II

106TH CONGRESS

1ST SESSION S. 337

To preserve the balance of rights between employers, employees, and labor

organizations which is fundamental to our system of collective bargaining

while preserving the rights of workers to organize, or otherwise engage

in concerted activities protected under the National Labor Relations

Act.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 3, 1999

Mr. HUTCHINSON (for himself, Mr. LOTT, Mr. NICKLES, Mr. MACK, Mr.

CRAIG, Mr. COVERDELL, Mr. WARNER, Mr. HATCH, Ms. COLLINS, Mr.

COCHRAN, Mr. BUNNING, Mr. ASHCROFT, Mr. HELMS, Mr. GRASSLEY,

Mr. ENZI, Mr. INHOFE, Mr. BOND, Mr. GORTON, Mr. FRIST, Mr. THURMOND, Mr. HAGEL, Mr. ALLARD, Mr. GRAMS, Mr. KYL, Mr. ROBERTS,

Mr. SESSIONS, and Mr. SHELBY) introduced the following bill; which was

read twice and referred to the Committee on Health, Education, Labor,

and Pensions

A BILL

To preserve the balance of rights between employers, employees, and labor organizations which is fundamental to

our system of collective bargaining while preserving the

rights of workers to organize, or otherwise engage in

concerted activities protected under the National Labor

Relations Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 337 IS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Truth in Employment

3 Act’’.

4 SEC. 2. FINDINGS.

5 Congress makes the following findings:

6 (1) An atmosphere of trust and civility in labor7 management relationships is essential to a produc8 tive workplace and a healthy economy.

9 (2) The tactic of using professional union orga10 nizers and agents to infiltrate a targeted employer’s

11 workplace, a practice commonly referred to as ‘‘salt12 ing’’ has evolved into an aggressive form of harass13 ment not contemplated when the National Labor Re14 lations Act was enacted and threatens the balance of

15 rights which is fundamental to our system of collec16 tive bargaining.

17 (3) Increasingly, union organizers are seeking

18 employment with nonunion employers not because of

19 a desire to work for such employers but primarily to

20 organize the employees of such employers or to in21 flict economic harm specifically designed to put non22 union competitors out of business, or to do both.

23 (4) While no employer may discriminate against

24 employees based upon the views of employees con25 cerning collective bargaining, an employer should

26 have the right to expect job applicants to be pri-
3

•S 337 IS

1 marily interested in utilizing the skills of the appli2 cants to further the goals of the business of the em3 ployer.

4 SEC. 3. PURPOSES.

5 The purposes of this Act are—

6 (1) to preserve the balance of rights between

7 employers, employees, and labor organizations which

8 is fundamental to our system of collective bargain9 ing;

10 (2) to preserve the rights of workers to orga11 nize, or otherwise engage in concerted activities pro12 tected under the National Labor Relations Act; and

13 (3) to alleviate pressure on employers to hire

14 individuals who seek or gain employment in order to

15 disrupt the workplace of the employer or otherwise

16 inflict economic harm designed to put the employer

17 out of business.

18 SEC. 4. PROTECTION OF EMPLOYER RIGHTS.

19 Section 8(a) of the National Labor Relations Act (29

20 U.S.C. 158(a)) is amended by adding at the end the fol21 lowing flush sentence:

22 ‘‘Nothing in this subsection shall be construed as requir23 ing an employer to employ any person who is not a bona

24 fide employee applicant, in that such person seeks or has

25 sought employment with the employer with the primary
4

•S 337 IS

1 purpose of furthering another employment or agency sta2 tus: Provided, That this sentence shall not affect the

3 rights and responsibilities under this Act of any employee

4 who is or was a bona fide employee applicant, including

5 the right to self-organization, to form, join, or assist labor

6 organizations, to bargain collectively through representa7 tives of their own choosing, and to engage in other con8 certed activities for the purpose of collective bargaining

9 or other mutual aid or protection.’’.

Æ