[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 550 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 550

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 14 (legislative day, March 6), 1995

   Mr. Exon 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 and 
  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 of the National Labor Relations Act (29 U.S.C. 158) is 
amended--
            (1) in subsection (a)--
                    (A) by striking the period at the end of paragraph 
                (5) and inserting ``; or''; and
                    (B) by adding at the end thereof the following new 
                paragraph:
            ``(6) subject to subsection (h), to promise, threaten, or 
        take other action--
                    ``(A) to hire a permanent replacement for an 
                employee who--
                            ``(i) 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
                            ``(ii) 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
                    ``(B) to withhold or deny any other employment 
                right or privilege to an employee, who meets the 
                criteria of clauses (i) and (ii) of subparagraph (A) 
                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.''; and
            (2) by adding at the end thereof the following new 
        subsection:
    ``(h)(1) An employer may not hire a permanent replacement for an 
employee described in subsection (a)(6) unless the employer complies 
with the requirements under paragraph (2).
    ``(2)(A) An employer may hire a permanent replacement for an 
employee described in subsection (a)(6)(A) during the period beginning 
61 days after the date of the commencement of a dispute described in 
subsection (a)(6) and ending 90 days after the date of such 
commencement. The total number of replacements made under this 
subsection during such period shall not exceed 10 percent of the total 
number of employees who were in the bargaining unit described in 
subsection (a)(6)(A)(i) on the date of the commencement of the dispute.
    ``(B) An employer may hire a permanent replacement for an employee 
described in subsection (a)(6)(A) during the period beginning 91 days 
after the date of the commencement of a dispute described in subsection 
(a)(6) and ending 120 days after the date of such commencement. The 
total number of replacements made under this subsection during such 
period shall not exceed 20 percent of the total number of employees who 
were in the bargaining unit described in subsection (a)(6)(A)(i) on the 
date of the commencement of the dispute.
    ``(C) An employer may hire a permanent replacement for an employee 
described in subsection (a)(6)(A) during the period beginning 121 days 
after the date of the commencement of a dispute described in subsection 
(a)(6) and ending 150 days after the date of such commencement. The 
total number of replacements made under this subsection during such 
period shall not exceed 30 percent of the total number of employees who 
were in the bargaining unit described in subsection (a)(6)(A)(i) on the 
date of the commencement of the dispute.
    ``(D) An employer may hire a permanent replacement for an employee 
described in subsection (a)(6)(A) during the period beginning 151 days 
after the date of the commencement of a dispute described in subsection 
(a)(6) and ending 180 days after the date of such commencement. The 
total number of replacements made under this subsection during such 
period shall not exceed 40 percent of the total number of employees who 
were in the bargaining unit described in subsection (a)(6)(A)(i) on the 
date of the commencement of the dispute.
    ``(E) An employer may hire a permanent replacement for an employee 
described in subsection (a)(6)(A) during the period beginning 181 days 
after the date of the commencement of a dispute described in subsection 
(a)(6) and ending 270 days after the date of such commencement. The 
total number of replacements made under this subsection during such 
period shall not exceed 50 percent of the total number of employees who 
were in the bargaining unit described in subsection (a)(6)(A)(i) on the 
date of the commencement of the dispute.
    ``(F) An employer may hire a permanent replacement for an employee 
described in subsection (a)(6)(A) during the period beginning 271 days 
after the date of the commencement of a dispute described in subsection 
(a)(6) and ending 360 days after the date of such commencement. The 
total number of replacements made under this subsection during such 
period shall not exceed 75 percent of the total number of employees who 
were in the bargaining unit described in subsection (a)(6)(A)(i) on the 
date of the commencement of the dispute.
    ``(G) An employer may hire a permanent replacement for an employee 
described in subsection (a)(6)(A) effective 361 days after the date of 
the commencement of a dispute described in subsection (a)(6).''.

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.'';
            (2) by adding at the end thereof the following new 
        subsections:
    ``(b) Subject to subsection (c), 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.
    ``(c)(1) A carrier, or an officer or agent of the carrier, may not 
hire a permanent replacement for an employee under subsection (b) 
unless the carrier or officer or agent complies with the requirements 
under paragraph (2).
    ``(2)(A) A carrier, or an officer or agent of the carrier, may hire 
a permanent replacement for an employee described in subsection (b) 
during the period beginning 61 days after the date of the commencement 
of a dispute described in subsection (b) and ending 90 days after the 
date of such commencement. The total number of replacements made under 
this subsection during such period shall not exceed 10 percent of the 
total number of employees who were in the craft or class described in 
subsection (b).
    ``(B) A carrier, or an officer or agent of the carrier, may hire a 
permanent replacement for an employee described in subsection (b) 
during the period beginning 91 days after the date of the commencement 
of a dispute described in subsection (b) and ending 120 days after the 
date of such commencement. The total number of replacements made under 
this subsection during such period shall not exceed 20 percent of the 
total number of employees who were in the craft or class described in 
subsection (b).
    ``(C) A carrier, or an officer or agent of the carrier, may hire a 
permanent replacement for an employee described in subsection (b) 
during the period beginning 121 days after the date of the commencement 
of a dispute described in subsection (b) and ending 150 days after the 
date of such commencement. The total number of replacements made under 
this subsection during such period shall not exceed 30 percent of the 
total number of employees who were in the craft or class described in 
subsection (b).
    ``(D) A carrier, or an officer or agent of the carrier, may hire a 
permanent replacement for an employee described in subsection (b) 
during the period beginning 151 days after the date of the commencement 
of a dispute described in subsection (b) and ending 180 days after the 
date of such commencement. The total number of replacements made under 
this subsection during such period shall not exceed 40 percent of the 
total number of employees who were in the craft or class described in 
subsection (b).
    ``(E) A carrier, or an officer or agent of the carrier, may hire a 
permanent replacement for an employee described in subsection (b) 
during the period beginning 181 days after the date of the commencement 
of a dispute described in subsection (b) and ending 270 days after the 
date of such commencement. The total number of replacements made under 
this subsection during such period shall not exceed 50 percent of the 
total number of employees who were in the craft or class described in 
subsection (b).
    ``(F) A carrier, or an officer or agent of the carrier, may hire a 
permanent replacement for an employee described in subsection (b) 
during the period beginning 271 days after the date of the commencement 
of a dispute described in subsection (b) and ending 360 days after the 
date of such commencement. The total number of replacements made under 
this subsection during such period shall not exceed 75 percent of the 
total number of employees who were in the craft or class described in 
subsection (b).
    ``(G) A carrier, or an officer or agent of the carrier, may hire a 
permanent replacement for an employee described in subsection (b) 
effective 361 days after the date of commencement of a dispute 
described in subsection (b).''.
                                 <all>