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Union Calendar No. 572

106TH CONGRESS

2D SESSION H. R. 1441

[Report No. 106–967]

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

OCTOBER 11, 2000

Additional sponsors: Mr. WATTS of Oklahoma, Mr. ARMEY, Mr. BLUNT, Mr.

STUMP, Mr. HOBSON, Mr. HULSHOF, Mr. BONILLA, Mr. BEREUTER, Mr.

COLLINS, Mr. HALL of Texas, Mr. NEY, Mr. HYDE, Mr. BARR of Georgia, Mr. CRANE, Mr. JONES of North Carolina, Mr. MCINTOSH, Mr.

CHAMBLISS, Mr. CHABOT, Mr. MANZULLO, Mr. LEWIS of Kentucky, Mrs.

EMERSON, Mr. VITTER, Mr. WHITFIELD, and Mr. KOLBE

OCTOBER 11, 2000

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed
2

•HR 1441 RH

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,

3 SECTION 1. SHORT TITLE.

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

5 Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:

8 (1) An atmosphere of trust and civility in labor9 management relationships is essential to a produc10 tive workplace and a healthy economy.

11 (2) The tactic of using professional union orga12 nizers and agents to infiltrate a targeted employer’s

13 workplace, a practice commonly referred to as ‘‘salt14 ing’’ has evolved into an aggressive form of harass15 ment not contemplated when the National Labor Re16 lations Act was enacted and threatens the balance of

17 rights which is fundamental to our system of collec18 tive bargaining.

19 (3) Increasingly, union organizers are seeking

20 employment with nonunion employers not because of

21 a desire to work for such employers but primarily to

22 organize the employees of such employers or to in-
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•HR 1441 RH

1 flict economic harm specifically designed to put non2 union competitors out of business, or to do both.

3 (4) While no employer may discriminate against

4 employees based upon the views of employees con5 cerning collective bargaining, an employer should

6 have the right to expect job applicants to be pri7 marily interested in utilizing the skills of the appli8 cants to further the goals of the business of the em9 ployer.

10 SEC. 3. PURPOSES.

11 The purposes of this title are—

12 (1) to preserve the balance of rights between

13 employers, employees, and labor organizations which

14 is fundamental to our system of collective bar15 gaining;

16 (2) to preserve the rights of workers to orga17 nize, or otherwise engage in concerted activities pro18 tected under the National Labor Relations Act; and

19 (3) to alleviate pressure on employers to hire

20 individuals who seek or gain employment in order to

21 disrupt the workplace of the employer or otherwise

22 inflict economic harm designed to put the employer

23 out of business.
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•HR 1441 RH

1 SEC. 4. PROTECTION OF EMPLOYER RIGHTS.

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

3 U.S.C. 158(a)) is amended by adding after and below

4 paragraph (5) the following:

5 ‘‘Nothing in this subsection shall be construed as requir6 ing an employer to employ any person who is not a bona

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

8 sought employment with the employer with the primary

9 purpose of furthering another employment or agency sta10 tus: Provided, That this sentence shall not affect the rights

11 and responsibilities under this Act of any employee who

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

13 right to self-organization, to form, join, or assist labor or14 ganizations, to bargain collectively through representatives

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

16 activities for the purpose of collective bargaining or other

17 mutual aid or protection.’’.

Union Calendar No. 572

106TH CONGRESS

2D SESSION H. R. 1441

[Report No. 106–967]

A BILL

To amend section 8(a) of the National Labor

Relations Act.

OCTOBER 11, 2000

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed