`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5 Engrossed in House (EH)]

103d CONGRESS

  1st Session

                                H. R. 5

_______________________________________________________________________

                                 AN ACT

To amend the National Labor Relations Act and the Railway Labor Act to 
    prevent discrimination based on participation in labor disputes.






103d CONGRESS
  1st Session
                                 H. R. 5

_______________________________________________________________________

                                 AN ACT


 
To amend the National Labor Relations Act and the Railway Labor Act to 
    prevent discrimination based on participation in labor disputes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cesar Chavez Workplace Fairness 
Act''.

SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF 
              LABOR DISPUTES.

    Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) 
is amended--
            (1) by striking the period at the end of paragraph (5) and 
        inserting ``; or'', and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(6) to promise, to threaten, or to take other action--
                    ``(i) to hire a permanent replacement for an 
                employee who--
                            ``(A) at the commencement of a labor 
                        dispute was an employee of the employer in a 
                        bargaining unit in which a labor organization--
                                    ``(I) was the certified or 
                                recognized exclusive representative, or
                                    ``(II) at least 30 days prior to 
                                the commencement of the dispute had 
                                filed a petition pursuant to section 
                                9(c)(1) on the basis of written 
                                authorizations by a majority of the 
                                unit employees, and the Board has not 
                                completed the representation 
                                proceeding; and
                            ``(B) in connection with that dispute has 
                        engaged in concerted activities for the purpose 
                        of collective bargaining or other mutual aid or 
                        protection through that labor organization; or
                    ``(ii) to withhold or deny any other employment 
                right or privilege to an employee, who meets the 
                criteria of subparagraphs (A) and (B) of clause (i) and 
                who is working for or has unconditionally offered to 
                return to work for the employer, out of a preference 
                for any other individual that is based on the fact that 
                the individual is performing, has performed, or has 
                indicated a willingness to perform bargaining unit work 
                for the employer during the labor dispute.''.

SEC. 3. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF 
              RAILWAY LABOR DISPUTES.

    Paragraph Fourth of section 2 of the Railway Labor Act (45 U.S.C. 
152) is amended--
            (1) by inserting ``(a)'' after ``Fourth.''; and
            (2) by adding at the end the following:
    ``(b) No carrier, or officer or agent of the carrier, shall--
            ``(1) offer or grant the status of a permanent replacement 
        employee to an individual for performing work in a craft or 
        class for the carrier during a dispute which involves the craft 
        or class and which is between the carrier and the labor 
        organization that is acting as the collective bargaining 
        representative involved in the dispute; or
            ``(2) offer or grant an individual any other employment 
        preference based on the fact that such individual performed 
        work in a craft or class, or indicated a willingness to perform 
        such work, during a dispute over an individual who--
                    ``(A) was an employee of the carrier at the 
                commencement of the dispute;
                    ``(B) in connection with such dispute has exercised 
                the right to join, to organize, to assist in 
                organizing, or to bargain collectively through the 
                labor organization that is acting as the collective 
                bargaining representative involved in the dispute; and
                    ``(C) is working for, or has unconditionally 
                offered to return to work for, the carrier.''.

            Passed the House of Representatives June 15, 1993.

            Attest:






                                                                 Clerk.`