Protecting American Jobs Act

Bill: 113-hr-795
Sponsor: full_name: Rep. Scott, Austin [R-GA-8]
Introduced: 2013-02-15
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures

Administrative remedies

Civil actions and liability

Employment discrimination and employee rights

Labor-management relations

National Labor Relations Board (NLRB)
Latest action: action_date: 2013-04-23
text: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

Summaries:
action_date: 2013-02-15
action_desc: Introduced in House
text: <p>Protecting American Jobs Act - Amends the National Labor Relations Act to repeal the authority of the General Counsel of the National Labor Relations Board (NLRB) to issue, and prosecute before the Board, complaints with respect to unfair labor practices.</p> <p>Repeals the prohibition against: (1) review of an administrative law judge's report by any person other than a Board member or legal assistant; and (2) advice to or consultation with the Board by an administrative law judge with respect to exceptions taken to his or her findings, rulings, or recommendations.</p> <p>Limits the Board's rulemaking authority to rules concerning the internal functions of the Board. Prohibits the Board from promulgating rules that affect the substantive rights of a person, employer, employee, or labor organization.</p> <p>Revises Board powers to grant it the authority to investigate unfair labor practices, but repeals its power to prevent any person from engaging in them.</p> <p>Repeals the Board's power to issue a complaint against a person charging an unfair labor practice. Allows an aggrieved party to bring a civil action for relief (including injunctions) in U.S. district court or the U.S. District Court for the District of Columbia in cases where it appears that a person has engaged, is engaging, or is about to engage in an unfair labor practice.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 795 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Austin Scott of Georgia (for himself, Mr. Westmoreland , Mrs. Blackburn , Mr. Nunnelee , Mr. Wilson of South Carolina , Mr. Mulvaney , Mr. Collins of Georgia , Mr. Crawford , Mr. Huizenga of Michigan , Mr. Fleischmann , Mr. Griffin of Arkansas , Mr. Cole , Mr. DeSantis , Mr. Duncan of South Carolina , Mr. LaMalfa , Mr. Walberg , Mr. Meadows , Mr. Brooks of Alabama , Mr. Kingston , Mrs. Black , Mr. Gingrey of Georgia , Mr. Broun of Georgia , Mr. Long , and Mr. Mullin ) 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 modify the authority of the National Labor Relations Board with respect to rulemaking, issuance of complaints, and authority over unfair labor practices.

1. Short title This Act may be cited as the Protecting American Jobs Act . 2. Amendments to the National Labor Relations Act (a) Duties of the General Counsel and Administrative Law Judges The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended— (1) in section 3(d), by striking and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board ; and (2) in section 4(a), by striking the fourth sentence. (b) Clarification of the Board’s rulemaking authority Section 6 of such Act ( 29 U.S.C. 156 ) is amended by adding at the end the following: Such rulemaking authority shall be limited to rules concerning the internal functions of the Board and the Board is prohibited from promulgating rules that affect the substantive rights of any person, employer, employee, or labor organization. . (c) Investigatory power and Adjudicatory Authority Over Unfair Labor Practice Allegations Section 10 of such Act ( 29 U.S.C. 60 ) is amended— (1) in subsection (a)— (A) by striking prevent any person from engaging in and inserting investigate ; and (B) by striking This power shall and all that follows through the end of the subsection; (2) in subsection (b)— (A) by striking Whenever it is charged and inserting Whenever it appears ; (B) by striking or is engaging in and inserting , is engaging in, or is about to engage in ; (C) by striking the Board, or any agent and all that follows through Provided, That no complaint shall be issued and inserting the aggrieved party may bring a civil action for such relief (including injunctions) as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred, or at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought ; (D) by striking charge with the Board and the service of a copy thereof upon the person against whom such charge is made and insert civil action ; and (E) by striking Any such complaint may be amended and all that follows through Any such proceeding shall, so far as practicable, and insert Any such proceeding shall ; (3) by striking subsections (c) through (k) and redesignating subsection (l) as subsection (c); and (4) in subsection (c) (as so redesignated)— (A) by striking Whenever it is charged and inserting Whenever it is alleged ; (B) in the first sentence, by striking charge both places it appears and inserting allegation ; and (C) by striking and that a complaint should issue, he shall and all that follows through the end of the subsection and inserting , the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice. . 3. Regulations Not later than 6 months after the date of the enactment of this Act, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made by this Act.