Should the NLRB’s Authority to Prosecute & Rule on Labor Disputes be Transferred to Courts? (S. 1594)

What is S. 1594?

(Updated June 11, 2019)

This bill — known as the Protecting American Jobs Act — would transfer the power of the National Labor Relations Board (NLRB) to prosecute and adjudicate labor disputes to federal courts, although the NLRB could still conduct investigations. The NLRB’s rulemaking ability would be limited to the internal workings of the agency and couldn’t issue rules affecting the substantive rights of any person, employee, employer, or union. 

Within six months of this bill’s enactment, the NLRB would be required to review all regulations it implemented before this bill’s enactment and revise or rescind any regulations as needed to conform with this legislation.

Argument in favor

The NLRB shouldn’t be the judge, jury, and executioner for labor disputes in this country, and it should be stripped of its power to hear labor disputes and issue rules. Federal courts should be be in charge of prosecuting and ruling on labor disputes.

Argument opposed

The NLRB has long played an important role in enforcing labor laws and resolving labor disputes, and this bill would gut its authority to protect America’s workers. While it could still investigate labor disputes, it would effectively be powerless.

Impact

Federal courts; and the NLRB.

Cost of S. 1594

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Mike Lee (R-UT) introduced this bill to transfer the power of the NLRB to hear labor disputes to federal courts and strip it of its rulemaking authority:

“For too long the NLRB has acted as judge, jury, and executioner, for labor disputes in this country. The havoc they have wrought by upsetting decades of established labor law has cost countless jobs. This common sense legislation would finally restore fairness and accountability to our nation’s labor laws.”

This legislation has the support of five Republican cosponsors in the Senate.

Media:

• Sponsoring Sen. Mike Lee (R-UT) Press Release
  
• Employment Law Daily
  
• The Hill