I

106TH CONGRESS

1ST SESSION H. R. 1441

To amend section 8(a) of the National Labor Relations Act.

IN THE HOUSE OF REPRESENTATIVES

APRIL 15, 1999

Mr. BOEHNER (for himself, Mr. GOODLING, Mrs. ROUKEMA, Mr. BALLENGER,

Mr. BARRETT of Nebraska, Mr. HOEKSTRA, Mr. MCKEON, Mr. CASTLE,

Mr. SAM JOHNSON of Texas, Mr. TALENT, Mr. GREENWOOD, Mr.

GRAHAM, Mr. SOUDER, Mr. NORWOOD, Mr. PAUL, Mr. SCHAFFER, Mr.

UPTON, Mr. DEAL of Georgia, Mr. HILLEARY, Mr. SALMON, Mr.

TANCREDO, Mr. FLETCHER, Mr. DEMINT, Mr. ISAKSON, Mr. DELAY,

Ms. PRYCE of Ohio, Mr. CUNNINGHAM, Mr. KASICH, Mrs. MYRICK, Mr.

LARGENT, Mrs. NORTHUP, Mr. BARTON of Texas, Mr. NETHERCUTT,

Mr. WELDON of Florida, Mr. HAYWORTH, Mr. SHADEGG, Mr. SUNUNU,

Mr. CALVERT, Mr. DICKEY, Mr. HEFLEY, Mr. SESSIONS, Mr. WATKINS,

Mr. WICKER, Mr. GOODLATTE, Mr. DOOLITTLE, Mr. RAMSTAD, Mr.

GOSS, Mr. HUTCHINSON, Mr. BARTLETT of Maryland, Mr. BRADY of

Texas, Mr. GARY MILLER of California, Mr. SKEEN, Mr. STEARNS, Mr.

PETERSON of Pennsylvania, Mrs. BIGGERT, Mr. BURTON of Indiana, Mr.

LATHAM, Mr. PITTS, Mr. PICKERING, Mr. KNOLLENBERG, Mr. PORTER,

and Ms. GRANGER) introduced the following bill; which was referred to

the Committee on Education and the Workforce

A BILL

To amend section 8(a) of 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

•HR 1441 IH

1 SECTION 1. SHORT TITLE.

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

3 Act of 1999’’.

4 SEC. 2. FINDINGS.

5 Congress finds that:

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

•HR 1441 IH

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 title 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 bar9 gaining;

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 after and below

21 paragraph (5) the following:

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

•HR 1441 IH

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

3 and responsibilities under this Act of any employee who

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

5 right to self-organization, to form, join, or assist labor or6 ganizations, to bargain collectively through representatives

7 of their own choosing, and to engage in other concerted

8 activities for the purpose of collective bargaining or other

9 mutual aid or protection.’’.

Æ