,,ii #aacth ,,congress #b;d ,session ,s4 #bhad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #af1 #bjad,mr4 ,alexander 7for himself and ,mr4 ,mc,connell7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,national ,labor ,relations ,act to reform the ,national ,labor ,relations ,board1 the ,office of the ,general ,counsel1 and the process for appellate review1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,labor ,relations ,board ,reform ,act4 #b4 ,national ,labor ,relations ,board 7a7 ,composition2 terms ,section #c7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aec7;a77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking prior to its amendment by the ,national ,labor ,management ,relations ,act1 #aidg1 and inserting prior to its amendment by the ,national ,labor ,relations ,board ,reform ,act2 7,b7 by striking five instead of three members and inserting #f instead of #e members2 and 7,c7 by striking appointed by the ,president by and with the advice and consent of the ,senate and inserting appointed by the ,president1 after consultation with the leader of the ,senate representing the party opposing the party of the ,president1 by and with the advice and consent of the ,senate2 7#b7 by striking the second sentence and inserting the following3 ,the sixth member added by the first sentence of this section shall be appointed for a term that expires on the day before the first date on which a full term of another member of the ,board commences that is after the date of enactment of the ,national ,labor ,relations ,board ,reform ,act4 ,of the #f members1 there shall be #c members representing each of the #b major political parties and1 beginning on ,january #a1 #bjbj1 each of the #b members of the ,board whose terms expire on the same date1 as established under subsection 7e71 shall represent a different major political party42 and 7#c7 in the fourth sentence 7including the amendment made by paragraph 7#b77-- 7,a7 by striking ,their successors1 and the successors of the other members1 and inserting ,the successor of such sixth member1 and the successors of the other members12 7,b7 by inserting 7except as otherwise provided during the transition period under subsection 7e77 after each2 and 7,c7 by striking he and inserting the individual 4 7b7 ,authority ,section #c7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aec7;b77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking three or more and inserting #d or more2 and 7,b7 by inserting before the period the following3 1 with such group consisting of an equal number of members representing each major political party2 and 7#b7 in the third sentence-- 7,a7 by striking three members and inserting #d members2 and 7,b7 by striking ,board1 except that and all that follows through hereof4 and inserting the following3 ,board4 ,any determination of the ,board shall be approved by a majority of the members present44 7c7 ,transition to improved staggered terms ,section #c of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aec7 is further amended by adding at the end the following3 7e7 ,transition to improved staggered terms ,notwithstanding subsection 7a7 or any other provision of this ,act-- 7#a7 each term of a member of the ,board appointed after the date of enactment of the ,national ,labor ,relations ,board ,reform ,act and before ,december #ca1 #bjai1 shall terminate on ,december #ca1 #bjai1 or the date on which the term otherwise expires1 whichever is earlier1 and new terms for all #f members of the ,board shall begin on ,january #a1 #bjbj2 and 7#b7 of the #f members of the ,board who are appointed for the terms beginning on ,january #a1 #bjbj-- 7,a7 #b of the members shall be appointed for terms ending on ,december #ca1 #bjba2 7,b7 #b of the members shall be appointed for terms ending on ,december #ca1 #bjbc2 and 7,c7 #b of the members shall be appointed for terms ending on ,december #ca1 #bjbd4 4 #c4 ,general ,counsel 7a7 ,review of ,general ,counsel decisions ,section #c of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aec71 as amended by section #b1 is further amended-- 7#a7 in subsection 7d7-- 7,a7 in the second sentence1 by striking trial examiners and inserting administrative law judges2 and 7,b7 in the third sentence1 by striking ,he shall and inserting ,subject to subsection 7f71 the ,general ,counsel shall2 and 7#b7 by adding at the end the following3 7f7 ,review of ,general ,counsel complaints 7#a7 ,in general ,any person subject to a complaint that is issued or authorized by the ,general ,counsel under subsection 7d7 may obtain review of the complaint in any district court of the ,united ,states in the judicial district wherein the unfair labor practice in question was alleged to have occurred1 wherein such person resides or transacts business1 or in the ,united ,states ,district ,court for the ,district of ,columbia1 by filing in such court1 not later than #cj days after such issuance or authorization1 a written petition for review of the complaint4 ,the court may prohibit any further proceedings relating to such complaint if the court determines that the ,general ,counsel does not have substantial evidence that such person has violated this ,act4 7#b7 ,discovery ,any party to a complaint under paragraph 7#a7 may file a request to the ,general ,counsel to obtain any advice memorandum prepared by an attorney of the ,division of ,advice of the ,office of the ,general ,counsel1 any internal memorandum of the ,office of the ,general ,counsel1 or any other inter-agency or intra-agency memorandum or letter described in section #eeb7;b77#e7 of title #e1 ,united ,states ,code1 related to the complaint4 ,not later than #aj days after the filing of such request1 the ,general ,counsel shall provide such party the requested memorandum1 letter1 or document4 4 7b7 ,salary ,section #d7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aed7;a77 is amended-- 7#a7 in the first sentence1 by striking shall receive a salary of #ab1jjj a year1 and inserting shall be compensated at a level equivalent to level ,,iv of the ,executive ,schedule1 in accordance with section #ecae of title #e1 ,united ,states ,code4 ,the ,chairman of the ,board shall be compensated at a level equivalent to level ,,iii of the ,executive ,schedule1 in accordance with section #ecad of title #e1 ,united ,states ,code4 ,each member of the ,board1 the ,general ,counsel1 and the ,chairman2 7#b7 in the fourth sentence1 including the amendment made by paragraph 7#a71 by striking examiners and inserting administrative law judges2 and 7#c7 in the sixth sentence1 including the amendment made by paragraph 7#a7-- 7,a7 by striking trial examiner's report and inserting report of an administrative law judge2 and 7,b7 by striking trial examiner shall advise and inserting administrative law judge shall advise4 #d4 ,final orders2 discharge ,section #aj of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking before an examiner or examiners thereof and inserting before an administrative law judge or administrative law judges thereof2 and 7,b7 by striking such examiner or examiners and inserting such judge or judges2 and 7#b7 in subsection 7d7-- 7,a7 by inserting or the ,board has issued a final order after have been filed in a court2 7,b7 by striking at any time upon reasonable notice and inserting 1 not later than #a year after the submission of a report of an administrative law judge1 or a decision of a regional director1 pertaining to such case or order1 upon reasonable notice12 and 7,c7 by adding at the end the following3 ,the ,board shall issue a final order reviewing an appeal of a report of an administrative law judge or decision of a regional director filed within #a year after such report or decision4 ,if the ,board does not issue a final order within #a year after the report of an administrative law judge or decision of a regional director1 any party to the case may move to discharge the case4 ,upon such motion1 the report of the administrative law judge or decision of the regional director shall be deemed to be a final agency action and the ,board may not take further action on the matter under subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code4 ,any party to the case may obtain review of the order in any court of appeals of the ,united ,states in the circuit wherein the unfair labor practice in question was alleged to have occurred1 wherein such person resides or transacts business1 or in the ,united ,states ,court of ,appeals for the ,district of ,columbia1 by filing in such court1 not later than #fj days after the issuance of the order1 a written petition for the court to modify or set aside the order of the ,board4 ,the court shall review the order de novo44 #e4 ,authorization of appropriations to further effective government ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 is amended by adding at the end the following3 #bj4 ,authorization of appropriations to further effective government 7a7 #b-,year deadline ,if1 #b years after the date of enactment of the ,national ,labor ,relations ,board ,reform ,act1 the ,board has failed to issue a final order1 in accordance with section #aj7;d71 on more than #ij percent of the cases pending on 7or filed on or after7 such date of enactment1 then the amount authorized to be appropriated to carry out this ,act for each of the succeeding #b fiscal years shall be #hj percent of the average amount so authorized for the prior #b fiscal years4 7b7 #d-,year deadline ,if1 #d years after the date of enactment of the ,national ,labor ,relations ,board ,reform ,act1 the ,board has failed to issue a final order1 in accordance with section #aj7;d71 on more than #ij percent of the cases pending on 7or filed on or after7 the date that is #b years after the date of such enactment1 then the amount authorized to be appropriated to carry out this ,act for each succeeding fiscal year shall remain the amount so appropriated for the fiscal year that is #d years after the date of such enactment4 4