Overview

Title

To amend the National Labor Relations Act to modify the authority of the National Labor Relations Board with respect to rulemaking, issuance of complaints, and authority over unfair labor practices.

ELI5 AI

The Protecting American Jobs Act is like changing the rules of a game: it wants to make sure that a special group (the National Labor Relations Board) can only make rules about how they do their own work, not about how people should behave at work. Instead of going to this group when people have workplace problems, they might need to go to court, which could make things take longer and cost more.

Summary AI

S. 4709, titled the "Protecting American Jobs Act", proposes changes to the National Labor Relations Act. The bill aims to limit the authority of the National Labor Relations Board by focusing its rulemaking power solely on internal matters, rather than on substantive or procedural rights related to unfair labor practices. It also changes the process for dealing with unfair labor practices by allowing civil actions instead of Board-issued complaints and requires the Board to review and potentially revise existing regulations to align with these amendments.

Published

2024-07-11
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-07-11
Package ID: BILLS-118s4709is

Bill Statistics

Size

Sections:
3
Words:
1,262
Pages:
6
Sentences:
13

Language

Nouns: 311
Verbs: 111
Adjectives: 48
Adverbs: 8
Numbers: 62
Entities: 46

Complexity

Average Token Length:
3.73
Average Sentence Length:
97.08
Token Entropy:
4.71
Readability (ARI):
47.82

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "Protecting American Jobs Act," seeks to amend the National Labor Relations Act with a focus on the authority and procedures of the National Labor Relations Board (NLRB). Significant changes include limiting the NLRB's rulemaking power to internal matters and enabling individuals to directly initiate civil lawsuits for unfair labor practices rather than relying solely on the Board to file charges. Additionally, the bill revises several sections to enhance clarity and consistency with the new legal landscape it envisions.

Summary of Significant Issues

One of the primary issues arising from this legislation is the potential increase in litigation costs. By allowing individuals to file civil actions in federal court directly, instead of going through the NLRB, the bill could result in a substantial rise in legal proceedings. Another concern is the change to the NLRB's rulemaking authority, which restricts rulemaking to "internal functions" without clear definition, possibly leading to varying interpretations and consequent disputes.

Moreover, the bill eliminates several subsections that previously provided procedural guidance, which may cause confusion among practitioners and others affected by these changes. Lastly, while the bill mandates a review of existing regulations within six months, it lacks criteria for this evaluation and does not address the potential costs or consequences of not meeting the deadline.

Impact on the Public and Stakeholders

Broadly, the bill's shift of responsibility from the NLRB to individual parties for dealing with unfair labor practices could increase the burden on the judicial system. The potential rise in litigation could lead to longer wait times and increased costs, affecting both employees seeking justice and employers defending against accusations.

For employees, this change may pose financial barriers, as court cases typically require legal representation and bear associated costs. This could deter some individuals from pursuing claims, potentially reducing the protection of workers' rights. On the other hand, employers might face increased legal challenges and costs, impacting their operations and resources.

For the NLRB, the bill could result in a reduced scope of authority, altering its role fundamentally. This shift might lead to both immediate and long-term operational impacts as the Board adjusts to its revised mandate.

Overall, while the intention of the bill may be to streamline processes and make enforcement more direct, the lack of clarity in terms and the increased legal burden could pose challenges that require careful consideration before implementation.

Issues

  • The amendments to Section 2 may lead to increased litigation costs due to the shift from filing charges with the National Labor Relations Board to civil actions in federal court. This legal shift could significantly increase legal costs and court congestion, impacting both the parties involved and the judicial system.

  • The amendments in Section 2(b) concerning the Board's rulemaking authority introduce vagueness as they restrict rulemaking to 'internal functions' without defining what constitutes 'internal functions.' This lack of clarity may lead to varying interpretations and potential legal challenges.

  • The removal of subsections (c) through (k) in Section 2(d) could result in a lack of clarity on certain procedural matters in the National Labor Relations Act. These subsections may contain important procedural information, and their absence might lead to confusion or lack of guidance for practitioners and affected parties.

  • Section 3 mandates that the National Labor Relations Board review and potentially revise or rescind all prior regulations without specifying criteria for such changes, raising concerns over arbitrary or inconsistent decision-making. Additionally, there is no mention of budgetary constraints or accountability measures for meeting the six-month deadline.

  • Section 1 is notably brief and lacks detail, making it challenging to assess the overall intent and implications of the bill, leading to potential confusion about the bill's objectives and how it relates to broader labor policy changes.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that the Act will be known as the "Protecting American Jobs Act."

2. Amendments to the National Labor Relations Act Read Opens in new tab

Summary AI

The section outlines proposed changes to the National Labor Relations Act, including limiting the rulemaking authority of the National Labor Relations Board to internal procedures, allowing individuals to directly bring civil actions for unfair labor practices instead of only filing charges, and making several modifications to existing subsections for clarity and consistency.

3. Regulations Read Opens in new tab

Summary AI

The section requires the National Labor Relations Board to examine all existing regulations within 6 months of the Act's passage and make any necessary changes to align with the amendments introduced in the earlier section of the bill.