119-hr2241

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2241 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2241

 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

 March 21, 2025

 Mr. Allen introduced the following bill; which was referred to the 
 Committee on Education and 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Secret Ballot Protection Act''.

SEC. 2. FINDINGS.

 Congress finds that--

    (1) the importance of a secret ballot election has been 
 recognized by the United States for over 100 years;

    (2) the fundamental democratic right to choose by secret 
 ballot is the only method that ensures a choice free of 
 coercion, intimidation, irregularity, or illegality;

    (3) the recognition of a labor organization by way of a 
 private agreement, rather than a secret ballot election 
 supervised by a neutral third party, threatens an employee's 
 right, codified in the National Labor Relations Act, to choose 
 whether or not to be represented by a labor organization; and

    (4) preserving workers' right to choose whether or not to 
 be represented by a labor organization through a secret ballot 
 election is important to the strength of the national economy.

SEC. 3. NATIONAL LABOR RELATIONS ACT.

    (a) Recognition of Representative.--

    (1) In general.--

Section 8

    (a)

    (2) of the National 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 majority of employees in a unit appropriate for 
 such purposes in a secret ballot election conducted by the 
 Board in accordance with 

section 9''.

    (2) Application.--The amendment made by paragraph

    (1) shall 
 not apply to collective bargaining relationships that were 
 recognized before the date of 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 amended by subsection
            (c) of this section, is amended--
        (A) by striking ``and'' at the end of paragraph

    (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 representative of a labor 
 organization that has not been selected by a majority of 
 employees in a unit appropriate for such purposes in a secret 
 ballot election conducted by the Board in accordance with 
 

section 9.''.

    (2) Application.--The amendment made by paragraph

    (1) shall 
 not apply to collective bargaining relationships that were 
 recognized before the date of enactment of this Act.
            (c) Secret Ballot Election Required.--

    (1) Designation of representative by secret ballot.--
 

Section 9

    (a) of the National Labor Relations Act (29 U.S.C. 
 159

    (a) ), is amended--
        (A) by inserting ``

    (1) '' after ``

    (a) ''; and
        (B) by inserting after ``designated or selected'' 
 the following: ``by a secret ballot election conducted 
 by the Board in accordance with this section''.

    (2) Decertification.--Such section is further amended by 
 adding at the end the following:
 ``

    (2) The Board shall conduct a secret ballot election to 
 determine whether a labor organization certified or recognized 
 by an employer as the representative for the purposes of 
 collective bargaining is no longer the representative of a unit 
 as defined in paragraph

    (1) .''.

    (3) Application.--The amendment made by paragraph

    (1) shall 
 not apply to collective bargaining relationships that were 
 recognized before the date of enactment of this Act.
            (d) Conforming Amendments.--

Section 9
            (c) (1) of such Act (29 U.S.C. 
159
            (c) (1) ) is amended--

    (1) in subparagraph
        (A) --
        (A) in clause
            (i) , by striking ``and that their 
 employer declines to recognize their representative as 
 the representative defined in 

section 9

    (a) '' and 
 inserting ``by a representative''; and
        (B) in clause
            (ii) , by striking ``

section 9

    (a) ;'' 
 and inserting ``subsection

    (a) ,''; and

    (2) in subparagraph
        (B) , by striking ``alleging'' and all 
 that follows through ``defined in 

section 9

    (a) ''.

SEC. 4. REGULATIONS.

 Not later than 6 months after the date of enactment 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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