II

105TH CONGRESS

2D SESSION S. 1685

To amend the National Labor Relations Act to require the National Labor

Relations Board to resolve unfair labor practice complaints in a timely

manner.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 26, 1998

Mr. HUTCHINSON 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 to require the

National Labor Relations Board to resolve unfair labor

practice complaints in a timely manner.

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 cited as the ‘‘Justice on Time Act

5 of 1998’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) An employee has a right under the National

9 Labor Relations Act (29 U.S.C. 151 et seq.) to be
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•S 1685 IS

1 free from discrimination with regard to hire or ten2 ure of employment or any term or condition of em3 ployment to encourage or discourage membership in

4 any labor organization. The Congress, the National

5 Labor Relations Board, and the courts have recog6 nized that the discharge of an employee to encour7 age or discourage union membership has a particu8 larly chilling effect on the exercise of rights provided

9 under section 7 of such Act.

10 (2) Although an employee who has been dis11 charged because of support or lack of support for a

12 labor organization has a right to be reinstated to the

13 previously held position with backpay, reinstatement

14 is often ordered months and even years after the ini15 tial discharge due to the lengthy delays in the proc16 essing of unfair labor practice charges by the Na17 tional Labor Relations Board and to the several lay18 ers of appeal under the National Labor Relations

19 Act.

20 (3) In order to minimize the chilling effect on

21 the exercise of rights provided under section 7 of the

22 National Labor Relations Act (29 U.S.C. 157)

23 caused by an unlawful discharge and to maximize

24 the effectiveness of the remedies for unlawful dis25 crimination under the National Labor Relations Act,
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1 the National Labor Relations Board should endeavor

2 to resolve in a timely manner all unfair labor prac3 tice complaints alleging that an employee has been

4 unlawfully discharged to encourage or discourage

5 membership in a labor organization.

6 (4) Expeditious resolution of such complaints

7 would benefit all parties not only by ensuring swift

8 justice, but also by reducing the costs of litigation

9 and backpay awards.

10 SEC. 3. PURPOSE.

11 The purpose of this Act is to ensure that the National

12 Labor Relations Board resolves in a timely manner all un13 fair labor practice complaints alleging that an employee

14 has been unlawfully discharged to encourage or discourage

15 membership in a labor organization.

16 SEC. 4. TIMELY RESOLUTION.

17 Section 10(m) of the National Labor Relations Act

18 (29 U.S.C. 160) is amended by adding at the end the fol19 lowing: ‘‘Whenever a complaint is issued as provided in

20 subsection (b) upon a charge that any person has engaged

21 in or is engaging in an unfair labor practice within the

22 meaning of subsection (a)(3) or (b)(2) of section 8 involv23 ing an unlawful discharge, the Board shall state its find24 ings of fact and issue and cause to be served on such per25 son an order requiring such person to cease and desist
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1 from such unfair labor practice and to take such affirma2 tive action, including reinstatement of an employee with

3 or without backpay, as will effectuate the policies of this

4 Act, or shall state its findings of fact and issue an order

5 dismissing the said complaint, not later than 365 days

6 after the filing of the unfair labor practice charge with

7 the Board.’’.

8 SEC. 5. REGULATIONS.

9 The National Labor Relations Board may issue such

10 regulations as are necessary to carry out the purposes of

11 this Act.

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