Rep. Phil Roe (R-TN) has reintroduced the Secret Ballot Protection Act (SBPA) (H.R. 972) in the House of Representatives, legislation that would amend the National Labor Relations Act to guarantee the right to secret ballot union representation elections. In January, Sen. Jim DeMint (R-SC) introduced a companion bill in the Senate. Both bills would make it an unfair labor practice for an employer to recognize a union that has not been selected via secret ballot and make it unlawful for a union that has not been chosen as the employees’ exclusive representative in a secret ballot election conducted by the NLRB to cause or attempt to cause an employer to recognize or bargain with it.

According to a press release issued by Rep. Roe’s office:

Since unions have not been able to get card check legislation passed in Congress, many are concerned that the National Labor Relations Board (NLRB) will attempt to bypass the will of Congress. Already, the NLRB is looking to overturn established workers’ rights to a secret ballot. Passage of the SBPA will prevent card-check from happening and alleviate concerns.

According to Rep. John Kline (R-MN), Chairman of the House Committee on Education and the Workforce, “The secret ballot is a fundamental right that must be preserved in the workplace,” adding “It helps prevent intimidation and coercion, and it is the best way to ensure workers can freely decide whether or not to be represented by a union. No government official - elected or unelected - should weaken this important protection for American workers.”

The bill has been referred to the House Committee on Education and the Workforce.

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