[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2320 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2320

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2001

  Mr. Tierney (for himself, Mr. Serrano, Mr. Hinchey, Mr. Frank, Mr. 
McNulty, Mr. Kildee, Mr. Hilliard, Mr. Nadler, Mr. Murtha, Mr. Pallone, 
Ms. Brown of Florida, Mr. DeFazio, Ms. Kaptur, Mr. Bonior, Ms. Pelosi, 
   Ms. Norton, Mr. Abercrombie, Mr. George Miller of California, Mr. 
Sanders, Mr. Inslee, Ms. Lee, Mrs. Mink of Hawaii, Mr. Evans, Mr. Rush, 
    Mr. McGovern, Mr. Stark, Mr. Filner, and Ms. Carson of Indiana) 
 introduced the following bill; which was referred to the Committee on 
   Education and the Workforce, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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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