I
106TH CONGRESS
2D SESSION
H. R. 5185
To amend the National Labor Relations Act to give employers and performers
in the live performing arts, rights given by section 8(e) of such Act
to employers and employees in similarly situated industries, to give such
employers and performers the same rights given by section 8(f) of such
Act to employers and employees in the construction industry, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 2000
Mr. PETERSON of Minnesota (for himself, Mr. QUINN, Mr. PHELPS, Mr.
HOUGHTON, Mr. CROWLEY, Mr. UPTON, Mr. BOEHLERT, Mr. ABER-
CROMBIE, Mr. WU, Mr. LARSON, Mr. SHERMAN, Mr. LAFALCE, Mr.
CAPUANO, and Mr. LAMPSON) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce
A BILL
To amend the National Labor Relations Act to give employ-
ers and performers in the live performing arts, rights
given by section 8(e) of such Act to employers and em-
ployees in similarly situated industries, to give such em-
ployers and performers the same rights given by section
8(f) of such Act to employers and employees in the
construction industry, 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 ‘‘Live Performing Arts
Labor Relations Amendments’’.
SEC. 2. EXTENDING SECTION 8(e) TO THE LIVE PER-
FORMING ARTS INDUSTRY.
Section 8(e) of the National Labor Relations Act (29
U.S.C. 158(e)) is amended by striking ‘‘Provided further’’
in the second proviso and all that follows and inserting
the following: ‘‘Provided further, That for the purposes of
this subsection and subsection (b)(4)(B), the terms ‘any
employer’, ‘any person engaged in commerce or in indus-
try affecting commerce’, and ‘any person’, when used in
relation to the terms ‘any other producer, processor, or
manufacturer’, ‘any other employer’, or ‘any other person’
shall not include persons in the relation of a jobber, manu-
facturer, contractor, or subcontractor working on the
goods or premises of the jobber or manufacturer or per-
forming parts of an integrated process of production in
the apparel and clothing industry or persons in the rela-
tion of a leader, contractor, purchaser of live entertain-
ment or live music, promoter, producer, or persons simi-
larly engaged or involved in an integrated production or
performance of any kind in the live entertainment indus-
try: Provided further, That nothing in this Act shall pro-
hibit the enforcement of any contract or agreement, ex-
pressed or implied, which is within the foregoing excep-
tion.’’.
SEC. 3. EXTENDING SECTION 8(f) TO THE LIVE PER-
FORMING ARTS INDUSTRY.
Section 8(f) of the National Labor Relations Act (29
U.S.C. 158(f)) is amended by inserting ‘‘(1)’’ after ‘‘(f)’’,
and by adding at the end the following:
‘‘(2) It shall not be an unfair labor practice
under subsections (a) and (b) for an employer who
hires persons or contracts for the services of persons
engaged in the live performing arts to make an
agreement covering such persons who are engaged
(or who, upon their employment, will be engaged) in
the live performing arts with a labor organization of
which performing artists are members (not estab-
lished, maintained, or assisted by an action defined
in subsection (a) as an unfair labor practice)—
‘‘(A) the majority status of such labor or-
ganization has not been established under the
provisions of section 9 before the making of
such agreement; or
‘‘(B) such agreement requires as a condi-
tion of employment membership in such labor
organization after the seventh day following the
beginning of such employment or the effective
date of the agreement, whichever is later: Pro-
vided, That nothing in this subsection shall set
aside the final proviso of subsection (a)(3): Pro-
vided further, That any agreement which would
be invalid, but for clause (A), shall not be a bar
to a petition filed pursuant to section 9(c) or
(e).’’.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) DEFINITION OF ‘‘EMPLOYER’’.—Section 2(2) of
the National Labor Relations Act (29 U.S.C. 152(2)) is
amended by inserting after ‘‘directly or indirectly’’ the fol-
lowing: ‘‘and includes any person who is the purchaser of
live musical performance services regardless of whether
the performer of such services is an independent con-
tractor, employer, or employee of another employer,’’.
(b) DEFINITION OF ‘‘EMPLOYEE’’.—Section 2(3) of
the Act (29 U.S.C. 152(3)) is amended by inserting after
‘‘independent contractor’’ the following: ‘‘except that any
individual having such status who is engaged to perform
live musical services (other than an employer of persons
performing musical services) shall be included in the term
‘employee,’ ’’.
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