Division I — Labor
I Labor
I Repeal of Davis-Bacon Act
Sec. 102 Effective date and limitation
The amendment made by section 101 shall take effect 30 days after the date of the enactment of this title but shall not affect any contract in existence on such date of enactment or made pursuant to invitation for bids outstanding on such date of enactment.
II Union contract not a bar to higher wages
Sec. 201 Payment of higher wages
Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) is amended—
by striking “Representatives” and inserting “(1) Representatives”; and
by adding at the end the following:
“(2) Notwithstanding a labor organization’s exclusive representation of employees in a unit, or the terms and conditions of any collective bargaining contract or agreement then in effect, nothing in either—
“(A) section 8(a)(1) or 8(a)(5), or
“(B) a collective bargaining contract or agreement renewed or entered into after the date of enactment of the Jumpstarting Opportunities with Bold Solutions Act,”
III Repeal of provisions relating to official time of Federal employees for purposes of union organizing
Sec. 301 Repeal of certain provisions relating to official time of Federal employees for purposes of union organizing
Section 7131 of title 5, United States Code, is amended—
by striking subsections (a) and (c);
by redesignating subsections (b) and (d) as subsections (a) and (b), respectively; and
in subsection (b) (as so redesignated by paragraph (2)), by striking “Except as provided in the preceding subsections of this section—” and inserting “Except as provided in subsection (a)—”.
IV Rulemaking, investigative, and adjudicative authority of the National Labor Relations Board
Sec. 401 Authorities of the National Labor Relations Board
Duties of the General Counsel and Administrative Law Judges— The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended—
in section 3(d), by striking “and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board”; and
in section 4(a), by striking the fourth sentence.
Clarification of the Board’s rulemaking authority— Section 6 of such Act (29 U.S.C. 156) is amended by adding at the end the following: “Such rulemaking authority shall be limited to rules concerning the internal functions of the Board and the Board is prohibited from promulgating rules that affect the substantive rights of any person, employer, employee, or labor organization.”.
Investigatory power and Adjudicatory Authority Over Unfair Labor Practice Allegations— Section 10 of such Act (29 U.S.C. 60) is amended—
in subsection (a)—
by striking “prevent any person from engaging in” and inserting “investigate”; and
by striking “This power shall” and all that follows through the end of the subsection;
in subsection (b)—
by striking “Whenever it is charged” and inserting “Whenever it appears”;
by striking “or is engaging in” and inserting “, is engaging in, or is about to engage in”;
by striking “the Board, or any agent” and all that follows through “Provided, That no complaint shall be issued” and inserting “the aggrieved party may bring a civil action for such relief (including injunctions) as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred, or at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought”;
by striking “charge with the Board and the service of a copy thereof upon the person against whom such charge is made” and inserting “civil action”; and
by striking “Any such complaint may be amended” and all that follows through “Any such proceeding shall, so far as practicable,” and inserting “Any such proceeding shall”;
by striking subsections (c) through (k) and redesignating subsection (l) as subsection (c); and
in subsection (c) (as so redesignated)—
by striking “Whenever it is charged” and inserting “Whenever it is alleged”;
in the first sentence, by striking “charge” both places it appears and inserting “allegation”; and
by striking “and that a complaint should issue, he shall” and all that follows through the end of the subsection and inserting “, the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice.”.
Sec. 402 Regulations
Not later than 6 months after the date of the enactment of this title, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made by this title.