II

104TH CONGRESS

1ST SESSION S. 550

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

and to prevent discrimination based on participation in labor disputes.

IN THE SENATE OF THE UNITED STATES

MARCH 14 (legislative day, MARCH 6), 1995

Mr. EXON introduced the following bill; which was read twice and referred to

the Committee on Labor and Human Resources

A BILL

To amend the National Labor Relations Act and the Railway

Labor Act and 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 of the National Labor Relations Act (29

7 U.S.C. 158) is amended—

8 (1) in subsection (a)—

9 (A) by striking the period at the end of

10 paragraph (5) and inserting ‘‘; or’’; and
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1 (B) by adding at the end thereof the fol2 lowing new paragraph:

3 ‘‘(6) subject to subsection (h), to promise,

4 threaten, or take other action—

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

6 an employee who—

7 ‘‘(i) 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 was the certified or recognized ex11 clusive representative or, on the basis of

12 written authorizations by a majority of the

13 unit employees, was seeking to be so cer14 tified or recognized; and

15 ‘‘(ii) in connection with that dispute

16 has engaged in concerted activities for the

17 purpose of collective bargaining or other

18 mutual aid or protection through that

19 labor organization; or

20 ‘‘(B) to withhold or deny any other em21 ployment right or privilege to an employee, who

22 meets the criteria of clauses (i) and (ii) of sub23 paragraph (A) and who is working for or has

24 unconditionally offered to return to work for

25 the employer, out of a preference for any other
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1 individual that is based on the fact that the in2 dividual is performing, has performed, or has

3 indicated a willingness to perform bargaining

4 unit work for the employer during the labor dis5 pute.’’; and

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

7 new subsection:

8 ‘‘(h)(1) An employer may not hire a permanent re9 placement for an employee described in subsection (a)(6)

10 unless the employer complies with the requirements under

11 paragraph (2).

12 ‘‘(2)(A) An employer may hire a permanent replace13 ment for an employee described in subsection (a)(6)(A)

14 during the period beginning 61 days after the date of the

15 commencement of a dispute described in subsection (a)(6)

16 and ending 90 days after the date of such commencement.

17 The total number of replacements made under this sub18 section during such period shall not exceed 10 percent of

19 the total number of employees who were in the bargaining

20 unit described in subsection (a)(6)(A)(i) on the date of

21 the commencement of the dispute.

22 ‘‘(B) An employer may hire a permanent replacement

23 for an employee described in subsection (a)(6)(A) during

24 the period beginning 91 days after the date of the com25 mencement of a dispute described in subsection (a)(6) and
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1 ending 120 days after the date of such commencement.

2 The total number of replacements made under this sub3 section during such period shall not exceed 20 percent of

4 the total number of employees who were in the bargaining

5 unit described in subsection (a)(6)(A)(i) on the date of

6 the commencement of the dispute.

7 ‘‘(C) An employer may hire a permanent replacement

8 for an employee described in subsection (a)(6)(A) during

9 the period beginning 121 days after the date of the com10 mencement of a dispute described in subsection (a)(6) and

11 ending 150 days after the date of such commencement.

12 The total number of replacements made under this sub13 section during such period shall not exceed 30 percent of

14 the total number of employees who were in the bargaining

15 unit described in subsection (a)(6)(A)(i) on the date of

16 the commencement of the dispute.

17 ‘‘(D) An employer may hire a permanent replacement

18 for an employee described in subsection (a)(6)(A) during

19 the period beginning 151 days after the date of the com20 mencement of a dispute described in subsection (a)(6) and

21 ending 180 days after the date of such commencement.

22 The total number of replacements made under this sub23 section during such period shall not exceed 40 percent of

24 the total number of employees who were in the bargaining
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1 unit described in subsection (a)(6)(A)(i) on the date of

2 the commencement of the dispute.

3 ‘‘(E) An employer may hire a permanent replacement

4 for an employee described in subsection (a)(6)(A) during

5 the period beginning 181 days after the date of the com6 mencement of a dispute described in subsection (a)(6) and

7 ending 270 days after the date of such commencement.

8 The total number of replacements made under this sub9 section during such period shall not exceed 50 percent of

10 the total number of employees who were in the bargaining

11 unit described in subsection (a)(6)(A)(i) on the date of

12 the commencement of the dispute.

13 ‘‘(F) An employer may hire a permanent replacement

14 for an employee described in subsection (a)(6)(A) during

15 the period beginning 271 days after the date of the com16 mencement of a dispute described in subsection (a)(6) and

17 ending 360 days after the date of such commencement.

18 The total number of replacements made under this sub19 section during such period shall not exceed 75 percent of

20 the total number of employees who were in the bargaining

21 unit described in subsection (a)(6)(A)(i) on the date of

22 the commencement of the dispute.

23 ‘‘(G) An employer may hire a permanent replacement

24 for an employee described in subsection (a)(6)(A) effective
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1 361 days after the date of the commencement of a dispute

2 described in subsection (a)(6).’’.

3 SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT

4 THE CONCLUSION OF RAILWAY LABOR DIS5 PUTES.

6 Paragraph Fourth of section 2 of the Railway Labor

7 Act (45 U.S.C. 152) is amended—

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

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

10 new subsections:

11 ‘‘(b) Subject to subsection (c), no carrier, or officer

12 or agent of the carrier, shall promise, threaten or take

13 other action—

14 ‘‘(1) to hire a permanent replacement for an

15 employee who—

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

17 was an employee of the carrier in a craft or

18 class in which a labor organization was the des19 ignated or authorized representative or, on the

20 basis of written authorizations by a majority of

21 the craft or class, was seeking to be so des22 ignated or authorized; and

23 ‘‘(B) in connection with that dispute has

24 exercised the right to join, to organize, to assist
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1 in organizing, or to bargain collectively through

2 that labor organization; or

3 ‘‘(2) to withhold or deny any other employment

4 right or privilege to an employee, who meets the cri5 teria of subparagraphs (A) and (B) of paragraph (1)

6 and who is working for or has unconditionally of7 fered to return to work for the carrier, out of a pref8 erence for any other individual that is based on the

9 fact that the individual is employed, was employed,

10 or indicated a willingness to be employed during the

11 dispute.

12 ‘‘(c)(1) A carrier, or an officer or agent of the carrier,

13 may not hire a permanent replacement for an employee

14 under subsection (b) unless the carrier or officer or agent

15 complies with the requirements under paragraph (2).

16 ‘‘(2)(A) A carrier, or an officer or agent of the car17 rier, may hire a permanent replacement for an employee

18 described in subsection (b) during the period beginning 61

19 days after the date of the commencement of a dispute de20 scribed in subsection (b) and ending 90 days after the date

21 of such commencement. The total number of replacements

22 made under this subsection during such period shall not

23 exceed 10 percent of the total number of employees who

24 were in the craft or class described in subsection (b).
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1 ‘‘(B) A carrier, or an officer or agent of the carrier,

2 may hire a permanent replacement for an employee de3 scribed in subsection (b) during the period beginning 91

4 days after the date of the commencement of a dispute de5 scribed in subsection (b) and ending 120 days after the

6 date of such commencement. The total number of replace7 ments made under this subsection during such period shall

8 not exceed 20 percent of the total number of employees

9 who were in the craft or class described in subsection (b).

10 ‘‘(C) A carrier, or an officer or agent of the carrier,

11 may hire a permanent replacement for an employee de12 scribed in subsection (b) during the period beginning 121

13 days after the date of the commencement of a dispute de14 scribed in subsection (b) and ending 150 days after the

15 date of such commencement. The total number of replace16 ments made under this subsection during such period shall

17 not exceed 30 percent of the total number of employees

18 who were in the craft or class described in subsection (b).

19 ‘‘(D) A carrier, or an officer or agent of the carrier,

20 may hire a permanent replacement for an employee de21 scribed in subsection (b) during the period beginning 151

22 days after the date of the commencement of a dispute de23 scribed in subsection (b) and ending 180 days after the

24 date of such commencement. The total number of replace25 ments made under this subsection during such period shall
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1 not exceed 40 percent of the total number of employees

2 who were in the craft or class described in subsection (b).

3 ‘‘(E) A carrier, or an officer or agent of the carrier,

4 may hire a permanent replacement for an employee de5 scribed in subsection (b) during the period beginning 181

6 days after the date of the commencement of a dispute de7 scribed in subsection (b) and ending 270 days after the

8 date of such commencement. The total number of replace9 ments made under this subsection during such period shall

10 not exceed 50 percent of the total number of employees

11 who were in the craft or class described in subsection (b).

12 ‘‘(F) A carrier, or an officer or agent of the carrier,

13 may hire a permanent replacement for an employee de14 scribed in subsection (b) during the period beginning 271

15 days after the date of the commencement of a dispute de16 scribed in subsection (b) and ending 360 days after the

17 date of such commencement. The total number of replace18 ments made under this subsection during such period shall

19 not exceed 75 percent of the total number of employees

20 who were in the craft or class described in subsection (b).

21 ‘‘(G) A carrier, or an officer or agent of the carrier,

22 may hire a permanent replacement for an employee de23 scribed in subsection (b) effective 361 days after the date
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1 of commencement of a dispute described in subsection

2 (b).’’.

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