I

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

FEBRUARY 24, 1993

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

Commerce, and Public Works and Transportation
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APRIL 19, 1993

Additional sponsors: Mr. WYDEN, Ms. FURSE, Ms. HARMAN, Mr. CARR, Mr.

SMITH of Iowa, Mr. ACKERMAN, Mrs. SCHROEDER, Mr. TRAFICANT, Mr.

FLAKE, Mr. FAZIO, Mr. MCDERMOTT, Mr. SHARP, Mr. SABO, Mr. GEJDENSON, Mr. JEFFERSON, Mr. KLEIN, Mr. SAWYER, Mr. FINGERHUT, Mr.

TORRES, Mr. SKELTON, Ms. WATERS, Mr. LEVIN, Mr. LIPINSKI, Mr.

BARLOW, Mrs. LOWEY, Mr. JACOBS, Mr. KLECZKA, Mr. PETERSON of

Florida, Mr. SLATTERY, Mr. TOWNS, Ms. EDDIE BERNICE JOHNSON of

Texas, Mr. RICHARDSON, Mr. COLEMAN, Mr. BECERRA, Mr. LAROCCO,

Mr. MANN, Mr. BROWN of Ohio, Ms. ROYBAL-ALLARD, Mr. CONDIT, Mr.

MOLLOHAN, Mr. PASTOR, Mr. LEWIS of Georgia, Mr. HAMBURG, Mr.

BLACKWELL, Mr. TUCKER, Mr. CONYERS, Mr. JOHNSON of South Dakota, Ms. MCKINNEY, Mr. WHEAT, Mr. DINGELL, Mr. MFUME, Ms.

SCHENK, Mr. SWETT, Mr. SWIFT, Mr. DEUTSCH, Mr. HALL of Ohio, Mr.

PETERSON of Minnesota, Mr. BARCIA, Mr. MANTON, Mr. MCNULTY, Mr.

BROWN of California, Mr. MEEHAN, Mr. REED, Mr. POSHARD, Mr.

STUDDS, Ms. SLAUGHTER, Mr. GORDON, Mr. BEVILL, Ms. BROWN of

Florida, Mr. HOYER, Mr. MATSUI, Mr. KENNEDY, Mr. YATES, Mr.

BILBRAY, Mr. SYNAR, Ms. LONG, Mr. ABERCROMBIE, Mr. MARKEY, Mr.

VOLKMER, and Mr. KREIDLER

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

2 new paragraph:

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

4 action—

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

6 an employee who—

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

8 dispute was an employee of the employer

9 in a bargaining unit in which a labor orga10 nization—

11 ‘‘(I) was the certified or recog12 nized exclusive representative, or

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

14 commencement of the dispute had

15 filed a petition pursuant to section

16 9(c)(1) on the basis of written author17 izations by a majority of the unit em18 ployees, and the Board has not com19 pleted the representation proceeding;

20 and

21 ‘‘(B) in connection with that dispute

22 has engaged in concerted activities for the

23 purpose of collective bargaining or other

24 mutual aid or protection through that

25 labor organization; or
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1 ‘‘(ii) to withhold or deny any other employ2 ment right or privilege to an employee, who

3 meets the criteria of subparagraphs (A) and

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

5 unconditionally offered to return to work for

6 the employer, out of a preference for any other

7 individual that is based on the fact that the in8 dividual is performing, has performed, or has

9 indicated a willingness to perform bargaining

10 unit work for the employer during the labor dis11 pute.’’.

12 SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT

13 THE CONCLUSION OF RAILWAY LABOR DIS14 PUTES.

15 Paragraph Fourth of section 2 of the Railway Labor

16 Act (45 U.S.C. 152) is amended—

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

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

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

20 shall—

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

22 replacement employee to an individual for perform23 ing work in a craft or class for the carrier during

24 a dispute which involves the craft or class and which

25 is between the carrier and the labor organization
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1 that is acting as the collective bargaining representa2 tive involved in the dispute; or

3 ‘‘(2) offer or grant an individual any other em4 ployment preference based on the fact that such in5 dividual performed work in a craft or class, or indi6 cated a willingness to perform such work, during a

7 dispute over an individual who—

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

9 commencement of the dispute;

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

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

12 in organizing, or to bargain collectively through

13 the labor organization that is acting as the col14 lective bargaining representative involved in the

15 dispute; and

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

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

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