I 
109TH CONGRESS 
1ST SESSION 
H. R. 874
To amend the National Labor Relations Act to ensure the right of employees 
to a secret-ballot election conducted by the National Labor Relations Board. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2005
Mr. NORWOOD (for himself, Mr. BOEHNER, Mr. SAM JOHNSON of Texas, Mr. 
MCKEON, Mr. SOUDER, Mrs. BIGGERT, Mr. KELLER, Mr. WILSON of 
South Carolina, Mr. KLINE, Mrs. MUSGRAVE, Mr. INGLIS of South Caro-
lina, Mrs. DRAKE, Mr. KINGSTON, Mr. LINDER, Mr. DEAL of Georgia, 
Mr. KING of Iowa, Mr. HAYWORTH, Mr. WICKER, Mr. BRADY of Texas, 
Mr. CULBERSON, Mr. GARRETT of New Jersey, Mr. BURTON of Indiana, 
Mr. SULLIVAN, Mr. OTTER, Mr. PENCE, Mrs. BLACKBURN, Mr. 
GALLEGLY, Mr. GILLMOR, Mr. BARTLETT of Maryland, Mr. AKIN, Mr. 
PITTS, Mr. HAYES, Mr. DOOLITTLE, Mr. SESSIONS, Mr. GARY G. MIL-
LER of California, Mr. CHABOT, Mr. COBLE, Mr. BROWN of South Caro-
lina, Mr. FLAKE, Mr. FRANKS of Arizona, Mr. JONES of North Carolina, 
and Mr. MANZULLO) 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 ensure the 
right of employees to a secret-ballot election conducted 
by the National Labor Relations Board.
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 ‘‘Secret Ballot Protec-
tion Act of 2005’’. 
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; 
and 
(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 National Labor 
Relations Board to ensure the protection of workers. 
SEC. 3. NATIONAL LABOR RELATIONS ACT. 
(a) RECOGNITION OF REPRESENTATIVE.—
(1) IN GENERAL.—Section 8(a)(2) of the Na-
tional Labor Relations Act (29 U.S.C. 158(a)(2)) is
amended by inserting before the colon the following: 
‘‘or to recognize or bargain collectively with a labor 
organization that has not been selected by a major-
ity of such employees in a secret ballot election con-
ducted by the National Labor Relations Board in ac-
cordance with section 9’’. 
(2) APPLICATION.—The amendment made by 
subsection (a) shall not apply to collective bar-
gaining relationships in which a labor organization 
with majority support was lawfully recognized before 
the date of the enactment of this Act. 
(b) ELECTION REQUIRED.—
(1) IN GENERAL.—Section 8(b) of the National 
Labor Relations Act (29 U.S.C. 158(b)), as amend-
ed by subsection (c) of this section, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (6); 
(B) by striking the period at the end of 
paragraph (7) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(8) to cause or attempt to cause an employer 
to recognize or bargain collectively with a represent-
ative of a labor organization that has not been se-
lected by a majority of such employees in a secret
ballot election conducted by the National Labor Re-
lations Board in accordance with section 9.’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall not apply to collective bar-
gaining relationships that were recognized before the 
date of the enactment of this Act. 
(c) SECRET BALLOT ELECTION.—Section 9(a) of the 
National Labor Relations Act (29 U.S.C. 159(a)), is 
amended—
(1) by inserting ‘‘(1) ’’after ‘‘(a)’’; 
(2) by inserting after ‘‘designated or selected’’ 
the following: ‘‘by a secret ballot election conducted 
by the National Labor Relations Board in accord-
ance with this section’’; and 
(3) by adding at the end the following: 
‘‘(2) The secret ballot election requirement of 
paragraph (1) shall not apply to collective bar-
gaining relationships that were recognized before the 
date of the enactment of this Act.’’. 
SEC. 4. 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 in this Act to 
the National Labor Relations Act.
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