I
105TH CONGRESS
1ST SESSION
H. R. 1598
To amend the National Labor Relations Act to require the National Labor
Relations Board to resolve unfair labor practice complaints in a timely
manner.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1997
Mr. GOODLING introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To amend the National Labor Relations Act to require the
National Labor Relations Board to resolve unfair labor
practice complaints in a timely manner.
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 ‘‘Justice on Time Act
of 1997’’.
SEC. 2. 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 endeavor
to resolve in a timely manner all unfair labor prac-
tice complaints alleging that an employee has been
unlawfully discharged to encourage or discourage
membership 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. 3. PURPOSE.
The purpose of this Act is to ensure that the National
Labor Relations Board resolves in a timely manner all un-
fair labor practice complaints alleging that an employee
has been unlawfully discharged to encourage or discourage
membership in a labor organization.
SEC. 4. 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.’’.
SEC. 5. REGULATIONS.
The Board may issue such regulations as are nec-
essary to carry out the purposes of this Act.
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