[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 114 Introduced in House (IH)]

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 Representatives 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 following new sentence: ``Any two or more business entities 
engaged primarily in the building and construction industry, 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 relationship between any two 
or more business entities working 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 section 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 performing 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 pursuant to this subsection shall 
        impose the same obligations 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 employees in an appropriate bargaining unit either 
        selects a bargaining representative other than the labor 
        organization with which such agreement was made or chooses not 
        to be represented by a labor organization''.

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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