103D CONGRESS
1ST SESSION
H. R. 5
AN ACT
To amend the National Labor Relations Act and
the Railway Labor Act to prevent discrimination
based on participation in labor disputes.
103D CONGRESS
1ST SESSION
H. R. 5
AN ACT
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. SHORT TITLE.
This Act may be cited as the ‘‘Cesar Chavez Work-
place Fairness Act’’.
SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT
THE CONCLUSION OF LABOR DISPUTES.
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) to promise, to threaten, or to take other
action—
‘‘(i) to hire a permanent replacement for
an employee who—
‘‘(A) at the commencement of a labor
dispute was an employee of the employer
in a bargaining unit in which a labor orga-
nization—
‘‘(I) was the certified or recog-
nized exclusive representative, or
‘‘(II) at least 30 days prior to the
commencement of the dispute had
filed a petition pursuant to section
9(c)(1) on the basis of written author-
izations by a majority of the unit em-
ployees, and the Board has not com-
pleted the representation proceeding;
and
‘‘(B) in connection with that dispute
has engaged in concerted activities for the
purpose of collective bargaining or other
mutual aid or protection through that
labor organization; or
‘‘(ii) to withhold or deny any other employ-
ment right or privilege to an employee, who
meets the criteria of subparagraphs (A) and
(B) of clause (i) and who is working for or has
unconditionally offered to return to work for
the employer, out of a preference for any other
individual that is based on the fact that the in-
dividual is performing, has performed, or has
indicated a willingness to perform bargaining
unit work for the employer during the labor
dispute.’’.
SEC. 3. 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
replacement employee to an individual for perform-
ing work in a craft or class for the carrier during
a dispute which involves the craft or class and which
is between the carrier and the labor organization
that is acting as the collective bargaining representa-
tive involved in the dispute; or
‘‘(2) offer or grant an individual any other em-
ployment preference based on the fact that such in-
dividual performed work in a craft or class, or indi-
cated a willingness to perform such work, during a
dispute over an individual who—
‘‘(A) was an employee of the carrier at the
commencement of the dispute;
‘‘(B) in connection with such dispute has
exercised the right to join, to organize, to assist
in organizing, or to bargain collectively through
the labor organization that is acting as the col-
lective bargaining representative involved in the
dispute; and