U.S. Senator Mike Lee (R-UT) has introduced the Protecting American Jobs Act, a bill aimed at changing how labor practice complaints are handled in the United States. The legislation seeks to prevent the National Labor Relations Board (NLRB) from both prosecuting and adjudicating cases, transferring those responsibilities back to U.S. Courts.
“Business disputes should be given a fair trial – not biased decisions from federal bureaucrats cosplaying as judges,” said Senator Mike Lee. “The NLRB should never be allowed to adjudicate the very cases it is prosecuting. My legislation will restore the right to a fair trial for workers and businesses as outlined by the Constitution, providing them due process and protection from biased bureaucrats.”
Currently, the NLRB acts as investigator, prosecutor, and judge in union representation disputes, unfair labor practice complaints, and contract disputes. Federal court review of these cases is only available in limited situations. The board’s members are unelected and change every few years. This structure has been criticized for causing delays in resolving complaints and creating uncertainty for businesses and employees.
If enacted, Lee’s proposal would remove the NLRB General Counsel’s authority to issue complaints related to unfair labor practices and restrict the Board’s rulemaking power to its internal functions. The Board would lose its ability to bring charges or adjudicate unfair labor practices but would retain investigative authority. Disputes over unfair labor practices would be resolved through civil actions in federal courts instead of before an administrative board.
Congressional supporters argue that this shift would provide a more neutral forum for dispute resolution by taking politically sensitive matters out of agency hands and placing them with courts, which already handle other private party disputes.
The bill also requires the NLRB to review its regulations so they comply with these changes.
