[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 337 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 337

  To preserve the balance of rights between employers, employees, and 
 labor organizations which is fundamental to our system of collective 
   bargaining while preserving the rights of workers to organize, or 
 otherwise engage in concerted activities protected under the National 
                          Labor Relations Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 1999

   Mr. Hutchinson (for himself, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. 
Craig, Mr. Coverdell, Mr. Warner, Mr. Hatch, Ms. Collins, Mr. Cochran, 
   Mr. Bunning, Mr. Ashcroft, Mr. Helms, Mr. Grassley, Mr. Enzi, Mr. 
 Inhofe, Mr. Bond, Mr. Gorton, Mr. Frist, Mr. Thurmond, Mr. Hagel, Mr. 
Allard, Mr. Grams, Mr. Kyl, Mr. Roberts, Mr. Sessions, and Mr. Shelby) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To preserve the balance of rights between employers, employees, and 
 labor organizations which is fundamental to our system of collective 
   bargaining while preserving the rights of workers to organize, or 
 otherwise engage in concerted activities protected under 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''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (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 Act 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 at the end the following flush sentence:
``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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