Protecting Collective Bargaining Agreements Under One-Touch Make-Ready Act

Bill: 116-s-3804
Sponsor: full_name: Sen. Cardin, Benjamin L. [D-MD]
Introduced: 2020-05-21
Policy area: Labor and Employment
Latest action: action_date: 2020-05-21
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2020-05-21
action_desc: Introduced in Senate
text: <p><strong>Protecting Collective Bargaining Agreements Under One-Touch Make-Ready Act</strong></p> <p>This bill makes inapplicable any provision of the Federal Communications Commission rules relating to telecommunications attachments to utility poles that conflicts with certain labor laws or an existing collective bargaining agreement.</p>

tv_txt: II 116th CONGRESS 2d Session S. 3804 IN THE SENATE OF THE UNITED STATES May 21, 2020 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To clarify that the one-touch make-ready rules of the Federal Communication Commission for utility pole attachments do not supersede the National Labor Relations Act or collective bargaining agreements.

1. Short title This Act may be cited as the Protecting Collective Bargaining Agreements Under One-Touch Make-Ready Act . 2. Application of labor laws and collective bargaining agreements to one-touch make-ready rules (a) Definitions In this section— (1) the term existing attacher has the meaning given the term in section 1.1411 of title 47, Code of Federal Regulations; and (2) the term one-touch make-ready rules means— (A) the final rule promulgated by the Federal Communications Commission entitled Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment (83 Fed. Reg. 46812 (September 14, 2018)); and (B) the Third Report and Order and Declaratory Ruling in the matter of Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment and Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, adopted by the Federal Communications Commission on August 2, 2018 (FCC 18–111). (b) Relation to other laws and agreements (1) National Labor Relations Act To the extent that any provision of the one-touch make-ready rules conflicts with the National Labor Relations Act ( 29 U.S.C. 151 et seq.), or substantially impairs the purposes and policies of that Act, the provision shall not apply. (2) Collective bargaining agreements To the extent that any provision of the one-touch make-ready rules conflicts with a collective bargaining agreement between an existing attacher and a labor organization that exclusively represents the employees of the existing attacher, the provision shall not apply. (3) Determination of conflict or substantial impairment If a dispute arises as to whether a conflict or substantial impairment described in paragraph (1) or (2) exists, the parties to the dispute shall submit the issue for non-binding arbitration.