[Congressional Record Volume 140, Number 89 (Tuesday, July 12, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


                         WORKPLACE FAIRNESS ACT

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                       CONRAD AMENDMENT NO. 2237

  (Ordered to lie on the table.)
  Mr. CONRAD submitted an amendment intended to be proposed by him to 
the bill (S. 55) to amend the National Labor Relations Act and the 
Railway Labor Act to prevent discrimination based on participation in 
labor disputes; as follows:

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. LABOR AND MANAGEMENT DISPUTE RESOLUTION PROGRAM.

       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) subject to subsection (h), to promise, to threaten or 
     take other action--
       ``(A) to hire a permanent replacement for an employee who--
       ``(i) at the commencement of a labor dispute was an 
     employee of the employer in a bargaining unit in which a 
     labor organization was the certified or recognized exclusive 
     representative or, on the basis of written authorizations by 
     a majority of the unit employees, was seeking to be so 
     certified or recognized; and
       ``(ii) in connection with that dispute has engaged in 
     concerted activities for the purpose of collective bargaining 
     or other mutual aid or protection through that labor 
     organization; or
       ``(B) to withhold or deny any other employment right or 
     privilege to an employee, who meets the criteria of clauses 
     (i) and (ii) of subparagraph (A) and who is working for or 
     has unconditionally offered to return to work for the 
     employer, out of a preference for any other individual that 
     is based on the fact that the individual is performing, has 
     performed or has indicated a willingness to perform 
     bargaining unit work for the employer during the labor 
     dispute.''.
       (3) by adding at the end the following new subsection:
       ``(h)(1) The provisions of subsection (a)(6) shall not 
     apply to a labor dispute between an employer and a labor 
     organization under such subsection unless such labor 
     organization, not later than 7 days prior to the date of the 
     commencement of a strike, notifies such employer and the 
     Federal Mediation and Conciliation Service that such labor 
     organization agrees to the formation of a fact-finding panel 
     under paragraph (4) to conduct hearings and to make 
     recommendations for the resolution of outstanding issues with 
     respect to such dispute.
       ``(2) An employer who receives a notification from a labor 
     organization under paragraph (1) shall, not later than 7 days 
     after the date of the receipt of such notification, notify 
     such labor organization and the Federal Mediation and 
     Conciliation Service whether such employer agrees or does not 
     agree to the formation of a fact-finding panel under 
     paragraph (4). If such employer does not agree to the 
     formation of such panel, such employer may not hire permanent 
     replacements.
       ``(3)(A) If an employer and a labor organization described 
     in paragraph (1) agree to the formation of a fact-finding 
     panel under paragraph (4), the existing collective bargaining 
     agreement between such employer and labor organization, if 
     any, or the existing wages, hours and other terms and 
     conditions of employment shall remain in effect until the 
     date that is 7 days after the date on which such fact-finding 
     panel issues its report and recommendations.
       ``(B) During the period described in subparagraph (A)--
       ``(i) a labor organization described in such subparagraph 
     may not commence a strike; and
       ``(ii) an employer described in such subparagraph may not 
     lock out workers or hire permanent replacements.
       ``(4)(A) A fact-finding panel shall be established by an 
     employer and a labor organization that agree to the formation 
     of such panel to make findings of fact and to make 
     recommendations with respect to issues that are in dispute 
     between an employer and a labor organization under subsection 
     (a)(6).
       ``(B) A panel established under subparagraph (A) shall 
     consist of 3 members who shall be selected in the manner 
     provided under section 1207(c)(1) of title 39, United States 
     Code. Of the 3 members--
       ``(i) one shall be selected by an employer (described in 
     such subparagraph);
       ``(ii) one shall be selected by a labor organization 
     (described in such subparagraph); and
       ``(iii) one shall be selected by an employer and a labor 
     organization (described in such subparagraph).
       ``(C) A panel established under subparagraph (A) shall 
     conduct a hearing of the kind required by section 1207(c)(2) 
     of title 39, United States Code and issue a report, within 45 
     days of the establishment of such panel, to an employer, a 
     labor organization, and the Federal Mediation and 
     Conciliation Service of its findings and recommendations with 
     respect to issues that are in dispute between such employer 
     and such labor organization under subsection (a)(6).
       ``(5)(A) Not later than 7 days after date of the issuance 
     of a report by a fact-finding panel, an employer and a labor 
     organization shall notify the Federal Mediation and 
     Conciliation Service whether such employer and labor 
     organization accept or do not accept the recommendations made 
     under subparagraph (C) of paragraph (4).
       ``(B) If an employer and a labor organization accept the 
     recommendations described in subparagraph (A), the fact-
     finding recommendations with respect to all unresolved 
     issues, and the parties' agreement on all issues shall be 
     deemed to be a collective bargaining agreement between such 
     employer and labor organization enforceable pursuant to 
     section 301 of the Labor Management Relations Act, 1947 (29 
     U.S.C. 185).
       ``(C) If a labor organization accepts the recommendations 
     described in subparagraph (A) and an employer does not accept 
     such recommendations, such employer may not hire permanent 
     replacement workers if such labor organization commences a 
     strike.
       ``(D) Subject to subparagraph (F), if a labor organization 
     does not accept the recommendations described in subparagraph 
     (A) and commences a strike, and an employer accepts such 
     recommendations, such employer may hire permanent replacement 
     workers.
       ``(E)(i) If a labor organization and an employer do not 
     accept the recommendations described in subparagraph (A), not 
     later than 7 days after the date of the nonacceptance of the 
     recommendations, such labor organization or such employer may 
     request a 30-day mediation period (which shall begin on the 
     date of such request) at which a special mediator, who shall 
     be the panel member selected under paragraph (4)(B)(iii), 
     shall, not later than the end of such period, make 
     recommendations with respect to the resolution of all 
     remaining outstanding issues and make a report of such 
     recommendations to the labor organization, the employer, and 
     Federal Mediation and Conciliation Service.
       ``(ii)(I) If a labor organization and an employer agree to 
     the mediation period described in clause (i), during such 
     period, the requirements under paragraph (3)(B)(i) and (ii) 
     shall apply.
       ``(II) If such employer does not agree to the mediation 
     period described in clause (i), such employer may not hire 
     permanent replacements.
       ``(III) If such labor organization does not agree to the 
     mediation period described in clause (i) and commences a 
     strike, then such employer may hire permanent replacements.
       ``(iii)(I) If a labor organization and an employer agree to 
     accept the recommendations described in clause (i), the fact-
     finding recommendations with respect to all unresolved 
     issues, and the parties' agreement on all issues shall be 
     deemed to be a collective bargaining agreement between such 
     employer and labor organization enforceable pursuant to 
     section 301 of the Labor Management Relations Act, 1947 (29 
     U.S.C. 185).
       ``(II) If a labor organization accepts the recommendations 
     described in clause (i) and an employer does not accept such 
     recommendations, such employer may not hire permanent 
     replacement workers if such labor organization commences a 
     strike.
       ``(III) If a labor organization does not accept the 
     recommendations described in clause (i) and an employer 
     accepts such recommendations, such employer may hire 
     permanent replacement workers.
       ``(IV) Subject to subparagraph (F), if a labor organization 
     and an employer do not accept the recommendations described 
     in clause (i), and such labor organization commences a 
     strike, such employer may hire permanent replacement workers.
       ``(F) If a labor organization described in clause (iii)(IV) 
     of subparagraph (E), after its nonacceptance under such 
     subparagraph, accepts the recommendations described in 
     clause, such employer shall cease the hiring of permanent 
     replacement workers and hire an employee described in 
     subsection (a)(6) to return to work, except that an employee 
     whose position was filled by a permanent replacement worker 
     may not be hired.''.

     SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT THE 
                   CONCLUSION OF RAILWAY LABOR DISPUTES.

       Paragraph Four 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 thereof the following:
       ``(b) No carrier, or officer or agent of the carrier, shall 
     promise, threaten or take other action--
       ``(1) to hire a permanent replacement for an employee who--
       ``(A) at the commencement of a dispute was an employee of 
     the carrier in a craft or class in which a labor organization 
     was the designated or authorized representative or, on the 
     basis of written authorizations by a majority of the craft or 
     class, was seeking to be so designated or authorized; and
       ``(B) in connection with that dispute has exercised the 
     right to join, to organize, to assist in organizing, or to 
     bargain collectively through that labor organization; or
       ``(2) to withhold or deny any other employment right or 
     privilege to an employee, who meets the criteria of 
     subparagraphs (A) and (B) of paragraph (1) and who is working 
     for or has unconditionally offered to return to work for the 
     carrier, out of a preference for any other individual that is 
     based on the fact that the individual is employed, was 
     employed, or indicated a willingness to be employed during 
     the dispute.''.

     SEC. 3. EFFECTIVE DATE.

       This Act shall be effective on the day after the date of 
     enactment.

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