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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Truth in Employment
Act of 1999’’.
SEC. 2. FINDINGS.
Congress finds that:
(1) An atmosphere of trust and civility in labor-
management relationships is essential to a produc-
tive workplace and a healthy economy.
(2) The tactic of using professional union orga-
nizers and agents to infiltrate a targeted employer’s
workplace, a practice commonly referred to as ‘‘salt-
ing’’ has evolved into an aggressive form of harass-
ment not contemplated when the National Labor Re-
lations Act was enacted and threatens the balance of
rights which is fundamental to our system of collec-
tive bargaining.
(3) Increasingly, union organizers are seeking
employment with nonunion employers not because of
a desire to work for such employers but primarily to
organize the employees of such employers or to in-
flict economic harm specifically designed to put non-
union competitors out of business, or to do both.
(4) While no employer may discriminate against
employees based upon the views of employees con-
cerning collective bargaining, an employer should
have the right to expect job applicants to be pri-
marily interested in utilizing the skills of the appli-
cants to further the goals of the business of the em-
ployer.
SEC. 3. PURPOSES.
The purposes of this title are—
(1) to preserve the balance of rights between
employers, employees, and labor organizations which
is fundamental to our system of collective bar-
gaining;
(2) to preserve the rights of workers to orga-
nize, or otherwise engage in concerted activities pro-
tected under the National Labor Relations Act; and
(3) to alleviate pressure on employers to hire
individuals who seek or gain employment in order to
disrupt the workplace of the employer or otherwise
inflict economic harm designed to put the employer
out of business.
SEC. 4. PROTECTION OF EMPLOYER RIGHTS.
Section 8(a) of the National Labor Relations Act (29
U.S.C. 158(a)) is amended by adding after and below
paragraph (5) the following:
‘‘Nothing in this subsection shall be construed as requir-
ing an employer to employ any person who is not a bona
fide employee applicant, in that such person seeks or has
sought employment with the employer with the primary
purpose of furthering another employment or agency sta-
tus: Provided, That this sentence shall not affect the rights
and responsibilities under this Act of any employee who
is or was a bona fide employee applicant, including the
right to self-organization, to form, join, or assist labor or-
ganizations, to bargain collectively through representatives
of their own choosing, and to engage in other concerted
activities for the purpose of collective bargaining or other
mutual aid or protection.’’.
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