I

106TH CONGRESS

2D SESSION H. R. 5185

To amend the National Labor Relations Act to give employers and performers

in the live performing arts, rights given by section 8(e) of such Act

to employers and employees in similarly situated industries, to give such

employers and performers the same rights given by section 8(f) of such

Act to employers and employees in the construction industry, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 14, 2000

Mr. PETERSON of Minnesota (for himself, Mr. QUINN, Mr. PHELPS, Mr.

HOUGHTON, Mr. CROWLEY, Mr. UPTON, Mr. BOEHLERT, Mr. ABERCROMBIE, Mr. WU, Mr. LARSON, Mr. SHERMAN, Mr. LAFALCE, Mr.

CAPUANO, and Mr. LAMPSON) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the National Labor Relations Act to give employers and performers in the live performing arts, rights

given by section 8(e) of such Act to employers and employees in similarly situated industries, to give such employers and performers the same rights given by section

8(f) of such Act to employers and employees in the

construction industry, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 5185 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Live Performing Arts

3 Labor Relations Amendments’’.

4 SEC. 2. EXTENDING SECTION 8(e) TO THE LIVE PER5 FORMING ARTS INDUSTRY.

6 Section 8(e) of the National Labor Relations Act (29

7 U.S.C. 158(e)) is amended by striking ‘‘Provided further’’

8 in the second proviso and all that follows and inserting

9 the following: ‘‘Provided further, That for the purposes of

10 this subsection and subsection (b)(4)(B), the terms ‘any

11 employer’, ‘any person engaged in commerce or in indus12 try affecting commerce’, and ‘any person’, when used in

13 relation to the terms ‘any other producer, processor, or

14 manufacturer’, ‘any other employer’, or ‘any other person’

15 shall not include persons in the relation of a jobber, manu16 facturer, contractor, or subcontractor working on the

17 goods or premises of the jobber or manufacturer or per18 forming parts of an integrated process of production in

19 the apparel and clothing industry or persons in the rela20 tion of a leader, contractor, purchaser of live entertain21 ment or live music, promoter, producer, or persons simi22 larly engaged or involved in an integrated production or

23 performance of any kind in the live entertainment indus24 try: Provided further, That nothing in this Act shall pro25 hibit the enforcement of any contract or agreement, ex-
3

•HR 5185 IH

1 pressed or implied, which is within the foregoing excep2 tion.’’.

3 SEC. 3. EXTENDING SECTION 8(f) TO THE LIVE PER4 FORMING ARTS INDUSTRY.

5 Section 8(f) of the National Labor Relations Act (29

6 U.S.C. 158(f)) is amended by inserting ‘‘(1)’’ after ‘‘(f)’’,

7 and by adding at the end the following:

8 ‘‘(2) It shall not be an unfair labor practice

9 under subsections (a) and (b) for an employer who

10 hires persons or contracts for the services of persons

11 engaged in the live performing arts to make an

12 agreement covering such persons who are engaged

13 (or who, upon their employment, will be engaged) in

14 the live performing arts with a labor organization of

15 which performing artists are members (not estab16 lished, maintained, or assisted by an action defined

17 in subsection (a) as an unfair labor practice)—

18 ‘‘(A) the majority status of such labor or19 ganization has not been established under the

20 provisions of section 9 before the making of

21 such agreement; or

22 ‘‘(B) such agreement requires as a condi23 tion of employment membership in such labor

24 organization after the seventh day following the

25 beginning of such employment or the effective
4

•HR 5185 IH

1 date of the agreement, whichever is later: Pro2 vided, That nothing in this subsection shall set

3 aside the final proviso of subsection (a)(3): Pro4 vided further, That any agreement which would

5 be invalid, but for clause (A), shall not be a bar

6 to a petition filed pursuant to section 9(c) or

7 (e).’’.

8 SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

9 (a) DEFINITION OF ‘‘EMPLOYER’’.—Section 2(2) of

10 the National Labor Relations Act (29 U.S.C. 152(2)) is

11 amended by inserting after ‘‘directly or indirectly’’ the fol12 lowing: ‘‘and includes any person who is the purchaser of

13 live musical performance services regardless of whether

14 the performer of such services is an independent con15 tractor, employer, or employee of another employer,’’.

16 (b) DEFINITION OF ‘‘EMPLOYEE’’.—Section 2(3) of

17 the Act (29 U.S.C. 152(3)) is amended by inserting after

18 ‘‘independent contractor’’ the following: ‘‘except that any

19 individual having such status who is engaged to perform

20 live musical services (other than an employer of persons

21 performing musical services) shall be included in the term

22 ‘employee,’ ’’.

Æ