[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5185 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5185

    To amend the National Labor Relations Act to give employers and 
performers in the live performing arts, rights given by section 8(e) of 
 such Act to employers and employees in similarly situated industries, 
to give such employers and performers the same rights given by section 
    8(f) of such Act to employers and employees in the construction 
                   industry, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2000

  Mr. Peterson of Minnesota (for himself, Mr. Quinn, Mr. Phelps, Mr. 
 Houghton, Mr. Crowley, Mr. Upton, Mr. Boehlert, Mr. Abercrombie, Mr. 
Wu, Mr. Larson, Mr. Sherman, Mr. LaFalce, Mr. Capuano, and Mr. Lampson) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To amend the National Labor Relations Act to give employers and 
performers in the live performing arts, rights given by section 8(e) of 
 such Act to employers and employees in similarly situated industries, 
to give such employers and performers the same rights given by section 
    8(f) of such Act to employers and employees in the construction 
                   industry, and for other purposes.

    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 ``Live Performing Arts Labor Relations 
Amendments''.

SEC. 2. EXTENDING SECTION 8(E) TO THE LIVE PERFORMING ARTS INDUSTRY.

    Section 8(e) of the National Labor Relations Act (29 U.S.C. 158(e)) 
is amended by striking ``Provided further'' in the second proviso and 
all that follows and inserting the following: ``Provided further, That 
for the purposes of this subsection and subsection (b)(4)(B), the terms 
`any employer', `any person engaged in commerce or in industry 
affecting commerce', and `any person', when used in relation to the 
terms `any other producer, processor, or manufacturer', `any other 
employer', or `any other person' shall not include persons in the 
relation of a jobber, manufacturer, contractor, or subcontractor 
working on the goods or premises of the jobber or manufacturer or 
performing parts of an integrated process of production in the apparel 
and clothing industry or persons in the relation of a leader, 
contractor, purchaser of live entertainment or live music, promoter, 
producer, or persons similarly engaged or involved in an integrated 
production or performance of any kind in the live entertainment 
industry: Provided further, That nothing in this Act shall prohibit the 
enforcement of any contract or agreement, expressed or implied, which 
is within the foregoing exception.''.

SEC. 3. EXTENDING SECTION 8(F) TO THE LIVE PERFORMING ARTS INDUSTRY.

    Section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)) 
is amended by inserting ``(1)'' after ``(f)'', and by adding at the end 
the following:
            ``(2) It shall not be an unfair labor practice under 
        subsections (a) and (b) for an employer who hires persons or 
        contracts for the services of persons engaged in the live 
        performing arts to make an agreement covering such persons who 
        are engaged (or who, upon their employment, will be engaged) in 
        the live performing arts with a labor organization of which 
        performing artists are members (not established, maintained, or 
        assisted by an action defined in subsection (a) as an unfair 
        labor practice)--
                    ``(A) the majority status of such labor 
                organization has not been established under the 
                provisions of section 9 before the making of such 
                agreement; or
                    ``(B) such agreement requires as a condition of 
                employment membership in such labor organization after 
                the seventh day following the beginning of such 
                employment or the effective date of the agreement, 
                whichever is later: Provided, That nothing in this 
                subsection shall set aside the final proviso of 
                subsection (a)(3): Provided further, That any agreement 
                which would be invalid, but for clause (A), shall not 
                be a bar to a petition filed pursuant to section 9(c) 
                or (e).''.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Definition of ``Employer''.--Section 2(2) of the National Labor 
Relations Act (29 U.S.C. 152(2)) is amended by inserting after 
``directly or indirectly'' the following: ``and includes any person who 
is the purchaser of live musical performance services regardless of 
whether the performer of such services is an independent contractor, 
employer, or employee of another employer,''.
    (b) Definition of ``Employee''.--Section 2(3) of the Act (29 U.S.C. 
152(3)) is amended by inserting after ``independent contractor'' the 
following: ``except that any individual having such status who is 
engaged to perform live musical services (other than an employer of 
persons performing musical services) shall be included in the term 
`employee,' ''.
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