H. R IN THE HOUSE OF REPRESENTATIVES

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1 I TH CONGRESS 1ST SESSION H. R. To abolish the National Labor Relations Board and to transfer its enforcement authority to the Department of Justice and its oversight of elections to the Office of Labor-Management Standards of the Department of Labor. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 1, 0 Mr. GOWDY (for himself and Mr. MULVANEY) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To abolish the National Labor Relations Board and to transfer its enforcement authority to the Department of Justice and its oversight of elections to the Office of Labor- Management Standards of the Department of Labor. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the National Labor Relations Reorganization Act of 0. SEC.. REFERENCES. tjames on DSKSPTVN1PROD with BILLS Whenever in this Act an amendment is expressed as an amendment to a section or other provision, the ref- VerDate Mar 1 0 0: Sep, 0 Jkt 000 PO Frm Fmt Sfmt 01 E:\BILLS\H.IH H

2 tjames on DSKSPTVN1PROD with BILLS 1 erence shall be considered to be made to a section or other provision of the National Labor Relations Act ( U.S.C. et seq.) SEC.. ABOLISHMENT OF THE NATIONAL LABOR RELA- TIONS BOARD. (a) ABOLISHMENT OF BOARD. Effective on the date provided in subsection (c), the National Labor Relations Board is abolished. (b) REPEAL OF AUTHORITY. Sections,, and of the Act are repealed. (c) EFFECTIVE DATE. This section shall take effect on the date that is 0 days after the date of enactment of this Act. SEC.. TRANSFER OF AUTHORITY FOR REPRESENTATIVE ELECTIONS TO OFFICE OF LABOR-MANAGE- MENT STANDARDS. (a) TRANSFER OF AUTHORITY. The functions and responsibilities of the National Labor Relations Board for overseeing elections under section of the National Labor Relations Act, and any related authorities and functions under that Act, are hereby transferred to the Secretary of Labor, to be carried out through the Office of Labor- Management Standards. (b) AMENDMENTS TO THE NLRA. HR IH VerDate Mar 1 0 0: Sep, 0 Jkt 000 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H.IH H

3 (1) DEFINITION. Paragraph () of section ( U.S.C. ) is amended to read as follows: () The term Secretary means the Secretary of Labor, acting through the office of Labor-Management Standards of the Department of Labor.. () AUTHORITY FOR SUPERVISING ELEC- TIONS. Section ( U.S.C. 1) is amended by striking Board each place it appears and inserting Secretary. () RULES AND REGULATIONS. (A) AUTHORITY. Section ( U.S.C. 1) is amended by striking Board and inserting Secretary. (B) PRESERVATION OF EXISTING REGULA- TIONS. Rules and regulations issued under the National Labor Relations Act prior to and in effect on the day before the date of enactment of this Act shall continue in effect and shall be considered to be rules and regulations issued by the Secretary of Labor, acting through the office of Labor-Management Standards of the Department of Labor, under section of such Act, as amended by paragraph (1). tjames on DSKSPTVN1PROD with BILLS HR IH VerDate Mar 1 0 0: Sep, 0 Jkt 000 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H.IH H

4 tjames on DSKSPTVN1PROD with BILLS 1 () CONFORMING AMENDMENTS. Section ( U.S.C. 1) is amended by striking Board each place it appears and inserting Secretary SEC.. TRANSFER OF ENFORCEMENT AUTHORITY TO THE DEPARTMENT OF JUSTICE. (a) TRANSFER OF AUTHORITY. The functions and responsibilities of the National Labor Relations Board for the prevention of unfair labor practices under section of the National Labor Relations Act, and any related authorities and functions under that Act, are hereby transferred to the Bureau of Labor Relations Enforcement of the Department of Justice, established under subsection (b). (b) ESTABLISHMENT OF ENFORCEMENT BUREAU. (1) ESTABLISHMENT AND PURPOSE. There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Labor Relations Enforcement, to carry out the enforcement duties and functions that were, prior to the date of enactment of this Act, carried out by the National Labor Relations Board under section of the National Labor Relations Act. () DIRECTOR. The Bureau shall be headed by a Director appointed by the Attorney General. The Director shall have had experience in labor- HR IH VerDate Mar 1 0 0: Sep, 0 Jkt 000 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H.IH H

5 tjames on DSKSPTVN1PROD with BILLS 1 management relations and shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or insti- tution with which the Bureau makes any contract or other arrangement. (c) AMENDMENTS TO THE NLRA. (1) DEFINITION. Section ( U.S.C. ) is further amended by adding at the end the following: (1) The term Bureau means the Bureau of Labor Management Enforcement of the Department of Justice () AUTHORITY FOR THE PREVENTION OF UN- FAIR LABOR PRACTICES. Section ( U.S.C. ) is amended (A) in subsections (a), (d), (f), (g), (h), (j), (k) and (l), by striking Board each place it appears and inserting Bureau ; (B) in subsection (b) (i) in the first sentence (I) by striking Board each place it appears and inserting Bureau ; and (II) by striking or a member thereof ; HR IH VerDate Mar 1 0 0: Sep, 0 Jkt 000 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H.IH H

6 tjames on DSKSPTVN1PROD with BILLS 1 (ii) in the second sentence (I) by striking member, agent, or agency and inserting agent or agency ; and (II) by striking Board and in- serting Bureau ; (iii) in the fourth sentence (I) by striking member, agent, or agency and inserting agent or agency ; and (II) by striking Board and in- serting Bureau ; and (iv) in the last sentence, by striking 1 the Act of June 1, and all that 1 follows and inserting section 0 of title 1, United States Code. ; (C) in subsection (c) 1 (i) by striking member, agent, or 1 agency and inserting agent or agency ; 0 (ii) by striking Board each place it 1 appears and inserting Bureau ; and (iii) by striking the last sentence; and (D) in subsection (e) (i) by striking Board each place it appears and inserting Bureau ; and HR IH VerDate Mar 1 0 0: Sep, 0 Jkt 000 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H.IH H

7 tjames on DSKSPTVN1PROD with BILLS 1 (ii) by striking member, agent, or agency each place it appears and insert- ing agent or agency SEC.. APPLICATION OF TITLE PROVISION WITH RE- SPECT TO EMPLOYEES. Section 0 of title, United States Code, shall apply with respect to employees affected by the transfers of functions under sections and. SEC.. INVESTIGATORY POWERS UNDER THE NLRA. Section ( U.S.C. ) is amended (1) in the matter preceding paragraph (1) (A) by striking Board and inserting Secretary or the Bureau, as the case may be, ; and (B) by striking it and inserting the Secretary or the Bureau, respectively, ; () in paragraph (1) (A) in the first sentence, by striking The Board, or its and inserting The Secretary and the Bureau, or their ; (B) in the second sentence, by striking Board, or any member thereof and inserting Secretary or the Bureau, as the case may be ; (C) in the third sentence HR IH VerDate Mar 1 0 0: Sep, 0 Jkt 000 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H.IH H

8 tjames on DSKSPTVN1PROD with BILLS 1 (i) by striking Board the first place it appears and inserting Secretary or the Bureau ; and (ii) by striking Board the second place it appears and inserting Secretary or the Bureau, as the case may be, ; and (D) in the fourth sentence (i) by striking Any member of the Board and inserting The Secretary and the Bureau ; and (ii) by striking Board and inserting Secretary or the Bureau ; () in paragraph () 1 (A) by striking Board each place it ap- 1 pears and inserting Secretary or the Bureau ; 1 and (B) by striking member, agent, or agen- 1 cy both places it appears and inserting agent 1 or agency ; 0 () in paragraph (), by striking Board, its 1 member, agent, or agency both place it appears and inserting Secretary or the Bureau, its agent or agency ; and () in paragraph () HR IH VerDate Mar 1 0 0: Sep, 0 Jkt 000 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H.IH H

9 (A) by striking Board, upon its both places it appears and inserting Secretary or the Bureau ; and (B) by striking its. SEC.. ADDITIONAL CONFORMING AMENDMENTS. The Act is further amended (1) in section, by striking Board or any of its and inserting Secretary or the Bureau or any of their ; () in section in section 1(c) (A) by striking Board, in its discretion and inserting Secretary or the Bureau, as the case may be, in their discretion ; and (B) by striking Board the second, third, and fourth places it appears and inserting Secretary or the Bureau ; and () in section 1, by striking National Labor Relations Board and inserting Secretary. Æ tjames on DSKSPTVN1PROD with BILLS HR IH VerDate Mar 1 0 0: Sep, 0 Jkt 000 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H.IH H

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