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103D CONGRESS

1ST SESSION H. R. 114

To amend the National Labor Relations Act to increase the stability of

collective bargaining in the building and construction industry.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

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

on Education and Labor

A BILL

To amend the National Labor Relations Act to increase

the stability of collective bargaining in the building and

construction industry.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be referred to as the ‘‘Building and

5 Construction Industry Labor Law Amendments of 1993’’.

6 SEC. 2. SINGLE EMPLOYERS AND PREHIRE AGREEMENTS

7 IN THE CONSTRUCTION INDUSTRY.

8 (a) DEFINITION OF SINGLE EMPLOYER.—Section

9 2(2) of the National Labor Relations Act (29 U.S.C.

10 152(2)) is amended by adding at the end thereof the fol-
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1 lowing new sentence: ‘‘Any two or more business entities

2 engaged primarily in the building and construction indus3 try, performing work within the geographical area covered

4 by a collective bargaining agreement to which any of the

5 entities is a party, performing the type of work described

6 in such agreement, and having, directly or indirectly—

7 ‘‘(1) substantial common ownership;

8 ‘‘(2) substantial common management; or

9 ‘‘(3) substantial common control;

10 shall be deemed a single employer Provided, That the

11 terms and provisions of a contractor-subcontractor rela12 tionship between any two or more business entities work13 ing at a construction site shall not be deemed to create

14 a single employer or be considered as evidence of direct

15 or indirect common management or control, within the

16 meaning of this sentence’’.

17 (b) CONCERNING SCOPE OF DUTY TO BARGAIN.—

18 Section 8(d) of such Act (29 U.S.C. 158(d)) is amended

19 by adding at the end thereof the following new sentence:

20 ‘‘Whenever the collective bargaining involves employees of

21 a business entity comprising part of a single employer in

22 the building and construction industry, as defined in sec23 tion 2(2) of this Act, the duty to bargain collectively, for

24 the purposes of this section, shall include the duty to apply

25 the terms of a collective bargaining agreement between
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1 such business entity and a labor organization to all other

2 business entities comprising the single employer and per3 forming the work described in the collective bargaining

4 agreement within the geographical area covered by the

5 agreement.’’.

6 (c) PREHIRE AGREEMENTS.—Section 8(f) of such

7 Act (29 U.S.C. 158(f)) is amended—

8 (1) by striking out the colon at the end of

9 clause (4) and inserting in lieu thereof a period and

10 the following: ‘‘An agreement lawfully made pursu11 ant to this subsection shall impose the same obliga12 tions under this Act as an agreement made with a

13 majority representative pursuant to section 9(a):’’;

14 and

15 (2) by inserting before the period at the end of

16 such section the following new proviso: ‘‘: Provided

17 further, That any agreement lawfully made pursuant

18 to this subsection may be repudiated only after the

19 Board certifies the results of an election conducted

20 pursuant to section 9(c), in which a majority of em21 ployees in an appropriate bargaining unit either se22 lects a bargaining representative other than the

23 labor organization with which such agreement was

24 made or chooses not to be represented by a labor or25 ganization’’.
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1 SEC. 3. EFFECTIVE DATES.

2 (a) IN GENERAL.—Except as provided in subsection

3 (b), the amendments made by section 2 shall take effect

4 upon the date of the enactment of this Act.

5 (b) SPECIAL RULES.—The requirement imposed by

6 the amendment made by section 2(b) shall take effect—

7 (1) one year after such date of enactment with

8 respect to any building and construction project for

9 which the contract was entered into by an employer

10 before the date of the enactment of this Act; and

11 (2) on the date on which the contract is entered

12 into with respect to any new building or construction

13 project for which the contract is entered into by an

14 employer on or after the date of the enactment of

15 this Act.

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