I

104TH CONGRESS

2D SESSION H. R. 4247

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 HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 1996

Mr. GOODLING introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

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 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

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

9 Labor Relations Act to be free from discrimination
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1 with regard to hire or tenure of employment or any

2 term or condition of employment to encourage or

3 discourage membership in any labor organization.

4 The Congress, the National Labor Relations Board,

5 and the courts have recognized that the discharge of

6 an employee to encourage or discourage union mem7 bership has a particularly chilling effect on the exer8 cise of rights provided under section 7.

9 (2) Although an employee who has been dis10 charged because of support or lack of support for a

11 labor organization has a right to be reinstated to the

12 previously held position with backpay, reinstatement

13 is often ordered months and even years after the ini14 tial discharge due to the lengthy delays in the proc15 essing of unfair labor practice charges by the Na16 tional Labor Relations Board and to the several lay17 ers of appeal under the National Labor Relations

18 Act.

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

20 the exercise of rights provided under section 7

21 caused by an unlawful discharge and to maximize

22 the effectiveness of the remedies for unlawful dis23 crimination under the National Labor Relations Act,

24 the National Labor Relations Board should endeavor

25 to resolve in a timely manner all unfair labor prac-
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1 tice complaints alleging that an employee has been

2 unlawfully discharged to encourage or discourage

3 membership in a labor organization.

4 (4) Expeditious resolution of such complaints

5 would benefit all parties not only by ensuring swift

6 justice, but also by reducing the costs of litigation

7 and backpay awards.

8 SEC. 3. PURPOSE.

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

10 Labor Relations Board resolves in a timely manner all un11 fair labor practice complaints alleging that an employee

12 has been unlawfully discharged to encourage or discourage

13 membership in a labor organization.

14 SEC. 4. TIMELY RESOLUTION.

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

16 is amended by adding at the end the following new sen17 tence: ‘‘Whenever a complaint is issued as provided in sub18 section (b) upon a charge that any person has engaged

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

20 meaning of subsection (a)(3) or (b)(2) of section 8 involv21 ing an unlawful discharge, the Board shall state its find22 ings of fact and issue and cause to be served on such per23 son an order requiring such person to cease and desist

24 from such unfair labor practice and to take such affirma25 tive action, including reinstatement of an employee with
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1 or without backpay, as will effectuate the policies of this

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

3 dismissing the said complaint, not later than 365 days

4 after the filing of the unfair labor practice charge with

5 the Board.’’.

6 SEC. 5. REGULATIONS.

7 The Board may issue such regulations as are nec8 essary to carry out the purposes of this Act.

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