S. 2568: Protecting American Jobs Act

This bill, titled the Protecting American Jobs Act, proposes amendments to the National Labor Relations Act in several key areas concerning labor relations in the United States. Below are the primary components of the bill:

Amendments to the Roles and Powers of the National Labor Relations Board (NLRB)

• Changes to the Investigation Process: The bill modifies the responsibilities of the NLRB's General Counsel and administrative law judges. It replaces references to the “investigation of charges” and “issuance of complaints” with a focus on the “investigation of allegations.”
• Rulemaking Authority Limitations: Section 6 of the National Labor Relations Act will be amended to state that the NLRB can only create rules regarding its internal functions. This means the Board cannot create regulations that affect the rights or procedures of any individuals, employers, or labor organizations related to unfair labor practices or representation elections.
• Unfair Labor Practices: The bill will change language regarding unfair labor practice complaints. It specifies that these should be treated as civil actions rather than charges, which alters the formal path for addressing such complaints.
• Investigatory Powers: The amendments will change the terms of how the NLRB can act upon allegations of unfair labor practices. The phrase “prevent any person from engaging in” will be replaced with “investigate,” and further changes will shift procedural authority predominantly to civil action via district courts rather than Board-level interventions.
• Changes to Submission of Findings: When investigating allegations of unfair labor practices, NLRB officers or regional attorneys will submit a summary of findings to the parties involved rather than taking further action themselves unless the allegations have been substantiated.

Regulatory Review and Implementation

The bill requires the NLRB to review existing regulations within six months following the enactment of the Act. It mandates that the Board revise or rescind any prior regulations as necessary to align with the new provisions established in the bill.

Overall Impact

In summary, the Protecting American Jobs Act aims to reshape how the NLRB handles investigations and adjudicates allegations related to labor practices. By limiting its rulemaking powers and shifting focus to civil actions for complaints, the bill could affect the manner in which employees and employers interact under labor laws.

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