I
103D CONGRESS
1ST SESSION
H. R. 114
To amend the National Labor Relations Act to increase the stability of
collective bargaining in the building and construction industry.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. CLAY introduced the following bill; which was referred to the Committee
on Education and Labor
A BILL
To amend the National Labor Relations Act to increase
the stability of collective bargaining in the building and
construction industry.
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 referred to as the ‘‘Building and
Construction Industry Labor Law Amendments of 1993’’.
SEC. 2. SINGLE EMPLOYERS AND PREHIRE AGREEMENTS
IN THE CONSTRUCTION INDUSTRY.
(a) DEFINITION
OF SINGLE EMPLOYER.—Section
2(2) of the National Labor Relations Act (29 U.S.C.
152(2)) is amended by adding at the end thereof the fol-
lowing new sentence: ‘‘Any two or more business entities
engaged primarily in the building and construction indus-
try, performing work within the geographical area covered
by a collective bargaining agreement to which any of the
entities is a party, performing the type of work described
in such agreement, and having, directly or indirectly—
‘‘(1) substantial common ownership;
‘‘(2) substantial common management; or
‘‘(3) substantial common control;
shall be deemed a single employer Provided, That the
terms and provisions of a contractor-subcontractor rela-
tionship between any two or more business entities work-
ing at a construction site shall not be deemed to create
a single employer or be considered as evidence of direct
or indirect common management or control, within the
meaning of this sentence’’.
(b) CONCERNING SCOPE OF DUTY TO BARGAIN.—
Section 8(d) of such Act (29 U.S.C. 158(d)) is amended
by adding at the end thereof the following new sentence:
‘‘Whenever the collective bargaining involves employees of
a business entity comprising part of a single employer in
the building and construction industry, as defined in sec-
tion 2(2) of this Act, the duty to bargain collectively, for
the purposes of this section, shall include the duty to apply
the terms of a collective bargaining agreement between
such business entity and a labor organization to all other
business entities comprising the single employer and per-
forming the work described in the collective bargaining
agreement within the geographical area covered by the
agreement.’’.
(c) PREHIRE AGREEMENTS.—Section 8(f) of such
Act (29 U.S.C. 158(f)) is amended—
(1) by striking out the colon at the end of
clause (4) and inserting in lieu thereof a period and
the following: ‘‘An agreement lawfully made pursu-
ant to this subsection shall impose the same obliga-
tions under this Act as an agreement made with a
majority representative pursuant to section 9(a):’’;
and
(2) by inserting before the period at the end of
such section the following new proviso: ‘‘: Provided
further, That any agreement lawfully made pursuant
to this subsection may be repudiated only after the
Board certifies the results of an election conducted
pursuant to section 9(c), in which a majority of em-
ployees in an appropriate bargaining unit either se-
lects a bargaining representative other than the
labor organization with which such agreement was
made or chooses not to be represented by a labor or-
ganization’’.
SEC. 3. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by section 2 shall take effect
upon the date of the enactment of this Act.
(b) SPECIAL RULES.—The requirement imposed by
the amendment made by section 2(b) shall take effect—
(1) one year after such date of enactment with
respect to any building and construction project for
which the contract was entered into by an employer
before the date of the enactment of this Act; and
(2) on the date on which the contract is entered
into with respect to any new building or construction
project for which the contract is entered into by an
employer on or after the date of the enactment of
this Act.
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