II

Calendar No. 389

104TH CONGRESS

2D SESSION S. 295

[Report No. 104–259]

To permit labor management cooperative efforts that improve America’s

economic competitiveness to continue to thrive, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 30, 1995

Mrs. KASSEBAUM (for herself, Mr. JEFFORDS, Mr. GREGG, Mr. GORTON, Ms.

HUTCHISON, Mr. ASHCROFT, Mr. SMITH, Mr. HELMS, Mr. THOMAS, Mr.

BROWN, Mr. MCCAIN, Mr. GRASSLEY, Mr. COATS, Mr. FRIST, Mr.

HATCH, Mr. MCCONNELL, Mr. NICKLES, Mr. WARNER, Mr. SHELBY,

Mr. FAIRCLOTH, Mr. THURMOND, Mr. MACK, Mr. BURNS, and Mr.

BOND) introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Resources

MAY 1, 1996

Reported by Mrs. KASSEBAUM, without amendment

A BILL

To permit labor management cooperative efforts that improve

America’s economic competitiveness to continue to thrive,

and for other purposes.

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

2 This Act may be cited as the ‘‘Teamwork for Employ3 ees and Management Act of 1995’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—Congress finds that—

6 (1) the escalating demands of global competi7 tion have compelled an increasing number of Amer8 ican employers to make dramatic changes in work9 place and employer-employee relationships;

10 (2) these changes involve an enhanced role for

11 the employee in workplace decisionmaking, often re12 ferred to as ‘‘employee involvement’’, which has

13 taken many forms, including self-managed work

14 teams, quality-of-worklife, quality circles, and joint

15 labor-management committees;

16 (3) employee involvement structures, which op17 erate successfully in both unionized and non-union18 ized settings, have been established by over 80 per19 cent of the largest employers of the United States

20 and exist in an estimated 30,000 workplaces;

21 (4) in addition to enhancing the productivity

22 and competitiveness of American businesses, em23 ployee involvement structures have had a positive

24 impact on the lives of those employees, better ena25 bling them to reach their potential in their working

26 lives;
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•S 295 RS

1 (5) recognizing that foreign competitors have

2 successfully utilized employee involvement tech3 niques, Congress has consistently joined business,

4 labor and academic leaders in encouraging and rec5 ognizing successful employee involvement structures

6 in the workplace through such incentives as the Mal7 colm Baldrige National Quality Award;

8 (6) employers who have instituted legitimate

9 employee involvement structures have not done so to

10 interfere with the collective bargaining rights guar11 anteed by the labor laws, as was the case in the

12 1930s when employers established deceptive sham

13 ‘‘company unions’’ to avoid unionization; and

14 (7) employee involvement is currently threat15 ened by interpretations of the prohibition against

16 employer-dominated ‘‘company unions’’.

17 (b) PURPOSES.—It is the purpose of this Act to—

18 (1) protect legitimate employee involvement

19 structures against governmental interference;

20 (2) preserve existing protections against decep21 tive, coercive employer practices; and

22 (3) permit legitimate employee involvement

23 structures where workers may discuss issues involv24 ing terms and conditions of employment, to continue

25 to evolve and proliferate.
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1 SEC. 3. AMENDMENT TO SECTION 8(a)(2) OF THE NATIONAL

2 LABOR RELATIONS ACT.

3 Section 8(a)(2) of the National Labor Relations Act

4 (29 U.S.C. 158(a)(2)) is amended by adding at the end

5 thereof the following: ‘‘Provided further, That it shall not

6 constitute or be evidence of an unfair labor practice under

7 this paragraph for an employer to establish, assist, main8 tain or participate in any organization or entity of any

9 kind, in which employees participate to address matters

10 of mutual interest (including issues of quality, productivity

11 and efficiency) and which does not have, claim or seek au12 thority to negotiate or enter into collective bargaining

13 agreements under this Act with the employer or to amend

14 existing collective bargaining agreements between the em15 ployer and any labor organization;’’.

16 SEC. 4. CONSTRUCTION CLAUSE LIMITING EFFECT OF ACT.

17 Nothing in the amendment made by section 3 shall

18 be construed as affecting employee rights and responsibil19 ities under the National Labor Relations Act other than

20 those contained in section 8(a)(2) of such Act.

Calendar No. 389

104TH CONGRESS

2D SESSION S. 295

[Report No. 104–259]

A BILL

To permit labor management cooperative efforts

to continue to thrive, and for other purposes.that improve America’s economic competitiveness

MAY 1, 1996

Reported without amendment