[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1441 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1441

       To amend section 8(a) of the National Labor Relations Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 1999

 Mr. Boehner (for himself, Mr. Goodling, Mrs. Roukema, Mr. Ballenger, 
Mr. Barrett of Nebraska, Mr. Hoekstra, Mr. McKeon, Mr. Castle, Mr. Sam 
 Johnson of Texas, Mr. Talent, Mr. Greenwood, Mr. Graham, Mr. Souder, 
 Mr. Norwood, Mr. Paul, Mr. Schaffer, Mr. Upton, Mr. Deal of Georgia, 
 Mr. Hilleary, Mr. Salmon, Mr. Tancredo, Mr. Fletcher, Mr. DeMint, Mr. 
Isakson, Mr. DeLay, Ms. Pryce of Ohio, Mr. Cunningham, Mr. Kasich, Mrs. 
Myrick, Mr. Largent, Mrs. Northup, Mr. Barton of Texas, Mr. Nethercutt, 
   Mr. Weldon of Florida, Mr. Hayworth, Mr. Shadegg, Mr. Sununu, Mr. 
Calvert, Mr. Dickey, Mr. Hefley, Mr. Sessions, Mr. Watkins, Mr. Wicker, 
 Mr. Goodlatte, Mr. Doolittle, Mr. Ramstad, Mr. Goss, Mr. Hutchinson, 
   Mr. Bartlett of Maryland, Mr. Brady of Texas, Mr. Gary Miller of 
California, Mr. Skeen, Mr. Stearns, Mr. Peterson of Pennsylvania, Mrs. 
 Biggert, Mr. Burton of Indiana, Mr. Latham, Mr. Pitts, Mr. Pickering, 
Mr. Knollenberg, Mr. Porter, and Ms. Granger) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
       To amend section 8(a) of the National Labor Relations Act.

    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 ``Truth in Employment Act of 1999''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) An atmosphere of trust and civility in labor-management 
        relationships is essential to a productive workplace and a 
        healthy economy.
            (2) The tactic of using professional union organizers and 
        agents to infiltrate a targeted employer's workplace, a 
        practice commonly referred to as ``salting'' has evolved into 
        an aggressive form of harassment not contemplated when the 
        National Labor Relations Act was enacted and threatens the 
        balance of rights which is fundamental to our system of 
        collective bargaining.
            (3) Increasingly, union organizers are seeking employment 
        with nonunion employers not because of a desire to work for 
        such employers but primarily to organize the employees of such 
        employers or to inflict economic harm specifically designed to 
        put nonunion competitors out of business, or to do both.
            (4) While no employer may discriminate against employees 
        based upon the views of employees concerning collective 
        bargaining, an employer should have the right to expect job 
        applicants to be primarily interested in utilizing the skills 
        of the applicants to further the goals of the business of the 
        employer.

SEC. 3. PURPOSES.

    The purposes of this title are--
            (1) to preserve the balance of rights between employers, 
        employees, and labor organizations which is fundamental to our 
        system of collective bargaining;
            (2) to preserve the rights of workers to organize, or 
        otherwise engage in concerted activities protected under the 
        National Labor Relations Act; and
            (3) to alleviate pressure on employers to hire individuals 
        who seek or gain employment in order to disrupt the workplace 
        of the employer or otherwise inflict economic harm designed to 
        put the employer out of business.

SEC. 4. PROTECTION OF EMPLOYER RIGHTS.

    Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) 
is amended by adding after and below paragraph (5) the following:
``Nothing in this subsection shall be construed as requiring an 
employer to employ any person who is not a bona fide employee 
applicant, in that such person seeks or has sought employment with the 
employer with the primary purpose of furthering another employment or 
agency status: Provided, That this sentence shall not affect the rights 
and responsibilities under this Act of any employee who is or was a 
bona fide employee applicant, including the right to self-organization, 
to form, join, or assist labor organizations, to bargain collectively 
through representatives of their own choosing, and to engage in other 
concerted activities for the purpose of collective bargaining or other 
mutual aid or protection.''.
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