[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3258 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3258

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 27 (legislative day, September 22), 2000

Mr. Harkin (for himself, Mr. Wellstone, Mr. Kennedy, Mrs. Murray, Mrs. 
Boxer, Ms. Mikulski, Mr. Lieberman, Mr. Rockefeller, Mr. Bingaman, Mr. 
Feingold, Mr. Akaka, Mr. Sarbanes, Mr. Leahy, Mr. Dodd, Mr. Kerry, and 
  Mr. Baucus) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the National Labor Relations Act and the Railway Labor Act 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(a) of the National Labor Relations Act (29 U.S.C. 158(a)) 
is amended--
            (1) by striking the period at the end of paragraph (5) and 
        inserting ``; or''; and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(6)(i) to offer, or to grant, the status of a permanent 
        replacement employee to an individual for performing bargaining 
        unit work for the employer during a labor dispute; or
            ``(ii) to otherwise offer, or grant, an individual any 
        employment preference based on the fact that such individual 
        was employed, or indicated a willingness to be employed, during 
        a labor dispute over an individual who--
                    ``(A) was an employee of the employer at the 
                commencement of the dispute;
                    ``(B) has exercised the right to join, to assist, 
                or to engage in other concerted activities for the 
                purpose of collective bargaining or other mutual aid or 
                protection through the labor organization involved in 
                the dispute; and
                    ``(C) is working for, or has unconditionally 
                offered to return to work for, the employer.''.

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.''; and
            (2) by adding at the end the following:
    ``(b) No carrier, or officer or agent of the carrier, shall--
            ``(1) offer, or grant, the status of a permanent 
        replacement employee to an individual for performing work in a 
        craft or class for the carrier during a dispute involving the 
        craft or class; or
            ``(2) otherwise offer, or grant, an individual any 
        employment preference based on the fact that such individual 
        was employed, or indicated a willingness to be employed, during 
        a dispute over an individual who--
                    ``(A) was an employee of the carrier at the 
                commencement of the dispute;
                    ``(B) has exercised the right to join, to organize, 
                to assist in organizing, or to bargain collectively 
                through the labor organization involved in the dispute; 
                and
                    ``(C) is working for, or has unconditionally 
                offered to return to work for, the carrier.''.
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