[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 743 Reported in House (RH)]

                                                 Union Calendar No. 134
104th CONGRESS
  1st Session
                                H. R. 743

                          [Report No. 104-248]

  To amend the National Labor Relations Act to allow labor management 
cooperative efforts that improve economic competitiveness in the United 
         States to continue to thrive, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 1995

Mr. Gunderson (for himself, Mr. Fawell, Mr. Goodling, Mr. Hoekstra, Mr. 
   Petri, Mrs. Roukema, Mr. Ballenger, Mr. Barrett of Nebraska, Mr. 
 Talent, Mr. Christensen, Mr. Emerson, Mr. Bereuter, Mr. Boehner, Mr. 
Hoke, Mr. Linder, Mr. Porter, Mr. Portman, Mr. Stenholm, and Mr. Hayes) 
 introduced the following bill; which was referred to the Committee on 
                 Economic and Educational Opportunities

                           September 18, 1995

Additional sponsors: Mr. McKeon, Mr. Weldon of Florida, Mr. Funderburk, 
   Mrs. Meyers of Kansas, Mr. Sam Johnson of Texas, Mr. Bateman, Mr. 
Upton, Mr. Knollenberg, Mr. Hutchinson, Mr. Deal of Georgia, Mr. Klug, 
Mr. Miller of Florida, Mr. Norwood, Mr. Hall of Texas, Mr. Zimmer, Mr. 
Quillen, Mr. Graham, Mr. Souder, Mr. Cunningham, Mr. Riggs, Mr. Castle, 
 Mr. Hancock, Mr. McIntosh, Mr. Bonilla, Mr. Gallegly, Mr. Greenwood, 
Mrs. Seastrand, Mr. Dreier, Mr. Combest, Mr. Crapo, Mr. Crane, Mr. Cox 
  of California, Mr. Regula, Mr. Bartlett of Maryland, Mr. Bass, Mr. 
 Hefley, Mrs. Myrick, Mr. Canady of Florida, Mr. McCollum, Mr. Coble, 
Mr. Scarborough, Mr. Bryant of Tennessee, Mr. Allard, Mrs. Fowler, Mr. 
Thornberry, Mr. Baker of Louisiana, Mr. Goss, Mr. Wamp, Mr. Salmon, Mr. 
Hayworth, Mr. Clinger, Mr. Barton of Texas, Mr. Chambliss, Mr. Bilbray, 
  Mr. Kolbe, Mr. Hastings of Washington, Mr. Herger, Mr. Calvert, Mr. 
    Parker, Mr. Latham, Mr. Hansen, Mr. Doolittle, Mr. Stump, Mrs. 
   Chenoweth, Mr. Smith of Texas, Mr. Inglis of South Carolina, Mr. 
Bunning of Kentucky, Mr. Wolf, Mr. McInnis, Mr. Wicker, Ms. Pryce, Mr. 
Bachus, Mr. Barr, Mr. Spence, Mr. LaHood, Mr. Manzullo, Mr. Paxon, Mr. 
   Dickey, Mr. Callahan, Mr. Bliley, Mr. Hilleary, Mr. Heineman, Mr. 
    Gekas, Ms. Dunn of Washington, Mr. Nussle, Mr. Brownback, Mrs. 
                      Waldholtz, and Mrs. Lincoln

                           September 18, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend the National Labor Relations Act to allow labor management 
cooperative efforts that improve economic competitiveness in the United 
         States to continue to thrive, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Teamwork for Employees and 
Managers Act of 1995''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the escalating demands of global competition 
        have compelled an increasing number of employers in the United 
        States to make dramatic changes in workplace and employer-
        employee relationships;</DELETED>
        <DELETED>    (2) such changes involve an enhanced role for the 
        employee in workplace decisionmaking, often referred to as 
        ``Employee Involvement'', which has taken many forms, including 
        self-managed work teams, quality-of-worklife, quality circles, 
        and joint labor-management committees;</DELETED>
        <DELETED>    (3) Employee Involvement programs, which operate 
        successfully in both unionized and nonunionized settings, have 
        been established by over 80 percent of the largest employers in 
        the United States and exist in an estimated 30,000 
        workplaces;</DELETED>
        <DELETED>    (4) in addition to enhancing the productivity and 
        competitiveness of businesses in the United States, Employee 
        Involvement programs have had a positive impact on the lives of 
        such employees, better enabling them to reach their potential 
        in work force;</DELETED>
        <DELETED>    (5) recognizing that foreign competitors have 
        successfully utilized Employee Involvement techniques, the 
        Congress has consistently joined business, labor and academic 
        leaders in encouraging and recognizing successful Employee 
        Involvement programs in the workplace through such incentives 
        as the Malcolm Baldrige National Quality Award;</DELETED>
        <DELETED>    (6) employers who have instituted legitimate 
        Employee Involvement programs have not done so to interfere 
        with the collective bargaining rights guaranteed by the labor 
        laws, as was the case in the 1930's when employers established 
        deceptive sham ``company unions'' to avoid unionization; 
        and</DELETED>
        <DELETED>    (7) Employee Involvement is currently threatened 
        by legal interpretations of the prohibition against employer-
        dominated ``company unions''.</DELETED>
<DELETED>    (b) Purposes.--The purpose of this Act is--</DELETED>
        <DELETED>    (1) to protect legitimate Employee Involvement 
        programs against governmental interference;</DELETED>
        <DELETED>    (2) to preserve existing protections against 
        deceptive, coercive employer practices; and</DELETED>
        <DELETED>    (3) to allow legitimate Employee Involvement 
        programs to continue to evolve and proliferate.</DELETED>

<DELETED>SEC. 3. EMPLOYER EXCEPTION.</DELETED>

<DELETED>    Section 8(a)(2) of the National Labor Relations Act is 
amended by striking the semicolon and inserting the following: ``: 
Provided further, That it shall not constitute or be evidence of an 
unfair labor practice under this paragraph for an employer to 
establish, assist, maintain, or participate in any organization or 
entity of any kind, in which employees participate, to address matters 
of mutual interest, including issues of quality, productivity and 
efficiency, and which does not have, claim, or seek authority to 
negotiate or enter into collective bargaining agreements with the 
employer or to amend existing collective bargaining agreements between 
the employer and any labor organization.''.</DELETED>

<DELETED>SEC. 4. LIMITATION ON EFFECT OF ACT.</DELETED>

<DELETED>    Nothing in this Act shall affect employee rights and 
responsibilities contained in provisions other than section 8(a)(2) of 
the National Labor Relations Act, as amended.</DELETED>
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Teamwork for Employees and Managers 
Act of 1995''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the escalating demands of global competition have 
        compelled an increasing number of employers in the United 
        States to make dramatic changes in workplace and employer-
        employee relationships;
            (2) such changes involve an enhanced role for the employee 
        in workplace decisionmaking, often referred to as ``Employee 
        Involvement'', which has taken many forms, including self-
        managed work teams, quality-of-worklife, quality circles, and 
        joint labor-management committees;
            (3) Employee Involvement programs, which operate 
        successfully in both unionized and nonunionized settings, have 
        been established by over 80 percent of the largest employers in 
        the United States and exist in an estimated 30,000 workplaces;
            (4) in addition to enhancing the productivity and 
        competitiveness of businesses in the United States, Employee 
        Involvement programs have had a positive impact on the lives of 
        such employees, better enabling them to reach their potential 
        in the workforce;
            (5) recognizing that foreign competitors have successfully 
        utilized Employee Involvement techniques, the Congress has 
        consistently joined business, labor and academic leaders in 
        encouraging and recognizing successful Employee Involvement 
        programs in the workplace through such incentives as the 
        Malcolm Baldrige National Quality Award;
            (6) employers who have instituted legitimate Employee 
        Involvement programs have not done so to interfere with the 
        collective bargaining rights guaranteed by the labor laws, as 
        was the case in the 1930's when employers established deceptive 
        sham ``company unions'' to avoid unionization; and
            (7) Employee Involvement is currently threatened by legal 
        interpretations of the prohibition against employer-dominated 
        ``company unions''.
    (b) Purposes.--The purpose of this Act is--
            (1) to protect legitimate Employee Involvement programs 
        against governmental interference;
            (2) to preserve existing protections against deceptive, 
        coercive employer practices; and
            (3) to allow legitimate Employee Involvement programs, in 
        which workers may discuss issues involving terms and conditions 
        of employment, to continue to evolve and proliferate.

SEC. 3. EMPLOYER EXCEPTION.

    Section 8(a)(2) of the National Labor Relations Act is amended by 
striking the semicolon and inserting the following: ``: Provided 
further, That it shall not constitute or be evidence of an unfair labor 
practice under this paragraph for an employer to establish, assist, 
maintain, or participate in any organization or entity of any kind, in 
which employees participate, to address matters of mutual interest, 
including, but not limited to, issues of quality, productivity, 
efficiency, and safety and health, and which does not have, claim, or 
seek authority to be the exclusive bargaining representative of the 
employees or to negotiate or enter into collective bargaining 
agreements with the employer or to amend existing collective bargaining 
agreements between the employer and any labor organization, except that 
in a case in which a labor organization is the representative of such 
employees as provided in section 9(a), this proviso shall not apply;''.

SEC. 4. LIMITATION ON EFFECT OF ACT.

    Nothing in this Act shall affect employee rights and 
responsibilities contained in provisions other than section 8(a)(2) of 
the National Labor Relations Act, as amended.
                                                 Union Calendar No. 134

104th CONGRESS

  1st Session

                               H. R. 743

                          [Report No. 104-248]

_______________________________________________________________________

                                 A BILL

  To amend the National Labor Relations Act to allow labor management 
cooperative efforts that improve economic competitiveness in the United 
         States to continue to thrive, and for other purposes.

_______________________________________________________________________

                           September 18, 1995

                       Reported with an amendment