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To declare that certain agency actions by the National Labor Relations Board shall have no force or effect until final disposition is made in certain actions relating to the appointment of individuals to such Board that are pending in Federal court, and to prohibit further actions by such Board until such time.

H.R. 976 · 113th Congress · Mar 5, 2013 · Lineage

A BILL

Section 1 Regulations issued by NLRB to have no force or effect pending final action in Federal court

(a)
Invalidity of regulations— Notwithstanding any other provision of law, any agency action taken by the National Labor Relations Board since January 4, 2012, shall have no force or effect unless each member of such Board has been appointed—
(1)
by and with the advice and consent of the Senate, in accordance with clause 2 of section 2 of article II of the United States Constitution; or
(2)
appropriately in accordance with clause 3 of section 2 of article II of the United States Constitution.
(b)
Effective date— Subsection (a) shall cease to have effect on the date on which final disposition is made in all actions that allege as a material fact the unconstitutionality of the appointment of individuals to such Board that are pending before a Federal court as of the date of enactment of this Act.

Sec. 2 Prohibition on NLRB actions

Notwithstanding any other provision of law, the National Labor Relations Board shall not take any agency action until the date on which final disposition is made in all actions that allege as a material fact the unconstitutionality of the appointment of individuals to such Board that are pending before a Federal court as of the date of enactment of this Act.

Sec. 3 Agency action defined

As used in this Act, the term agency action has the meaning given such term in section 551 of title 5, United States Code, but does not include an action taken by the General Counsel of the National Labor Relations Board under authority set forth section 3(d) of the National Labor Relations Act (29 U.S.C.153(d)).