I
119THCONGRESS
1
STSESSION H. R. 2241
To amend the National Labor Relations Act to ensure the right of employees
to a secret ballot election conducted by the National Labor Relations Board.
IN THE HOUSE OF REPRESENTATIVES
MARCH21, 2025
Mr. A
LLENintroduced the following bill; which was referred to the Committee
on Education and Workforce
A BILL
To amend the National Labor Relations Act to ensure the
right of employees to a secret ballot election conducted
by the National Labor Relations Board.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Secret Ballot Protec-4
tion Act’’. 5
SEC. 2. FINDINGS. 6
Congress finds that— 7
(1) the importance of a secret ballot election 8
has been recognized by the United States for over 9
100 years; 10
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(2) the fundamental democratic right to choose 1
by secret ballot is the only method that ensures a 2
choice free of coercion, intimidation, irregularity, or 3
illegality; 4
(3) the recognition of a labor organization by 5
way of a private agreement, rather than a secret bal-6
lot election supervised by a neutral third party, 7
threatens an employee’s right, codified in the Na-8
tional Labor Relations Act, to choose whether or not 9
to be represented by a labor organization; and 10
(4) preserving workers’ right to choose whether 11
or not to be represented by a labor organization 12
through a secret ballot election is important to the 13
strength of the national economy. 14
SEC. 3. NATIONAL LABOR RELATIONS ACT. 15
(a) R
ECOGNITION OFREPRESENTATIVE.— 16
(1) I
N GENERAL.—Section 8(a)(2) of the Na-17
tional Labor Relations Act (29 U.S.C. 158(a)(2)) is 18
amended by inserting before the colon the following: 19
‘‘or to recognize or bargain collectively with a labor 20
organization that has not been selected by a major-21
ity of employees in a unit appropriate for such pur-22
poses in a secret ballot election conducted by the 23
Board in accordance with section 9’’. 24
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(2) APPLICATION.—The amendment made by 1
paragraph (1) shall not apply to collective bar-2
gaining relationships that were recognized before the 3
date of enactment of this Act. 4
(b) E
LECTIONREQUIRED.— 5
(1) I
N GENERAL.—Section 8(b) of the National 6
Labor Relations Act (29 U.S.C. 158(b)), as amend-7
ed by subsection (c) of this section, is amended— 8
(A) by striking ‘‘and’’ at the end of para-9
graph (6); 10
(B) by striking the period at the end of 11
paragraph (7) and inserting ‘‘; and’’; and 12
(C) by adding at the end the following: 13
‘‘(8) to cause or attempt to cause an employer 14
to recognize or bargain collectively with a represent-15
ative of a labor organization that has not been se-16
lected by a majority of employees in a unit appro-17
priate for such purposes in a secret ballot election 18
conducted by the Board in accordance with section 19
9.’’. 20
(2) A
PPLICATION.—The amendment made by 21
paragraph (1) shall not apply to collective bar-22
gaining relationships that were recognized before the 23
date of enactment of this Act. 24
(c) S
ECRETBALLOTELECTIONREQUIRED.— 25
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(1) DESIGNATION OF REPRESENTATIVE BY SE -1
CRET BALLOT.—Section 9(a) of the National Labor 2
Relations Act (29 U.S.C. 159(a)), is amended— 3
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 4
(B) by inserting after ‘‘designated or se-5
lected’’ the following: ‘‘by a secret ballot elec-6
tion conducted by the Board in accordance with 7
this section’’. 8
(2) D
ECERTIFICATION.—Such section is further 9
amended by adding at the end the following: 10
‘‘(2) The Board shall conduct a secret ballot 11
election to determine whether a labor organization 12
certified or recognized by an employer as the rep-13
resentative for the purposes of collective bargaining 14
is no longer the representative of a unit as defined 15
in paragraph (1).’’. 16
(3) A
PPLICATION.—The amendment made by 17
paragraph (1) shall not apply to collective bar-18
gaining relationships that were recognized before the 19
date of enactment of this Act. 20
(d) C
ONFORMINGAMENDMENTS.—Section 9(c)(1) of 21
such Act (29 U.S.C. 159(c)(1)) is amended— 22
(1) in subparagraph (A)— 23
(A) in clause (i), by striking ‘‘and that 24
their employer declines to recognize their rep-25
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resentative as the representative defined in sec-1
tion 9(a)’’ and inserting ‘‘by a representative’’; 2
and 3
(B) in clause (ii), by striking ‘‘section 4
9(a);’’ and inserting ‘‘subsection (a),’’; and 5
(2) in subparagraph (B), by striking ‘‘alleging’’ 6
and all that follows through ‘‘defined in section 7
9(a)’’. 8
SEC. 4. REGULATIONS. 9
Not later than 6 months after the date of enactment 10
of this Act, the National Labor Relations Board shall re-11
view and revise all regulations promulgated before such 12
date to implement the amendments made in this Act to 13
the National Labor Relations Act. 14
Æ
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