I
107TH CONGRESS
1ST SESSION
H. R. 2320
To amend the National Labor Relations Act and the Railway Labor Act
to prevent discrimination based on participation in labor disputes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 2001
Mr. TIERNEY (for himself, Mr. SERRANO, Mr. HINCHEY, Mr. FRANK, Mr.
MCNULTY, Mr. KILDEE, Mr. HILLIARD, Mr. NADLER, Mr. MURTHA, Mr.
PALLONE, Ms. BROWN of Florida, Mr. DEFAZIO, Ms. KAPTUR, Mr.
BONIOR, Ms. PELOSI, Ms. NORTON, Mr. ABERCROMBIE, Mr. GEORGE
MILLER of California, Mr. SANDERS, Mr. INSLEE, Ms. LEE, Mrs. MINK
of Hawaii, Mr. EVANS, Mr. RUSH, Mr. MCGOVERN, Mr. STARK, Mr. FIL-
NER, and Ms. CARSON of Indiana) introduced the following bill; which
was referred to the Committee on Education and the Workforce, and in
addition to the Committee on Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend the National Labor Relations Act and the Railway
Labor Act to prevent discrimination based on participa-
tion in labor disputes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PREVENTION OF DISCRIMINATION DURING
AND AT THE CONCLUSION OF LABOR DIS-
PUTES.
Section 8(a) of the National Labor Relations Act (29
U.S.C. 158(a)) is amended—
(1) by striking the period at the end of para-
graph (5) and inserting ‘‘; or’’; and
(2) by adding at the end thereof the following
new paragraph:
‘‘(6)(i) to offer, or to grant, the status of a per-
manent replacement employee to an individual for
performing bargaining unit work for the employer
during a labor dispute; or
‘‘(ii) to otherwise offer, or grant, an individual
any employment preference based on the fact that
such individual was employed, or indicated a willing-
ness to be employed, during a labor dispute over an
individual who—
‘‘(A) was an employee of the employer at
the commencement of the dispute;
‘‘(B) has exercised the right to join, to as-
sist, or to engage in other concerted activities
for the purpose of collective bargaining or other
mutual aid or protection through the labor or-
ganization involved in the dispute; and
‘‘(C) is working for, or has unconditionally
offered to return to work for, the employer.’’.
SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT
THE CONCLUSION OF RAILWAY LABOR DIS-
PUTES.
Paragraph Fourth of section 2 of the Railway Labor
Act (45 U.S.C. 152) is amended—
(1) by inserting ‘‘(a)’’ after ‘‘Fourth.’’; and
(2) by adding at the end the following:
‘‘(b) No carrier, or officer or agent of the carrier,
shall (1) offer, or grant, the status of a permanent replace-
ment employee to an individual for performing work in
a craft or class for the carrier during a dispute involving
the craft or class, or (2) otherwise offer, or grant, an indi-
vidual any employment preference based on the fact that
such individual was employed, or indicated a willingness
to be employed, during a dispute over an individual who
(A) was an employee of the carrier at the commencement
of the dispute, (B) has exercised the right to join, to orga-
nize, to assist in organizing, or to bargain collectively
through the labor organization involved in the dispute, and
(C) is working for, or has unconditionally offered to return
to work for, the carrier.’’.
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