II

107TH CONGRESS

1ST SESSION S. 1107

To amend the National Labor Relations Act and the Railway Labor Act

to prevent discrimination based on participation in labor disputes.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 2001

Mr. HARKIN (for himself, Mr. WELLSTONE, Mr. KENNEDY, Mr. SARBANES,

Mr. AKAKA, Mr. BINGAMAN, Mr. DODD, Mrs. MURRAY, Mr. LEAHY, Ms.

MIKULSKI, Mr. FEINGOLD, Mr. KERRY, Mr. LEVIN, Mr. BAUCUS, Mr.

ROCKEFELLER, and Mrs. BOXER) introduced the following bill; which was

read twice and referred to the Committee on Health, Education, Labor,

and Pensions

A BILL

To amend the National Labor Relations Act and the Railway

Labor Act to prevent discrimination based on participation in labor disputes.

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

3 SECTION 1. PREVENTION OF DISCRIMINATION DURING

4 AND AT THE CONCLUSION OF LABOR DIS5 PUTES.

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

7 U.S.C. 158(a)) is amended—
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•S 1107 IS

1 (1) by striking the period at the end of para2 graph (5) and inserting ‘‘; or’’; and

3 (2) by adding at the end thereof the following

4 new paragraph:

5 ‘‘(6)(i) to offer, or to grant, the status of a per6 manent replacement employee to an individual for

7 performing bargaining unit work for the employer

8 during a labor dispute; or

9 ‘‘(ii) to otherwise offer, or grant, an individual

10 any employment preference based on the fact that

11 such individual was employed, or indicated a willing12 ness to be employed, during a labor dispute over an

13 individual who—

14 ‘‘(A) was an employee of the employer at

15 the commencement of the dispute;

16 ‘‘(B) has exercised the right to join, to as17 sist, or to engage in other concerted activities

18 for the purpose of collective bargaining or other

19 mutual aid or protection through the labor or20 ganization involved in the dispute; and

21 ‘‘(C) is working for, or has unconditionally

22 offered to return to work for, the employer.’’.
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1 SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT

2 THE CONCLUSION OF RAILWAY LABOR DIS3 PUTES.

4 Paragraph Fourth of section 2 of the Railway Labor

5 Act (45 U.S.C. 152) is amended—

6 (1) by inserting ‘‘(a)’’ after ‘‘Fourth.’’; and

7 (2) by adding at the end the following:

8 ‘‘(b) No carrier, or officer or agent of the carrier,

9 shall—

10 ‘‘(1) offer, or grant, the status of a permanent

11 replacement employee to an individual for per12 forming work in a craft or class for the carrier dur13 ing a dispute involving the craft or class; or

14 ‘‘(2) otherwise offer, or grant, an individual any

15 employment preference based on the fact that such

16 individual was employed, or indicated a willingness

17 to be employed, during a dispute over an individual

18 who—

19 ‘‘(A) was an employee of the carrier at the

20 commencement of the dispute;

21 ‘‘(B) has exercised the right to join, to or22 ganize, to assist in organizing, or to bargain

23 collectively through the labor organization in24 volved in the dispute; and
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1 ‘‘(C) is working for, or has unconditionally

2 offered to return to work for, the carrier.’’.

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