As noted yesterday, Senator Mike Lee (R-UT) has introduced a bill to curtail the authority of the National Labor Relations Board. The Protecting American Jobs Act (S. 2084) — co-sponsored by Sens. Ted Cruz (R-TX) and Tom Cotton (R-AR) — is analogous to a House bill (H.R. 1893) introduced earlier in 2015, now with seventy Republican co-sponsors. It would amend the NLRA to eliminate the authority and responsibility of the General Counsel to issue and prosecute complaints before the Board; and transfer adjudication from the Board to the federal courts. Moreover, it would expressly clarify that the Board’s statutory rulemaking authority is limited to internal administration:
Such rulemaking authority shall be limited to rules concerning the internal functions of the Board. The Board shall not promulgate rules or regulations that affect the substantive or procedural rights of any person, employer, employee, or labor organization, including rules and regulations concerning unfair labor practices and representation elections.
More Resources and Commentary:
- Full text of the bill.
- Senator Lee’s press release.
- “GOP Senator Introduces Bill to Strip NLRB Powers” — Law360 ($)
- “Lee Introduces National Labor Relations Board Reform Bill” — Utah Policy