[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1227 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1227

 To amend the National Labor Relations Act to protect employer rights.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2009

   Mr. DeMint (for himself, Mr. Wicker, Mr. Bunning, and Mr. Vitter) 
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 to protect employer rights.

    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 of 2009''.

SEC. 2. FINDINGS.

    Congress finds that:
            (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 the system of 
        collective bargaining of the United States.
            (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 the 
        system of collective bargaining of the United States;
            (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 after and below paragraph (5) the following:
``Nothing in this subsection shall be construed as requiring an 
employer to employ any person who seeks or has sought employment with 
the employer in furtherance of other employment or agency status.''.
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