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[Journal of the House of Representatives, 1995]
[Wednesday, September 27, 1995 (121), Para 121.16 Recorded Vote]
[Page 1454]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.121.16  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment in the nature of a substitute 
submitted by Mr. SAWYER:

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Teamwork for Employees and 
     Managers Act of 1995''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the escalating demands of global competition have 
     compelled an increasing number of employers in the United 
     States to make dramatic changes in workplace and employer-
     employee relationships;
       (2) such changes involve an enhanced role for the employee 
     in workplace decisionmaking, often referred to as ``Employee 
     Involvement'', which has taken many forms, including self-
     managed work teams, quality-of-worklife, quality circles, and 
     joint labor-management committees;
       (3) Employee Involvement programs, which operate 
     successfully in both unionized settings, have been 
     established by over 80 percent of the largest employers in 
     the United States and exist in an estimated 30,000 
     workplaces;
       (4) in addition to enhancing the productivity and 
     competitiveness of businesses in the United States, Employee 
     Involvement programs have had a positive impact on the lives 
     of such employees, better enabling them to each their 
     potential in the workforce;
       (5) recognizing that foreign competitors have successfully 
     utilized Employee Involvement techniques, the Congress has 
     consistently joined business, labor and academic leaders in 
     encouraging and recognizing successful Employee Involvement 
     programs in the workplace through such incentives as the 
     Malcolm Baldrige National Quality Award;
       (6) most employers who have instituted legitimate Employee 
     Involvement programs have done so in order to enhance 
     efficiency and quality rather than to interfere with the 
     rights guaranteed to employees by the National Labor 
     Relations Act; and
       (7) the prohibition of the National Labor Relations Act 
     against employer domination or interference with the 
     formation or administration of a labor organization has 
     produced some uncertainty and apprehension among employers 
     regarding the continued development of Employee Involvement 
     programs.
       (b) Purposes.--The purpose of this Act is--
       (1) to protect legitimate Employee Involvement programs 
     against governmental interference;
       (2) to preserve existing protections against deceptive, 
     coercive employer practices; and
       (3) to promote the enhanced competitiveness of American 
     business by providing for the continued development of 
     legitimate Employee Involvement programs.

     SEC. 3. EMPLOYER EXCEPTION.

       Section 8(a)(2) of the National Labor Relations Act is 
     amended by striking the semi-colon and inserting the 
     following:

     ``: Provided further, That it shall not constitute or be 
     evidence of an unfair labor practice under this paragraph for 
     an employer to establish, assist, maintain, or participate 
     in--
       ``(i) a method of work organization based upon employee-
     managed work units, notwithstanding the fact that such work 
     units may hold periodic meetings in which all employees 
     assigned to the unit discuss and, subject to agreement with 
     the exclusive bargaining representative, if any, decide upon 
     conditions of work within the work unit;
       ``(ii) a method of work organization based upon supervisor-
     managed work units, notwithstanding the fact that such work 
     units may hold periodic meetings of all employees and 
     supervisors assigned to the unit to discuss the unit's work 
     responsibilities and in the course of such meetings on 
     occasion discuss conditions of work within the work unit; or
       ``(iii) committees created to recommend or to decide upon 
     means of improving the design, quality, or method of 
     producing, distributing, or selling the employer's product of 
     service, notwithstanding the fact that such committees on 
     isolated occasions, in considering design quality, or 
     production issues, may discuss directly related issues 
     concerning conditions of work: Provided further, That the 
     preceding proviso shall not apply if--
       ``(A) a labor organization is the representative of such 
     employees as provided in section 9(a);
       ``(B) the employer creates or alters the work unit or 
     committee during organizational activity among the employer's 
     employees or discourages employees from exercising their 
     rights under section 7 of the Act;
       ``(C) the employer interferes with, restrains, or coerces 
     any employee because of the employee's participation in or 
     refusal to participate in discussions of conditions of work 
     which otherwise would be permitted by subparagraph (i), (ii), 
     or (iii); or
       ``(D) an employer establishes or maintains an entity 
     authorized by subparagraph (i), (ii), or (iii) which 
     discusses conditions of work of employees who are represented 
     under section 9 of the Act without first engaging in the 
     collective bargaining required by the Act: Provided further, 
     That individuals who participate in an entity established 
     pursuant to subparagraph (i), (ii), or (iii) shall not be 
     deemed to be supervisors or managers by virtue of such 
     participation.''. 

It was decided in the

Yeas

204

negative

Nays

221
```