[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5641 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5641

To amend the National Labor Relations Act to provide the National Labor 
   Relations Board with expanded statutory authority with respect to 
employees and labor organizations engaged in or encouraging violent and 
                  other potentially injurious conduct.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2002

 Mr. Wilson of South Carolina 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 provide the National Labor 
   Relations Board with expanded statutory authority with respect to 
employees and labor organizations engaged in or encouraging violent and 
                  other potentially injurious conduct.

    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 ``Protecting Employees Against 
Violence Act''.

SEC. 2. ADDITIONAL AUTHORITY OF THE NLRB WITH RESPECT TO LABOR 
              ORGANIZATIONS AND EMPLOYEES.

    (a) Board May Not Order Reinstatement of an Employee Engaged in 
Restraint or Coercion.--Section 10(c) of the Act (29 U.S.C. 160(c)) is 
amended by inserting before the colon at the end of the first proviso 
the following: ``, except that no such order may direct the 
reinstatement of any employee who has engaged in or who is engaging 
violent conduct, acts of coercion, or other actions potentially 
injurious to any person which would be an unfair labor practice under 
section 8(b)(1)(A) if engaged in by a labor organization''.
    (b) Revocation of Exclusive Bargaining Status of Labor 
Organizations Engaging in Violence.--Section 10(c) of the National 
Labor Relations Act, (29 U.S.C. 160(c)), is amended by adding after the 
first proviso the following: ``Provided further, That the Board shall 
revoke the exclusive bargaining status of any labor organization found 
by the Board to engage directly in or encourage the use of violence, 
coercion, or other actions potentially injurious to any person:''.
    (c) Injunctive Relief Against Interference With Exercise of 
Representation Rights.--(1) Section 10(l) of the Act (29 U.S.C. 160(l)) 
is amended by inserting ``section 8(b)(1) if a labor organization is 
charged with directly engaging in or encouraging the use of violence,'' 
before ``or section 8(e)''.
    (2) Section 10(l) of the Act (29 U.S.C. 160(l) is amended by adding 
after the second sentence: ``In no event shall the petition for 
injunctive relief be sought more than 7 days after the filing of the 
unfair labor practice charge.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
enactment of this Act.
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