[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1685 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1685

To amend the National Labor Relations Act to require the National Labor 
Relations Board to resolve unfair labor practice complaints in a timely 
                                manner.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 1998

Mr. Hutchinson 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 require the National Labor 
Relations Board to resolve unfair labor practice complaints in a timely 
                                manner.

    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 ``Justice on Time Act of 1998''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) An employee has a right under the National Labor 
        Relations Act (29 U.S.C. 151 et seq.) to be free from 
        discrimination with regard to hire or tenure of employment or 
        any term or condition of employment to encourage or discourage 
        membership in any labor organization. The Congress, the 
        National Labor Relations Board, and the courts have recognized 
        that the discharge of an employee to encourage or discourage 
        union membership has a particularly chilling effect on the 
        exercise of rights provided under section 7 of such Act.
            (2) Although an employee who has been discharged because of 
        support or lack of support for a labor organization has a right 
        to be reinstated to the previously held position with backpay, 
        reinstatement is often ordered months and even years after the 
        initial discharge due to the lengthy delays in the processing 
        of unfair labor practice charges by the National Labor 
        Relations Board and to the several layers of appeal under the 
        National Labor Relations Act.
            (3) In order to minimize the chilling effect on the 
        exercise of rights provided under section 7 of the National 
        Labor Relations Act (29 U.S.C. 157) caused by an unlawful 
        discharge and to maximize the effectiveness of the remedies for 
        unlawful discrimination under the National Labor Relations Act, 
        the National Labor Relations Board should endeavor to resolve 
        in a timely manner all unfair labor practice complaints 
        alleging that an employee has been unlawfully discharged to 
        encourage or discourage membership in a labor organization.
            (4) Expeditious resolution of such complaints would benefit 
        all parties not only by ensuring swift justice, but also by 
        reducing the costs of litigation and backpay awards.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure that the National Labor 
Relations Board resolves in a timely manner all unfair labor practice 
complaints alleging that an employee has been unlawfully discharged to 
encourage or discourage membership in a labor organization.

SEC. 4. TIMELY RESOLUTION.

    Section 10(m) of the National Labor Relations Act (29 U.S.C. 160) 
is amended by adding at the end the following: ``Whenever a complaint 
is issued as provided in subsection (b) upon a charge that any person 
has engaged in or is engaging in an unfair labor practice within the 
meaning of subsection (a)(3) or (b)(2) of section 8 involving an 
unlawful discharge, the Board shall state its findings of fact and 
issue and cause to be served on such person an order requiring such 
person to cease and desist from such unfair labor practice and to take 
such affirmative action, including reinstatement of an employee with or 
without backpay, as will effectuate the policies of this Act, or shall 
state its findings of fact and issue an order dismissing the said 
complaint, not later than 365 days after the filing of the unfair labor 
practice charge with the Board.''.

SEC. 5. REGULATIONS.

    The National Labor Relations Board may issue such regulations as 
are necessary to carry out the purposes of this Act.
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