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S2568119th CongressWALLET

Protecting American Jobs Act

Sponsored By: Senator Lee, Mike [R-UT]

Introduced

Summary

Shifts enforcement of unfair labor practices from Board prosecutions to private civil lawsuits. It would also sharply limit the National Labor Relations Board's rulemaking to internal operations and redefine the roles of the General Counsel and administrative law judges.

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  • Workers and unions: Aggrieved parties would have to bring civil actions for unfair labor practices in the federal district court where the violation occurred or in the U.S. District Court for the District of Columbia. The bill expands what may be alleged, including actions taken before a suit is filed.
  • Board operations and staff: The bill would confine NLRB rulemaking to internal functions and bar rules that change substantive or procedural rights. It would remove the Board's traditional prosecution role and refocus the General Counsel and administrative law judges on investigations under section 10.
  • Employers and courts: The measure replaces Board-issued "charges" with civil actions, changes venue and procedural treatment of unfair labor practice suits, updates cross-references across the National Labor Relations Act, and directs the NLRB to review pre-enactment regulations within 6 months to revise or rescind them as needed.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Limits on federal labor board rulemaking

If enacted, the bill would limit the Board to making rules only about its internal functions and bar the Board from issuing rules that change people’s substantive or procedural rights. The ban expressly covers rules about unfair labor practices and representation elections. The Board would have six months after enactment to review and revise or rescind any earlier regulations that conflict. The bill would also update many cross-references and transitional citations in the NLRA so numbering matches the new structure.

Workers and employers: private court enforcement

If enacted, the bill would remove many Board complaint procedures and make the NLRB focus on investigating 'allegations' instead of issuing charges. Regional officers would send written findings if they conclude an allegation is true. People or unions would then have to file a civil action in federal district court where the violation happened or, by agreement, in Washington, D.C. The General Counsel and Administrative Law Judges would be limited to investigating allegations, and some prior prosecutorial duties would be removed.

Sponsors & CoSponsors

Sponsor

Lee, Mike [R-UT]

UT • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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