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105TH CONGRESS

1ST SESSION H. R. 758

To amend the National Labor Relations Act to protect employer rights.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1997

Mr. FAWELL (for himself, Mr. BALLENGER, Mr. BARRETT of Nebraska, Mr.

MCKEON, Mr. SAM JOHNSON of Texas, Mr. KNOLLENBERG, Mr. RIGGS,

Mr. GRAHAM, Mr. SOUDER, Mr. MCINTOSH, Mr. NORWOOD, Mr. DEAL

of Georgia, Mr. BOEHNER, Mr. CHRISTENSEN, Mr. DICKEY, Mr. EHRLICH, Mr. BUNNING, Mr. HAYWORTH, Mr. INGLIS of South Carolina, Mr.

WELDON of Florida, Mr. HERGER, Mr. BRYANT, Mr. MILLER of Florida,

Mr. WICKER, Mr. CHAMBLISS, Mr. SNOWBARGER, Mr. HEFLEY, Mr.

LINDER, Mr. BEREUTER, Mr. SESSIONS, Mr. CUNNINGHAM, Mr. PAXON,

Mr. PITTS, Mr. BOB SCHAFFER of Colorado, Mr. CANADY of Florida, Mr.

HILL, Mr. HUTCHINSON, and Mr. NETHERCUTT) introduced the following bill; which was referred to the Committee on Education and the

Workforce

A BILL

To amend the National Labor Relations Act to protect

employer rights.

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 1997’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that:

3 (1) An atmosphere of trust and civility in labor4 management relationships is essential to a produc5 tive workplace and a healthy economy.

6 (2) The tactic of using professional union orga7 nizers and agents to infiltrate a targeted employer’s

8 workplace, a practice commonly referred to as ‘‘salt9 ing’’ has evolved into an aggressive form of harass10 ment not contemplated when the National Labor Re11 lations Act was enacted and threatens the balance of

12 rights which is fundamental to our system of collec13 tive bargaining.

14 (3) Increasingly, union organizers are seeking

15 employment with nonunion employers not because of

16 a desire to work for such employers but primarily to

17 organize the employees of such employers or to in18 flict economic harm specifically designed to put non19 union competitors out of business, or to do both.

20 (4) While no employer may discriminate against

21 employees based upon the views of employees con22 cerning collective bargaining, an employer should

23 have the right to expect job applicants to be pri24 marily interested in utilizing the skills of the appli25 cants to further the goals of the business of the em26 ployer.
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1 SEC. 3. PURPOSES.

2 The purposes of this Act are—

3 (1) to preserve the balance of rights between

4 employers, employees, and labor organizations which

5 is fundamental to our system of collective bargain6 ing;

7 (2) to preserve the rights of workers to orga8 nize, or otherwise engage in concerted activities pro9 tected under the National Labor Relations Act; and

10 (3) to alleviate pressure on employers to hire

11 individuals who seek or gain employment in order to

12 disrupt the workplace of the employer or otherwise

13 inflict economic harm designed to put the employer

14 out of business.

15 SEC. 4. PROTECTION OF EMPLOYER RIGHTS.

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

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

18 paragraph (5) the following:

19 ‘‘Nothing in this subsection shall be construed as requir20 ing an employer to employ any person who seeks or has

21 sought employment with the employer in furtherance of

22 other employment or agency status.’’.

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