Rep. Chaffetz Introduces H.R. 2118 to Rein in Broad Litigation Powers of NLRB

Press Release

Seeking to rein in the broad litigation power of the hyper-partisan National Labor Relations Board (NLRB), Congressman Jason Chaffetz (UT-03) today introduced H.R. 2118.

Last November, voters in Utah, Arizona, South Carolina, and South Dakota voted to approve amendments to their state constitutions preventing unionizing without elections. The approved amendments also required the voting process be done like any other election -- by secret ballot.

In response to these voters' actions, the NLRB threatened to sue each of these states, contending that the approved state amendments conflicted with the rights afforded individuals under the National Labor Relations Act (NLRA).

H.R. 2118 would bring the NLRB's litigating authority in line with most other federal agencies. Under H.R. 2118, the NLRB would retain authority to sue individuals and companies, enforce or defend its orders, and appear in federal appeals courts. This bill strikes NLRB's ability to sue a state on the grounds that a sovereign state action conflicted with the NLRA. This proposed legislation in no way prohibits the federal government from enforcing federal law over conflicting state laws.

The NLRB enjoys extremely broad and independent litigating authority under its statute. In fact, it is one of a very select few federal agencies that actually has power to sue a state as a result of actions taken by its sovereign citizens. Nearly all other federal agencies would be required to have the DOJ lodge such a claim, with the ultimate decision on whether or not to sue lying solely with the United States Attorney General.

"H.R. 2118 ensures that states that choose to have pro-growth, right-to-work policies will not be intimidated and threatened by the NLRB," said Chaffetz. "Deciding whether or not a state action violates federal law should be made by the DOJ, not a board of union friendly, politically motivated appointees."

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