I 
108TH CONGRESS 
2D SESSION 
H. R. 4343
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 
MAY 12, 2004
Mr. NORWOOD (for himself, Mr. SAM JOHNSON of Texas, Mr. BALLENGER, 
Mr. DEMINT, Mr. ISAKSON, Mrs. BIGGERT, Mr. KELLER, Mr. WILSON 
of South Carolina, Mr. KLINE, Mr. CARTER, Mrs. MUSGRAVE, Mrs. 
BLACKBURN, Mr. BOEHNER, Mr. AKIN, Mr. BARTLETT of Maryland, Mr. 
BURTON of Indiana, Mr. COBLE, Mr. DEAL of Georgia, Mr. DOOLITTLE, 
Mr. JONES of North Carolina, Mr. KING of Iowa, Mr. KINGSTON, Mr. 
LINDER, Mr. MILLER of Florida, Mr. OTTER, Mr. PENCE, Mr. SOUDER, 
Mr. VITTER, Mr. BARRETT of South Carolina, Mr. BROWN of South 
Carolina, Mr. FRANKS of Arizona, Mr. GARRETT of New Jersey, and Mr. 
BURNS) introduced the following bill; which was referred to the Com-
mittee 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 2004’’.
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-
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.
Æ