Text: H.R.6436 — 111th Congress (2009-2010)

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Introduced in House (11/18/2010)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 6436 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6436

  To amend the National Labor Relations Act to clarify the intent of 
 Congress for Federal labor law preemption of State and local law, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2010

Mr. Conyers (for himself and Mr. Filner) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To amend the National Labor Relations Act to clarify the intent of 
 Congress for Federal labor law preemption of State and local law, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Public Funds Protection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Supreme Court ruling in Chamber of Commerce v. 
        Brown, No. 06-939 (June 19, 2008), significantly impairs the 
        broad sovereign power of the States to decide how to spend 
        State treasury funds. The Brown decision undermines this 
        sovereign power by unduly restricting the types of legislation 
        a State or local government can pass that affect employer-
        employee labor relations and involve the receipt of State 
        funds.
            (2) The Court's decision misinterprets Congressional intent 
        in the National Labor Relations Act (29 U.S.C. 151 et seq.), by 
        characterizing State legislation that limits the use of State 
        or local government funds to assist, deter, or promote union 
        organizing as regulation that Congress intended to prohibit by 
        enacting the NLRA.
            (3) Legislation directing State or local public funds away 
        from union organizing activity or expression is consistent, not 
        inconsistent, with Congressional intent and the express 
        language of section 8(c) of the NLRA, which ensures that speech 
        that is neither coercive nor a promise of a benefit shall not 
        be deemed an unfair labor practice, or evidence of an unfair 
        labor practice.
            (4) Congress by this provision intended no preemption of 
        State and local governments placing limits on the use of State 
        and local governmental funds to assist, deter, or promote union 
        organizing.
            (5) Congress has forbidden recipients of Head Start funds, 
        Workforce Investment Act funds, and National Community Service 
        Act funds, from using Federal funds to assist promote, or deter 
        union organizing. As such, policies that protect the integrity 
        of public funds by directing State or local funds away from 
        labor-related activity are consistent, not inconsistent, with 
        the national labor policy.
            (6) Legislation that limits the use of State or local funds 
        in connection with union organizing neither compels or forbids 
        employer or employee advocacy for or against union organizing.
            (7) Restrictions on the use of State or local government 
        funds in connection with union organizing do not prevent 
        employers from spending their own, non-government procured 
        funds, to assist, promote, or deter union advertising.
            (8) A State or local government restriction on the use of 
        State funds in connection with union organizing does not 
        regulate activity that the NLRA protects or prohibits.
            (9) Restrictions on the use of State or local government 
        funds in connection with union organizing is not the regulation 
        of activity that Congress intended to be controlled by the free 
        play of economic forces.
            (10) Restrictions on the use of State or local government 
        funds in connection with union organizing allow State and local 
        governments to maintain their neutrality in union organizing 
        campaigns and prevent the misappropriation of tax dollars.

SEC. 3. CLARIFYING THE EXTENT OF STATE AND LOCAL LAW PREEMPTION UNDER 
              THE NATIONAL LABOR RELATIONS ACT.

    Section 8(c) of the National Labor Relations Act, as amended (29 
U.S.C. 158), is amended--
            (1) by inserting ``(1)'' before ``The''; and
            (2) by adding at the end the following:
            ``(2) Nothing in this Act shall be interpreted to preempt 
        any provision of State or local law that places limitations on 
        the use of public funds or property to assist, deter or promote 
        union organizing.''.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed as a Congressional 
endorsement or rejection of preemption rulings other than as explicitly 
provided for in this Act.
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