mine the appropriateness of the bargaining unit. In mak-
ing its determination, the Board shall consider functional
integration, centralized control, common skills, functions
and working conditions, permanent and temporary em-
ployee interchange, geographical separation, local auton-
omy, the number of employees, bargaining history, and
such other factors as the Board considers appropriate.’’.
TITLE III—JUSTICE ON TIME
SEC. 301. FINDINGS.
The Congress finds the following:
(1) An employee has a right under the National
Labor Relations Act to be free from discrimination
with regard to hire or tenure of employment or any
term or condition of employment to encourage or
discourage membership in any labor organization.
The Congress, the National Labor Relations Board,
and the courts have recognized that the discharge of
an employee to encourage or discourage union mem-
bership has a particularly chilling effect on the exer-
cise of rights provided under section 7.
(2) Although an employee who has been dis-
charged because of support or lack of support for a
labor organization has a right to be reinstated to the
previously held position with backpay, reinstatement
is often ordered months and even years after the ini-
tial discharge due to the lengthy delays in the proc-
essing of unfair labor practice charges by the Na-
tional Labor Relations Board and to the several lay-
ers of appeal under the National Labor Relations
Act.
(3) In order to minimize the chilling effect on
the exercise of rights provided under section 7
caused by an unlawful discharge and to maximize
the effectiveness of the remedies for unlawful dis-
crimination under the National Labor Relations Act,
the National Labor Relations Board should resolve
in a timely manner all unfair labor practice com-
plaints alleging that an employee has been unlaw-
fully discharged to encourage or discourage member-
ship in a labor organization.
(4) Expeditious resolution of such complaints
would benefit all parties not only by ensuring swift
justice, but also by reducing the costs of litigation
and backpay awards.
SEC. 302. PURPOSE.
The purpose of this title is to ensure that the Na-
tional Labor Relations Board resolves in a timely manner
all unfair labor practice complaints alleging that an em-
ployee has been unlawfully discharged to encourage or dis-
courage membership in a labor organization.
SEC. 303. TIMELY RESOLUTION.
Section 10(m) of the National Labor Relations Act
is amended by adding at the end the following new sen-
tence: ‘‘Whenever a complaint is issued as provided in sub-
section (b) upon a charge that any person has engaged
in or is engaging in an unfair labor practice within the
meaning of subsection (a)(3) or (b)(2) of section 8 involv-
ing an unlawful discharge, the Board shall state its find-
ings of fact and issue and cause to be served on such per-
son an order requiring such person to cease and desist
from such unfair labor practice and to take such affirma-
tive action, including reinstatement of an employee with
or without backpay, as will effectuate the policies of this
Act, or shall state its findings of fact and issue an order
dismissing the said complaint, not later than 365 days
after the filing of the unfair labor practice charge with
the Board except in cases of extreme complexity. The
Board shall submit a report annually to the Committee
on Education and the Workforce of the House of Rep-
resentatives and the Committee on Labor and Human Re-
sources of the Senate regarding any cases pending for
more than 1 year, including an explanation of the factors
contributing to such a delay and recommendations for
prompt resolution of such cases.’’.
SEC. 304. REGULATIONS.
The Board may issue such regulations as are nec-
essary to carry out the purposes of this title.
TITLE IV—ATTORNEYS FEES
SEC. 401. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds as follows:
(1) Certain small businesses and labor organi-
zations are at a great disadvantage in terms of ex-
pertise and resources when facing actions brought by
the National Labor Relations Board.
(2) The attempt to ‘‘level the playing field’’ for
small businesses and labor organizations by means
of the Equal Access to Justice Act has proven inef-
fective and has been underutilized by these small en-
tities in their actions before the National Labor Re-
lations Board.
(3) The greater expertise and resources of the
National Labor Relations Board as compared with
those of small businesses and labor organizations ne-
cessitate a standard that awards fees and costs to
certain small entities when they prevail against the
National Labor Relations Board.
(b) PURPOSE.—It is the purpose of this title—
(1) to ensure that certain small businesses and
labor organizations will not be deterred from seeking
review of, or defending against, actions brought
against them by the National Labor Relations Board
because of the expense involved in securing vindica-
tion of their rights;
(2) to reduce the disparity in resources and ex-
pertise between certain small businesses and labor
organizations and the National Labor Relations
Board; and
(3) to make the National Labor Relations
Board more accountable for its enforcement actions
against certain small businesses and labor organiza-
tions by awarding fees and costs to these entities
when they prevail against the National Labor Rela-
tions Board.
SEC. 402. AMENDMENT TO NATIONAL LABOR RELATIONS
ACT.
The National Labor Relations Act (29 U.S.C. 151
and following) is amended by adding at the end the follow-
ing new section:
‘‘AWARDS OF ATTORNEYS’ FEES AND COSTS
‘‘SEC. 20. (a) ADMINISTRATIVE PROCEEDINGS.—An
employer who, or a labor organization that—
‘‘(1) is the prevailing party in an adversary ad-
judication conducted by the Board under this or any
other Act, and
‘‘(2) had not more than 100 employees and a
net worth of not more than $1,400,000 at the time
the adversary adjudication was initiated,
shall be awarded fees and other expenses as a prevailing
party under section 504 of title 5, United States Code,
in accordance with the provisions of that section, but with-
out regard to whether the position of the Board was sub-
stantially justified or special circumstances make an
award unjust. For purposes of this subsection, the term
‘adversary adjudication’ has the meaning given that term
in section 504(b)(1)(C) of title 5, United States Code.
‘‘(b) COURT PROCEEDINGS.—An employer who, or a
labor organization that—
‘‘(1) is the prevailing party in a civil action, in-
cluding proceedings for judicial review of agency ac-
tion by the Board, brought by or against the Board,
and
‘‘(2) had not more than 100 employees and a
net worth of not more than $1,400,000 at the time
the civil action was filed,
shall be awarded fees and other expenses as a prevailing
party under section 2412(d) of title 28, United States
Code, in accordance with the provisions of that section,
but without regard to whether the position of the United
States was substantially justified or special circumstances
make an award unjust. Any appeal of a determination of
fees pursuant to subsection (a) or this subsection shall be
determined without regard to whether the position of the
United States was substantially justified or special cir-
cumstances make an award unjust.’’.
SEC. 403. APPLICABILITY.
(a) AGENCY PROCEEDINGS.—Subsection (a) of sec-
tion 20 of the National Labor Relations Act, as added by
section 402 of this Act, applies to agency proceedings com-
menced on or after the date of the enactment of this Act.
(b) COURT PROCEEDINGS.—Subsection (b) of section
20 of the National Labor Relations Act, as added by sec-
tion 402 of this Act, applies to civil actions commenced
on or after the date of the enactment of this Act.
Passed the House of Representatives March 26,
1998.
Attest:
Clerk.