I

103D CONGRESS

1ST SESSION H. R. 226

To amend the National Labor Relations Act to give employers and performers

in the live performing arts the same rights given by section 8(f) of

such Act to employers and employees in the construction industry, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

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

Committee on Education and Labor

A BILL

To amend the National Labor Relations Act to give employers and performers in the live performing arts the same

rights given by section 8(f) of such Act to employers

and employees in the construction industry, and for other

purposes.

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 ‘‘Live Performing Art5 ists Labor Relations Act’’.
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1 SEC. 2. EXTENDING SECTION 8(f) TO THE LIVE PERFORM2 ING ARTS INDUSTRY.

3 Section 8(f) of the National Labor Relations Act (29

4 U.S.C. 158(f)) is amended—

5 (1) by redesignating clauses (1) through (4) as

6 clauses (A) through (D), respectively;

7 (2) by inserting ‘‘(1)’’ after ‘‘(f)’’;

8 (3) by striking ‘‘clause (1)’’ and inserting

9 ‘‘clause (A)’’; and

10 (4) by adding at the end the following:

11 ‘‘(2) It shall not be an unfair labor practice under

12 subsections (a) and (b) of this section for an employer who

13 hires persons or contracts for the services of persons en14 gaged in the live performing arts to make an agreement

15 covering such persons who are engaged (or who, upon

16 their employment, will be engaged) in the live performing

17 arts with a labor organization of which performing artists

18 are members (not established, maintained, or assisted by

19 an action defined in section 8(a) of this Act as an unfair

20 labor practice) because (A) the majority status of such

21 labor organization has not been established under the pro22 visions of section 9 of this Act before the making of such

23 agreement; or (B) such agreement requires as a condition

24 of employment membership in such labor organization

25 after the seventh day following the beginning of such em26 ployment or the effective date of the agreement, whichever
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1 is later: Provided, That nothing in this subsection shall

2 set aside the final proviso of section 8(a)(3) of this Act:

3 Provided further, That any agreement which would be in4 valid, but for clause (A) of this paragraph, shall not be

5 a bar to a petition filed pursuant to section 9(c) or 9(e).’’.

6 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

7 (a) DEFINITION OF ‘‘EMPLOYER’’.—Section 2(2) of

8 the National Labor Relations Act (29 U.S.C. 152(2)) is

9 amended by inserting after ‘‘directly or indirectly,’’ the fol10 lowing: ‘‘and includes any person who is the purchaser of

11 live musical performance services regardless of whether

12 the performer of such services is an independent contrac13 tor, employer, or employee of another employer,’’.

14 (b) DEFINITION OF ‘‘EMPLOYEE’’.—Section 2(3) of

15 the Act (29 U.S.C. 152(3)) is amended by inserting after

16 ‘‘independent contractor’’ the following: ‘‘except that any

17 individual having such status who is engaged to perform

18 live musical services (other than an employer of persons

19 performing musical services) shall be included in the term

20 ‘employee’ ’’.

21 SEC. 4. CONSTRUCTION FOR INTERNAL REVENUE CODE

22 PURPOSES.

23 Nothing in the amendments made by this Act shall

24 be construed as affecting the treatment of individuals (as

25 employees or independent contractors) covered by such
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1 amendments for purposes of the Internal Revenue Code

2 of 1986 or for purposes of other laws.

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