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103D CONGRESS

1ST SESSION H. R. 5

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

to prevent discrimination based on participation in labor disputes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. CLAY introduced the following bill; which was referred to the Committee

on Education and Labor

FEBRUARY 17, 1993

Additional sponsors: Mr. BONIOR, Mr. FORD of Michigan, Mr. GEPHARDT,

Mr. MINETA, Mr. ANDREWS of New Jersey, Mr. ANDREWS of Maine, Mr.

APPLEGATE, Mr. BACCHUS of Florida, Mr. BARRETT of Wisconsin, Mr.

BERMAN, Mr. BORSKI, Mr. CARDIN, Mr. CLYBURN, Mr. COSTELLO, Mr.

COYNE, Mr. DE LUGO, Ms. DELAURO, Mr. DEFAZIO, Mr. DELLUMS, Mr.

DICKS, Mr. DURBIN, Mr. EDWARDS of California, Mr. ENGEL, Mr.

FILNER, Mr. FOGLIETTA, Mr. FRANK of Massachusetts, Mr. FROST, Mr.

GLICKMAN, Mr. GONZALEZ, Mr. GENE GREEN of Texas, Mr. HAMILTON,

Mr. HINCHEY, Mr. HOCHBRUECKNER, Mr. HOLDEN, Mr. HUGHES, Mr.

KANJORSKI, Ms. KAPTUR, Mrs. KENNELLY, Mr. KILDEE, Mr. KLINK,

Mr. LAFALCE, Mr. LEHMAN, Mrs. MALONEY, Mr. MCCLOSKEY, Mr.

MCHALE, Mr. MCHUGH, Mrs. MEEK, Mr. MILLER of California, Mrs.

MINK, Mr. MOAKLEY, Mr. MORAN, Mr. MURTHA, Mr. NADLER, Mr.

NEAL of Massachusetts, Ms. NORTON, Mr. OBEY, Mr. OLVER, Mr.

OWENS, Mr. PALLONE, Mr. PAYNE of New Jersey, Ms. PELOSI, Mr.

PENNY, Mr. POMEROY, Mr. RAHALL, Mr. REYNOLDS, Mr. ROEMER, Mr.

RUSH, Mr. SANDERS, Mr. SCHUMER, Mr. SERRANO, Mr. SKAGGS, Mr.

SMITH of New Jersey, Mr. STARK, Mr. STOKES, Mr. TORRICELLI, Mrs.

UNSOELD, Ms. VELA ́ZQUEZ, Mr. VENTO, Mr. VISCLOSKY, Mr. WASHINGTON, Mr. WAXMAN, Mr. WILLIAMS, Mr. WISE, Ms. WOOLSEY, Mr.

STRICKLAND, Miss COLLINS of Michigan, Mr. MARTINEZ, Mr. OBERSTAR, Mr. MURPHY, Mr. SCOTT, Ms. ESHOO, Mr. KOPETSKI, Mr. WYNN,

Mr. GUTIERREZ, Ms. ENGLISH of Arizona, Mr. DIXON, Mr. WILSON, Mr.

STUPAK, Mr. RANGEL, Mr. LANTOS, Mr. HASTINGS, Mr. EVANS, and

Mrs. BYRNE
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FEBRUARY 24, 1993

Rereferred jointly to the Committees on Education and Labor, Energy and

Commerce, and Public Works and Transportation

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—

8 (1) by striking the period at the end of para9 graph (5) and inserting ‘‘; or’’, and

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

11 new paragraph:

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

13 action—

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

15 an employee who—

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

17 dispute was an employee of the employer
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1 in a bargaining unit in which a labor orga2 nization—

3 ‘‘(I) was the certified or recog4 nized exclusive representative, or

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

6 commencement of the dispute had

7 filed a petition pursuant to section

8 9(c)(1) on the basis of written author9 izations by a majority of the unit em10 ployees, and the Board has not com11 pleted the representation proceeding;

12 and

13 ‘‘(B) in connection with that dispute

14 has engaged in concerted activities for the

15 purpose of collective bargaining or other

16 mutual aid or protection through that

17 labor organization; or

18 ‘‘(ii) to withhold or deny any other employ19 ment right or privilege to an employee, who

20 meets the criteria of subparagraphs (A) and

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

22 unconditionally offered to return to work for

23 the employer, out of a preference for any other

24 individual that is based on the fact that the in25 dividual is performing, has performed, or has
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1 indicated a willingness to perform bargaining

2 unit work for the employer during the labor dis3 pute.’’.

4 SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT

5 THE CONCLUSION OF RAILWAY LABOR DIS6 PUTES.

7 Paragraph Fourth of section 2 of the Railway Labor

8 Act (45 U.S.C. 152) is amended—

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

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

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

12 shall—

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

14 replacement employee to an individual for perform15 ing work in a craft or class for the carrier during

16 a dispute which involves the craft or class and which

17 is between the carrier and the labor organization

18 that is acting as the collective bargaining representa19 tive involved in the dispute; or

20 ‘‘(2) offer or grant an individual any other em21 ployment preference based on the fact that such in22 dividual performed work in a craft or class, or indi23 cated a willingness to perform such work, during a

24 dispute over an individual who—
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1 ‘‘(A) was an employee of the carrier at the

2 commencement of the dispute;

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

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

5 in organizing, or to bargain collectively through

6 the labor organization that is acting as the col7 lective bargaining representative involved in the

8 dispute; and

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

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

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