Legislation has been introduced in the U.S. House of Representatives that is aimed squarely at concerns that the NLRB will attempt to resurrect, through rulemaking, the card check provisions in the proposed Employee Free Choice Act. The bill, with 19 co-sponsors, would amend the NLRA to ensure employees' right to choose union representation by a secret-ballot election conducted by the NLRB.

Opponents of the bill, such as the AFL-CIO, claim the bill only protects the status quo. They contend that, with secret-ballot elections, employers routinely threaten workers who are involved with organizing. On the other hand, proponents of the bill say that the secret ballot helps prevent intimidation and coercion, and is the best way workers can freely decide whether to be represented by a union.