S. 533 — National Right-to-Work Act

This section eliminates statutory authority under the National Labor Relations Act (NLRA) for union security agreements—i.e., requirements that employees join a union or maintain membership as a condition of employment after a probationary period—and strikes the requirement for union shop authorization elections. Specifically, the section (1) amends NLRA Section 7 (29 U.S.C. 157) to remove the exception permitting such agreements; (2) revises Section 8 (29 U.S.C. 158) by striking relevant provisos in subsections (a)(3) and (b)(2), eliminating qualifying language in subsection (b)(5), and restructuring subsection (f) on pre-hire agreements in the construction industry by striking clause (2) and redesignating subsequent clauses; and (3) strikes Section 9(e) (29 U.S.C. 159(e)) on union shop elections and makes conforming amendments to Sections 3(b) and 8(f) (29 U.S.C. 153(b), 158(f)) and a cross-reference in the Social Security Act (42 U.S.C. 653a(a)(2)(B)(ii)). (Thus, the National Labor Relations Board lacks authority to enforce union security clauses, extending right-to-work protections nationwide.)

This section strikes the Eleventh paragraph under the general duties heading of the Railway Labor Act (i.e., the prohibition on carriers requiring persons seeking employment to sign any contract or agreement promising to join or not to join a labor organization) and redesignates the Twelfth paragraph under that heading as the Eleventh. (Thus, railroad and airline carriers are no longer expressly prohibited under the RLA from imposing such requirements on job applicants.)