carolina (for himself, Mr. WILSON of South Carolina, 
Mr. GOWDY, Mr. DUNCAN of South Carolina, and Mr. MULVANEY) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To amend the National Labor Relations Act to clarify the 
applicability of such Act with respect to States that 
have right to work laws in effect. 
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 ‘‘Job Protection Act’’. 
SEC. 2. APPLICATION TO CERTAIN SPEECH, BUSINESS DE-
CISIONS. 
(a) UNFAIR LABOR PRACTICES.—Section 8(a)(3) of 
the National Labor Relations Act (29 U.S.C. 158(a)(3)) 
is amended by inserting before the semicolon at the end 
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the following: ‘‘: Provided further, That an employer’s ex-
pression of any views, argument, or opinion related to the 
costs associated with collective bargaining, work stop-
pages, or strikes, or the dissemination of such views, argu-
ments, or opinions, whether in written, printed, graphic, 
digital, or visual form, shall not constitute or be evidence 
of antiunion animus or unlawful motive, if such expression 
contains no threat of reprisal or force or promise of ben-
efit’’. 
(b) PREVENTION OF UNFAIR LABOR PRACTICES.— 
Section 10 of the National Labor Relations Act (29 U.S.C. 
160) is amended— 
(1) in subsection (a), by inserting after the pe-
riod at the end the following: ‘‘: Provided further, 
That the Board shall have no power to order any 
employer to relocate, shut down, or transfer any ex-
isting or planned facility or work or employment op-
portunity, or prevent any employer from making 
such relocations, transfers, or expansions to new or 
existing facilities in the future, or prevent any em-
ployer from closing a facility, not developing a facil-
ity, or eliminating any employment opportunity un-
less and until the employer has been adjudicated fi-
nally to have unlawfully undertaken such actions— 
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‘‘(1) without advance notice to the labor organi-
zation, if any, representing the bargaining unit of 
the affected employees, of the economic reason(s) for 
the relocation, shut down, or transfer of existing or 
future work; or 
‘‘(2) as a primary and direct response to efforts 
by a labor organization to organize a previously un-
represented workplace’’; and 
(2) by adding at the end the following: 
‘‘(n) Nothing in this Act shall prevent an employer 
from choosing where to locate, develop, or expand its busi-
ness or facilities, or require any employer to move, trans-
fer, or relocate any facility, production line, or employment 
opportunity, or require that an employer cease or refrain 
from doing so, or prevent any employer from closing a fa-
cility or eliminating any employment opportunity unless 
the employer has been adjudicated finally to have unlaw-
fully undertaken such actions— 
‘‘(1) without advance notice to the labor organi-
zation, if any, representing the bargaining unit of 
the affected employees, of the economic reason(s) for 
the relocation, shut down, or transfer of existing or 
future work; or 
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‘‘(2) as a primary and direct response to efforts 
by a labor organization to organize a previously un-
represented workplace.’’. 
Æ 
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