S. 2568 — Protecting American Jobs Act

This section amends the National Labor Relations Act (NLRA) to overhaul enforcement of unfair labor practices (ULPs), shifting primary responsibility from the National Labor Relations Board (NLRB) administrative process—under which the General Counsel investigates charges, issues complaints, and prosecutes before administrative law judges (ALJs) and the Board—to civil actions by aggrieved parties in U.S. district courts. Specifically, the section (1) limits the NLRB General Counsel's duties under 29 U.S.C. 153(d) to investigating ULP allegations under section 10 (from also issuing complaints and prosecuting them before the Board) and strikes a sentence in 29 U.S.C. 154(a) assigning prosecutorial duties to ALJs; (2) restricts NLRB rulemaking under 29 U.S.C. 156 to internal functions, prohibiting rules affecting substantive or procedural rights of employers, employees, or unions—including on ULPs and representation elections; (3) revises ULP discrimination provision in 29 U.S.C. 158(a)(4) to reference "a civil action" (from "charges"); (4) replaces NLRB powers in 29 U.S.C. 160 with investigation of allegations and authorization for civil actions in the district of violation or the U.S. District Court for the District of Columbia—including for injunctions—while striking subsections (c) through (k) on complaints, hearings, Board orders, and enforcement; redesignating subsections (l) and (m) on secondary boycotts and health care facilities as (c) and (d); and requiring regional officers or attorneys to submit written summaries of findings rather than seeking injunctions or issuing complaints; and (5) makes conforming changes to NLRB delegation authorities, representation procedures, and cross-references. (Thus, most ULPs previously handled administratively by the NLRB will be litigated privately in federal court.)

This section directs the National Labor Relations Board to review all regulations promulgated before the date of enactment of this Act and, not later than six months after such date, revise or rescind any such regulations as necessary to implement the amendment made by section 2(b).