[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 481 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 481

    To amend the National Labor Relations Act to give employers and 
performers in the live performing arts 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 SENATE OF THE UNITED STATES

               March 2 (legislative day, January 5), 1993

 Mr. Simon (for himself, Mr. Akaka, Mr. Bradley, Mr. Byrd, Mr. Conrad, 
Mr. D'Amato, Mr. Dodd, Mr. Exon, Mr. Harkin, Mr. Kerry, Mr. Lautenberg, 
Mr. Levin, Mr. Lieberman, Mr. Metzenbaum, Mr. Moynihan, Mr. Murray, Mr. 
  Pell, Mr. Rockefeller, Mr. Sarbanes, Mr. Sasser, Mr. Wellstone, Mr. 
  Wofford, Mr. Hatfield, Mr. Inouye, and Ms. Mikulski) introduced the 
 following bill; which was read twice and referred to the Committee on 
                       Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
    To amend the National Labor Relations Act to give employers and 
performers in the live performing arts 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Live Performing Artists Labor 
Relations Act''.

SEC. 2. EXTENDING SECTION 8(f) TO THE LIVE PERFORMING ARTS INDUSTRY.

    Section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)) 
is amended--
            (1) by redesignating clauses (1) through (4) as clauses (A) 
        through (D), respectively;
            (2) by inserting ``(1)'' after ``(f)'';
            (3) by striking ``clause (1)'' and inserting ``clause 
        (A)''; and
            (4) by adding at the end the following:
    ``(2) It shall not be an unfair labor practice under subsections 
(a) and (b) of this section 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 established, maintained, or assisted by an action defined in 
section 8(a) of this Act as an unfair labor practice) because (A) the 
majority status of such labor organization has not been established 
under the provisions of section 9 of this Act before the making of such 
agreement; or (B) such agreement requires as a condition 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: Provided, That nothing in this 
subsection shall set aside the final proviso of section 8(a)(3) of this 
Act: Provided further, That any agreement which would be invalid, but 
for clause (A) of this paragraph, shall not be a bar to a petition 
filed pursuant to section 9(c) or 9(e).''.

SEC. 3. 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 following: ``and includes any person 
who is the purchaser of live musical performance services regardless of 
whether the performer of such services is an independent contractor, 
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'''.

SEC. 4. CONSTRUCTION FOR INTERNAL REVENUE CODE PURPOSES.

    Nothing in the amendments made by this Act shall be construed as 
affecting the treatment of individuals (as employees or independent 
contractors) covered by such amendments for purposes of the Internal 
Revenue Code of 1986 or for purposes of other laws.

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