H.R. 2241: Secret Ballot Protection Act

This bill, known as the Secret Ballot Protection Act, aims to amend the National Labor Relations Act to strengthen the right of employees to participate in secret ballot elections supervised by the National Labor Relations Board (NLRB) when deciding whether to be represented by a labor organization (like a union). Here’s a breakdown of the key provisions:

Findings

The bill states several findings emphasizing:

• The historical significance of secret ballot elections in the U.S.
• The importance of secret ballots in ensuring employee choice is free from coercion or intimidation.
• The concern that private agreements for labor representation could undermine this choice.
• The belief that preserving the right to a secret ballot contributes positively to the economy.

Amendments to the National Labor Relations Act

The bill proposes several specific amendments to the National Labor Relations Act:

1. Recognition of Representative

It adds a requirement that no labor organization can be recognized or engaged in collective bargaining unless they have been selected by a majority of employees through a secret ballot election conducted by the NLRB.

2. Election Requirement

The bill includes new obligations regarding how organizations may be recognized:

• It explicitly prohibits causing an employer to recognize a labor organization that has not been selected through a secret ballot.

3. Secret Ballot Election Requirement

Under the bill, all designations of representatives must be done via a secret ballot election. Additionally, if an organization has been recognized, a secret ballot election must be conducted to determine if employees wish to decertify that organization.

4. Conforming Amendments

It makes adjustments to existing provisions in the Act to ensure consistency with these new requirements, confirming that the changes apply to future collective bargaining relationships only.

Regulatory Review

The National Labor Relations Board is required to review and update its regulations related to these amendments within six months of the bill's enactment.

Exemptions

The amendments would not affect collective bargaining relationships that were recognized prior to the enactment of this bill.

Relevant Companies

None found.