II

103D CONGRESS

1ST SESSION H. R. 5

IN THE SENATE OF THE UNITED STATES

JUNE 16 (legislative day, JUNE 15), 1993

Received

JUNE 17 (legislative day, JUNE 15), 1993

Read the first time

AN ACT

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. SHORT TITLE.

4 This Act may be cited as the ‘‘Cesar Chavez Work5 place Fairness Act’’.
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1 SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT

2 THE CONCLUSION OF LABOR DISPUTES.

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

4 U.S.C. 158(a)) is amended—

5 (1) by striking the period at the end of para6 graph (5) and inserting ‘‘; or’’, and

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

8 new paragraph:

9 ‘‘(6) to promise, to threaten, or to take other

10 action—

11 ‘‘(i) to hire a permanent replacement for

12 an employee who—

13 ‘‘(A) at the commencement of a labor

14 dispute was an employee of the employer

15 in a bargaining unit in which a labor orga16 nization—

17 ‘‘(I) was the certified or recog18 nized exclusive representative, or

19 ‘‘(II) at least 30 days prior to the

20 commencement of the dispute had

21 filed a petition pursuant to section

22 9(c)(1) on the basis of written author23 izations by a majority of the unit em24 ployees, and the Board has not com25 pleted the representation proceeding;

26 and
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1 ‘‘(B) in connection with that dispute

2 has engaged in concerted activities for the

3 purpose of collective bargaining or other

4 mutual aid or protection through that

5 labor organization; or

6 ‘‘(ii) to withhold or deny any other employ7 ment right or privilege to an employee, who

8 meets the criteria of subparagraphs (A) and

9 (B) of clause (i) and who is working for or has

10 unconditionally offered to return to work for

11 the employer, out of a preference for any other

12 individual that is based on the fact that the in13 dividual is performing, has performed, or has

14 indicated a willingness to perform bargaining

15 unit work for the employer during the labor

16 dispute.’’.

17 SEC. 3. PREVENTION OF DISCRIMINATION DURING AND AT

18 THE CONCLUSION OF RAILWAY LABOR DIS19 PUTES.

20 Paragraph Fourth of section 2 of the Railway Labor

21 Act (45 U.S.C. 152) is amended—

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

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

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

25 shall—
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1 ‘‘(1) offer or grant the status of a permanent

2 replacement employee to an individual for perform3 ing work in a craft or class for the carrier during

4 a dispute which involves the craft or class and which

5 is between the carrier and the labor organization

6 that is acting as the collective bargaining representa7 tive involved in the dispute; or

8 ‘‘(2) offer or grant an individual any other em9 ployment preference based on the fact that such in10 dividual performed work in a craft or class, or indi11 cated a willingness to perform such work, during a

12 dispute over an individual who—

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

14 commencement of the dispute;

15 ‘‘(B) in connection with such dispute has

16 exercised the right to join, to organize, to assist

17 in organizing, or to bargain collectively through

18 the labor organization that is acting as the col19 lective bargaining representative involved in the

20 dispute; and

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

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

Passed the House of Representatives June 15, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.