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Union Calendar No. 134
104TH CONGRESS
1ST SESSION
H. R. 743
[Report No. 104–248]
To amend the National Labor Relations Act to allow labor management
cooperative efforts that improve economic competitiveness in the United
States to continue to thrive, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 30, 1995
Mr. GUNDERSON (for himself, Mr. FAWELL, Mr. GOODLING, Mr. HOEKSTRA,
Mr. PETRI, Mrs. ROUKEMA, Mr. BALLENGER, Mr. BARRETT of Ne-
braska, Mr. TALENT, Mr. CHRISTENSEN, Mr. EMERSON, Mr. BEREUTER,
Mr. BOEHNER, Mr. HOKE, Mr. LINDER, Mr. PORTER, Mr. PORTMAN,
Mr. STENHOLM, and Mr. HAYES) introduced the following bill; which was
referred to the Committee on Economic and Educational Opportunities
SEPTEMBER 18, 1995
Additional sponsors: Mr. MCKEON, Mr. WELDON
of Florida, Mr.
FUNDERBURK, Mrs. MEYERS of Kansas, Mr. SAM JOHNSON of Texas,
Mr. BATEMAN, Mr. UPTON, Mr. KNOLLENBERG, Mr. HUTCHINSON, Mr.
DEAL of Georgia, Mr. KLUG, Mr. MILLER of Florida, Mr. NORWOOD, Mr.
HALL of Texas, Mr. ZIMMER, Mr. QUILLEN, Mr. GRAHAM, Mr. SOUDER,
Mr. CUNNINGHAM, Mr. RIGGS, Mr. CASTLE, Mr. HANCOCK, Mr.
MCINTOSH, Mr. BONILLA, Mr. GALLEGLY, Mr. GREENWOOD, Mrs.
SEASTRAND, Mr. DREIER, Mr. COMBEST, Mr. CRAPO, Mr. CRANE, Mr.
COX of California, Mr. REGULA, Mr. BARTLETT of Maryland, Mr. BASS,
Mr. HEFLEY, Mrs. MYRICK, Mr. CANADY of Florida, Mr. MCCOLLUM,
Mr. COBLE, Mr. SCARBOROUGH, Mr. BRYANT of Tennessee, Mr. ALLARD,
Mrs. FOWLER, Mr. THORNBERRY, Mr. BAKER of Louisiana, Mr. GOSS,
Mr. WAMP, Mr. SALMON, Mr. HAYWORTH, Mr. CLINGER, Mr. BARTON
of Texas, Mr. CHAMBLISS, Mr. BILBRAY, Mr. KOLBE, Mr. HASTINGS of
Washington, Mr. HERGER, Mr. CALVERT, Mr. PARKER, Mr. LATHAM,
Mr. HANSEN, Mr. DOOLITTLE, Mr. STUMP, Mrs. CHENOWETH, Mr.
SMITH of Texas, Mr. INGLIS of South Carolina, Mr. BUNNING of Ken-
tucky, Mr. WOLF, Mr. MCINNIS, Mr. WICKER, Ms. PRYCE, Mr. BACHUS,
Mr. BARR, Mr. SPENCE, Mr. LAHOOD, Mr. MANZULLO, Mr. PAXON, Mr.
DICKEY, Mr. CALLAHAN, Mr. BLILEY, Mr. HILLEARY, Mr. HEINEMAN,
Mr. GEKAS, Ms. DUNN of Washington, Mr. NUSSLE, Mr. BROWNBACK,
Mrs. WALDHOLTZ, and Mrs. LINCOLN
SEPTEMBER 18, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend the National Labor Relations Act to allow labor
management cooperative efforts that improve economic
competitiveness in the United States to continue to
thrive, and for other purposes.
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 ‘‘Teamwork for Employ-
ees and Managers Act of 1995’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the escalating demands of global competi-
tion have compelled an increasing number of employ-
ers in the United States to make dramatic changes
in workplace and employer-employee relationships;
(2) such changes involve an enhanced role for
the employee in workplace decisionmaking, often re-
ferred to as ‘‘Employee Involvement’’, which has
taken many forms, including self-managed work
teams, quality-of-worklife, quality circles, and joint
labor-management committees;
(3) Employee Involvement programs, which op-
erate
successfully
in
both
unionized
and
nonunionized settings, have been established by over
80 percent of the largest employers in the United
States and exist in an estimated 30,000 workplaces;
(4) in addition to enhancing the productivity
and competitiveness of businesses in the United
States, Employee Involvement programs have had a
positive impact on the lives of such employees, better
enabling them to reach their potential in work force;
(5) recognizing that foreign competitors have
successfully
utilized
Employee
Involvement
tech-
niques, the Congress has consistently joined busi-
ness, labor and academic leaders in encouraging and
recognizing successful Employee Involvement pro-
grams in the workplace through such incentives as
the Malcolm Baldrige National Quality Award;
(6) employers who have instituted legitimate
Employee Involvement programs have not done so to
interfere with the collective bargaining rights guar-
anteed by the labor laws, as was the case in the
1930’s when employers established deceptive sham
‘‘company unions’’ to avoid unionization; and
(7) Employee Involvement is currently threat-
ened by legal interpretations of the prohibition
against employer-dominated ‘‘company unions’’.
(b) PURPOSES.—The purpose of this Act is—
(1) to protect legitimate Employee Involvement
programs against governmental interference;
(2) to preserve existing protections against de-
ceptive, coercive employer practices; and
(3) to allow legitimate Employee Involvement
programs to continue to evolve and proliferate.
SEC. 3. EMPLOYER EXCEPTION.
Section 8(a)(2) of the National Labor Relations Act
is amended by striking the semicolon and inserting the
following: ‘‘: Provided further, That it shall not constitute
or be evidence of an unfair labor practice under this para-
graph for an employer to establish, assist, maintain, or
participate in any organization or entity of any kind, in
which employees participate, to address matters of mutual
interest, including issues of quality, productivity and effi-
ciency, and which does not have, claim, or seek authority
to negotiate or enter into collective bargaining agreements
with the employer or to amend existing collective bargain-
ing agreements between the employer and any labor
organization.’’.
SEC. 4. LIMITATION ON EFFECT OF ACT.
Nothing in this Act shall affect employee rights and
responsibilities contained in provisions other than section
8(a)(2) of the National Labor Relations Act, as amended.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Teamwork for Employ-
ees and Managers Act of 1995’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the escalating demands of global competition
have compelled an increasing number of employers in
the United States to make dramatic changes in work-
place and employer-employee relationships;
(2) such changes involve an enhanced role for the
employee in workplace decisionmaking, often referred
to as ‘‘Employee Involvement’’, which has taken
many forms, including self-managed work teams,
quality-of-worklife, quality circles, and joint labor-
management committees;
(3) Employee Involvement programs, which op-
erate successfully in both unionized and nonunionized
settings, have been established by over 80 percent of
the largest employers in the United States and exist
in an estimated 30,000 workplaces;
(4) in addition to enhancing the productivity
and competitiveness of businesses in the United
States, Employee Involvement programs have had a
positive impact on the lives of such employees, better
enabling them to reach their potential in the
workforce;
(5) recognizing that foreign competitors have
successfully utilized Employee Involvement techniques,
the Congress has consistently joined business, labor
and academic leaders in encouraging and recognizing
successful Employee Involvement programs in the
workplace through such incentives as the Malcolm
Baldrige National Quality Award;
(6) employers who have instituted legitimate
Employee Involvement programs have not done so to
interfere with the collective bargaining rights guaran-
teed by the labor laws, as was the case in the 1930’s
when employers established deceptive sham ‘‘company
unions’’ to avoid unionization; and
(7) Employee Involvement is currently threat-
ened by legal interpretations of the prohibition
against employer-dominated ‘‘company unions’’.
(b) PURPOSES.—The purpose of this Act is—
(1) to protect legitimate Employee Involvement
programs against governmental interference;
(2) to preserve existing protections against de-
ceptive, coercive employer practices; and
(3) to allow legitimate Employee Involvement
programs, in which workers may discuss issues in-
volving terms and conditions of employment, to con-
tinue to evolve and proliferate.
SEC. 3. EMPLOYER EXCEPTION.
Section 8(a)(2) of the National Labor Relations Act
is amended by striking the semicolon and inserting the fol-
lowing: ‘‘: Provided further, That it shall not constitute or
be evidence of an unfair labor practice under this para-
graph for an employer to establish, assist, maintain, or par-
ticipate in any organization or entity of any kind, in which
employees participate, to address matters of mutual inter-
est, including, but not limited to, issues of quality, produc-
tivity, efficiency, and safety and health, and which does not
have, claim, or seek authority to be the exclusive bargaining
representative of the employees or to negotiate or enter into
collective bargaining agreements with the employer or to
amend existing collective bargaining agreements between
the employer and any labor organization, except that in
a case in which a labor organization is the representative
of such employees as provided in section 9(a), this proviso
shall not apply;’’.
SEC. 4. LIMITATION ON EFFECT OF ACT.
Nothing in this Act shall affect employee rights and
responsibilities contained in provisions other than section
8(a)(2) of the National Labor Relations Act, as amended.
Union Calendar No. 134
104TH CONGRESS
1ST SESSION
H. R. 743
[Report No. 104–248]
A BILL
To amend the National Labor Relations Act to
allow labor management cooperative efforts that
improve economic competitiveness in the United
States to continue to thrive, and for other pur-
poses.
SEPTEMBER 18, 1995
Reported with an amendment