[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 55 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 55

To amend the National Labor Relations Act and the Railway Labor Act to 
    prevent discrimination based on participation in labor disputes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

 Mr. Metzenbaum (for himself, Mr. Kennedy, Mr. Hatfield, Mr. Pell, Mr. 
Dodd, Mr. Simon, Mr. Harkin, Mr. Wellstone, Mr. Wofford, Mr. Akaka, Mr. 
    Biden, Mrs. Boxer, Mr. Bradley, Mr. Campbell, Mr. Daschle, Mr. 
Feingold, Mr. Kerry, Mr. Kerrey, Mr. Glenn, Mr. Inouye, Mr. Levin, Mr. 
 Lieberman, Ms. Moseley-Braun, Mr. Moynihan, Mr. Riegle, Mr. Sarbanes, 
Mr. Lautenberg, Ms. Mikulski, Mr. Mitchell, Mr. Sasser, and Mr. Baucus) 
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 and the Railway Labor Act to 
    prevent discrimination based on participation in labor disputes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF 
              LABOR DISPUTES.

    Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) 
is amended--
            (1) by striking the period at the end of paragraph (5) and 
        inserting ``; or''; and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(6) to promise, to threaten, or take other action--
                    ``(i) to hire a permanent replacement for an 
                employee who--
                            ``(A) at the commencement of a labor 
                        dispute was an employee of the employer in a 
                        bargaining unit in which a labor organization 
                        was the certified or recognized exclusive 
                        representative or, on the basis of written 
                        authorizations by a majority of the unit 
                        employees, was seeking to be so certified or 
                        recognized; and
                            ``(B) in connection with that dispute has 
                        engaged in concerted activities for the purpose 
                        of collective bargaining or other mutual aid or 
                        protection through that labor organization; or
                    ``(ii) to withhold or deny any other employment 
                right or privilege to an employee, who meets the 
                criteria of subparagraph (A) and (B) of clause (i) and 
                who is working for or has unconditionally offered to 
                return to work for the employer, out of a preference 
                for any other individual that is based on the fact that 
                the individual is performing, has performed or has 
                indicated a willingness to perform bargaining unit work 
                for the employer during the labor dispute.''.

SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF 
              RAILWAY LABOR DISPUTES.

    Paragraph Fourth of section 2 of the Railway Labor Act (45 U.S.C. 
152) is amended--
            (1) by inserting ``(a)'' after ``Fourth.''; and
            (2) by adding at the end thereof the following:
    ``(b) No carrier, or officer or agent of the carrier, shall 
promise, threaten or take other action--
            ``(1) to hire a permanent replacement for an employee who--
                    ``(A) at the commencement of a dispute was an 
                employee of the carrier in a craft or class in which a 
                labor organization was the designated or authorized 
                representative or, on the basis of written 
                authorizations by a majority of the craft or class, was 
                seeking to be so designated or authorized; and
                    ``(B) in connection with that dispute has exercised 
                the right to join, to organize, to assist in 
                organizing, or to bargain collectively through that 
                labor organization; or
            ``(2) to withhold or deny any other employment right or 
        privilege to an employee, who meets the criteria of 
        subparagraphs (A) and (B) of paragraph (1) and who is working 
        for or has unconditionally offered to return to work for the 
        carrier, out of a preference for any other individual that is 
        based on the fact that the individual is employed, was 
        employed, or indicated a willingness to be employed during the 
        dispute.''.

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