[Congressional Record Volume 140, Number 142 (Tuesday, October 4, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. COCHRAN:
  S. 2496. A bill to amend the Federal Power Act to modify an exemption 
relating to the territory for the sale of electric power of certain 
electric transmission systems, and for other purposes; to the Committee 
on Energy and Natural Resources.


          THE 4-COUNTY ELECTRIC POWER ASSOCIATION ACT OF 1994

 Mr. COCHRAN. Mr. President at the request of an electric power 
association in my State, I am introducing a bill which amends the 
Federal Power Act to modify an exemption that currently exists within 
the act.
  The board of directors of the 4-County Electric Power Association of 
Mississippi recently passed a resolution urging Congress to amend the 
Federal Power Act so that an exemption that currently exists within the 
act would apply to it. The reason this exemption is necessary is very 
simple: 4-County Power would like to purchase its power from a source 
other than the Tennessee Valley Authority [TVA].
  4-County Power currently has a contract with TVA to purchase power 
from it. The contract allows 4-County Power to cancel the contract and 
purchase power from a producer other than TVA, provided that TVA is 
given 10 years notice of termination. 4-County Power gave this notice 
in December of 1993, but is eager to purchase power from a source other 
than TVA sooner than the year 2003.
  4-County Power is not going to harm TVA; indeed, TVA has done much to 
help my region. Rather, 4-County Power is acting because it believes it 
can purchase power from other producers for less money than it is 
paying TVA, and for less money than it will likely have to pay TVA in 
the future. By seeking to provide residents of Mississippi with the 
least expensive power available, the board of directors of 4-County 
Power is acting with the best of intentions. This legislation should 
not be taken as criticism of TVA; instead, it should be viewed as a way 
to provide people with lower electric bills every month.
  The area served by 4-County Power is small, and its absence will not 
be felt by TVA or noticed when formulating the rate base. But the 
effect of switching to a less expensive source of power will be great 
in my State--people will have more to spend, save, and invest, and 
cheaper power will make it easier to attract new businesses to the 
region.
  I ask unanimous consent that the bill and the resolution of the board 
of the 4-County Electric Power Association be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2496

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MODIFICATION OF EXEMPTION.

       Section 212(j) of the Federal Power Act (16 U.S.C. 824k(j)) 
     is amended by striking out ``October 1, 1991'' and inserting 
     in lieu thereof ``December 31, 1993''.
                                  ____


Resolution of Board of Directors of 4-County Electric Power Association

       Whereas, on October 24, 1992, the Congress of the United 
     States of America enacted the ``Energy Policy Act of 1992'' 
     amending, in part, the ``Federal Power Act''; and,
       Whereas, the Tennessee Valley Authority, under the 
     provisions of the Energy Policy Act of 1992, is not required 
     to provide open transmission access to any of TVA's 160 
     wholesale distribution customers, with the exception of 
     Bristol, Virginia; and,
       Whereas, Bristol, Virginia, enjoys this unique position by 
     having notified TVA prior to October 1, 1991, of termination 
     under its Power Supply Contract and by prevailing on Congress 
     to include the following specific language in Sec. 722 of the 
     Energy Policy Act of 1992, amending Sec. 212(j) of the 
     Federal Power Act:
       ``Provided, however, That the foregoing provision shall not 
     apply to any area served at retail by electric transmission 
     system which was such a distributor on the date of enactment 
     of this subsection and which before October 1, 1991, gave its 
     notice of termination under its Power Supply Contract with 
     such electric utility.''
     and,
       Whereas, 4-County Electric Power Association gave its 
     notice of termination under its Power Supply Contract with 
     TVA on December 6, 1993, and is the only TVA distributor, 
     other than Bristol, Virginia, having given TVA notice of 
     termination of its Power Supply Contract; and,
       Whereas, 4-County Electric Power Association, desires 
     Congress to amend the Energy Policy Act of 1992, amending the 
     Federal Power Act, to change the date as recited above to 
     December 31, 1993;
       Now, therefore, be it resolved: That Congress is urged to 
     amend Sec. 722 of the Energy Policy Act of 1992, so as to 
     amend the last sentence of Subsection 212(j) of the Federal 
     Power Act (16 U.P.S.C. Sec. 824K(j)) as added by Sec. 722 of 
     the Energy Policy Act of 1992 (P.L. 102-486, 106 Stat. 2916) 
     to read as follows:
       ``Provided, however, That the foregoing provision shall not 
     apply to any area served at retail by electric transmission 
     system which was such a distributor on the date of enactment 
     of this subsection and which before December 31, 1993, gave 
     its notice of termination under its Power Supply Contract 
     with such electric utility.''
                                 ______

      By Mr. SPECTER:
  S. 2497. A bill to extend the deadlines under the Federal Power Act 
applicable to a hydroelectric project in Pennsylvania, and for other 
purposes; to the Committee on Energy and Natural Resources.


          the allegheny river hydroelectric power project act

 Mr. SPECTER. Mr. President, I am pleased to introduce this 
legislation, which would extend the deadline for construction of a 
hydroelectric power project on the Allegheny River. This extension is 
necessary because the Allegheny North Council of Governments and the 
Borough of Cheswick received a license from the Federal Energy 
Regulatory Commission and must commence construction prior to April 15, 
1995 or face the loss of their license under the Federal Power Act. On 
many occasions, Congress has granted similar noncontroversial 
extensions to licensees for projects in other States.
  The licensees in this case have been negotiating on power sales 
agreements, but have not yet been able to finalize these arrangements. 
This legislation would provide additional time for the municipal 
licensees to conclude their negotiations with potential power 
purchasers. If Congress fails to enact this legislation, the 
hydroelectric potential of the Allegheny River will remain not fully 
developed.
  The Allegheny project is one of several projects licensed for 
development along the Upper Ohio River Basin. Construction of this 
licensed power plant would permit Pennsylvania to use previously 
untapped hydroelectric energy, creating substantial environmental 
benefits and jobs for local residents.
  I urge my colleagues to support this legislation.
                                 ______

      By Mr. D'AMATO:
  S. 2498. A bill to award a congressional gold medal to Rabbi Menachem 
Mendal Schneerson; to the Committee on Banking, Housing, and Urban 
Affairs.


                  CONGRESSIONAL GOLD MEDAL LEGISLATION

  Mr. D'Amato. Mr. President, I introduce a bill to award a 
Congressional Gold Medal to Lubavitcher Grand Rebbe Menachem 
Schneerson.
  The Grand Rebbe for over 40 years, made generous and lasting 
contributions to the cause of peace and understanding in the United 
States and in the world, through his selfless acts of kindness and 
education. His dedication to enriching the lives of our youth is an 
enduring part of his legacy.
  His generosity, his kindness, and his care for his fellow human 
beings was what made him such a revered leader. As such, the awarding 
of a Congressional Gold Medal, would be a just honor to the memory of 
his good deeds and his good works. I can think of no other man more 
deserving of such an award. I encourage my colleagues to support this 
legislation and award the memory of the Rebbe with a Congressional Gold 
Medal.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2498

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       The Congress hereby finds the following:
       (1) Rabbi Menachem Mendel Schneerson, the leader of the 
     Lubavitch movement for 40 years, has made outstanding and 
     lasting contributions toward improvements in world education, 
     morality, and acts of charity.
       (2) Rabbi Menachem Mendel Schneerson, as a refugee first 
     from Stalinist Russia and then from Nazi Germany, has made 
     the headquarters of the Chabad-Lubavitch movement in New York 
     City a center of over 2,000 educational, social, and 
     rehabilitative institutions touching millions of people from 
     all walks of life in every corner of the globe.
       (3) Rabbi Menachem Mendel Schneerson, throughout his 92 
     years of life, has exemplified the highest ideals of 
     scholarship, teaching, ethics, and charity.
       (4) Rabbi Menachem Mendel Schneerson has interpreted with 
     keen insight the miraculous events of our time and has 
     inspired people to a renewal of individual value of 
     spirituality, cooperation, and love of learning.
       (5) Rabbi Menachem Mendel Schneerson's extraordinary life 
     and work have long been recognized by the Congress through 
     the enactment of joint resolutions designating his birthday 
     in each of the last 16 years as ``Education and Sharing Day, 
     U.S.A.''.

     SEC. 2. CONGRESSIONAL GOLD MEDAL.

       (a) Presentation Authorized.--The President is authorized 
     to present, on behalf of the Congress, to the Lubavitcher 
     rebbe, Rabbi Menachem Mendel Schneerson, a gold medal of 
     appropriate design, in recognition of his outstanding and 
     enduring contributions toward world education, morality, and 
     acts of charity.
       (b) Design and Striking.--For purposes of the presentation 
     referred to in subsection (a), the Secretary of the Treasury 
     shall strike a gold medal with suitable emblems, devices, and 
     inscriptions reflecting the theme of education to be 
     determined by the Secretary.
       (c) Gifts or Donations.--
       (1) In general.--The Secretary of the Treasury shall 
     accept, use, and disburse gifts or donations of property or 
     money to carry out this section.
       (2) No appropriation authorized.--No amount is authorized 
     to be appropriated to carry out this section.

     SEC. 3. DUPLICATE MEDALS

       The Secretary of the Treasury may strike and sell 
     duplicates in bronze of the gold medal struck pursuant to 
     section 1 under such regulations as the Secretary may 
     prescribe, at a price sufficient to cover the cost thereof, 
     including labor, materials, dies, use of machinery, and 
     overhead expenses, and the cost of the gold medal.

     SEC. 4. NATIONAL MEDALS

       The medals struck pursuant to this Act are national medals 
     for purposes of chapter 51 of title 31, United States Code.
                                 ______

      By Mr. PELL:
  S. 2499. A bill to amend the National Labor Relations Act to permit 
the establishment of labor-management organizations to carry out 
certain activities with respect to labor and management relations, and 
for other purposes; to the Committee on Labor and Human Resources.


    the worker-management relations for the 21st century act of 1994

 Mr. PELL. Mr. President, in 1935, Congress created the 
National Labor Relations Board [NLRB] as part of the National Labor 
Relations Act. The goal of this legislation was to amend failed labor 
legislation passed only a few years earlier. Legislative efforts, 
enacted in 1933, to provide workers with certain bargaining rights had 
since been co-opted by management with the creation of Employee 
Representation Plan [ERP's], or, works council's which claimed to offer 
collective bargaining rights to workers. In practice, however, these 
employer-dominated committees offered workers very little protection 
and very few rights. These management-run committees rarely met and 
generally served as rubber stamps for employer demands.
  In response to this situation, what is now known as section 8(a)(2) 
of the National Labor Relations Act was precisely drafted to provide 
collective bargaining rights to employees while shielding them from the 
management-controlled organizations prevalent in years past.
  The creation of such an uncompromising wall between labor and 
management with very explicit avenues of dialog between the two worked 
very well for a long time.
  It is, however, no longer the best method. As a nation, we now find 
ourselves involved in a global economy competing with other countries, 
not other companies. In addition, much of our trade is very high 
technology in nature. We no longer live in a time when, all day, every 
day, a worker inserts tab A into slot B. Today, workers must be well 
trained in high-technology skills. It is no longer good enough to 
produce in quantity, now we must also produce with quality.
  In order to meet these new demands, employers and employees must work 
together. The men and women on the line know, through experience, how 
to produce better, smarter, faster, and cheaper, vital information for 
any enlightened, competition-minded manager.
  There is plenty of anecdotal evidence that when employees, and 
employees begin to work together, everyone benefits. Management 
realizes good news at the bottom of the balance sheet and increased 
production of better manufactured products. Employees have a greater 
role in their work and they feel empowered; they're part of the team.
  Unfortunately, Federal labor law makes this cooperation difficult at 
the least and impossible at best. How we change our labor law to allow 
what works in the shade to flourish in the sunlight is a very important 
question that must be honestly debated. Before considering this 
question, however, everyone concerned, labor and management. Democrats 
and Republicans, must agree to come to the debate with open minds.
  By its very nature, worker-management cooperation means a certain 
loss of control and power. Management and labor must, together, break 
down the walls, both real and imagined, that have dominated their 
working relationship for the past 60 years. Management will need to 
deal with employees as partners and consider its workers as assets to 
be treasured and conserved.
  At the same time, labor will need to reconsider how it views 
management. They must no longer see them as the enemy to be fought.
  The creation of this new mutually beneficial relationship must 
address some legitimate concerns. For the past 60 years, collective 
bargaining has been successful only because of the tension created by 
the collective bargaining process. Labor and management have held a 
certain amount of power over the other, including labor's right to 
strike. With the creation of new partnerships, new roles must be 
determined.
  This new relationship of partners will require employers to look on 
their employees in a different light. Far too often, employees have 
been viewed by companies as less than an asset. During tough business 
periods, employees are discharged in an effort to balance the books. 
That must change. If good labor-management relationships are to 
succeed, employees must be seen as being important to the company. A 
good, well-trained employee is as much an asset to a company as is a 
high technology lathe or an 18-wheel truck; neither of which can work 
without a good, well-trained employee.
  This change in attitude will be long and sometimes difficult. While 
it will take some time to institutionalize labor-management 
cooperation, in the short run, we should help those employers and 
employees who have already agreed to join together. Unfortunately, 
current law makes such efforts difficult.
  In that regard, I am introducing the Worker-Management Relations for 
the 21st Century Act of 1994 as a first step in this long process. This 
bill amends the National Labor Relations Act to allow employers and 
employees to form joint committees for the purposes of discussing 
workplace related issues. It is important for me to point out that a 
critical aspect of this bill is that both, let me repeat, both the 
employer and the employees must agree to form these committees. 
Anything less would catapult labor relations backward, not move it 
forward.
  As I said, this bill is a first step. Later this year, the Commission 
on the Future of Worker-Management Relations--which was formed at the 
request of President Clinton, and was charged by the Secretary of Labor 
and the Secretary of Commerce to ``investigate the current state of 
worker-management relations in the United States''--will release its 
final report. Included in that report will be legislative suggestions 
to address the state of employee-employer relations.
  It is my hope my bill will help to clear the way for the Commission's 
report.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2499

       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 ``Worker-Management Relations 
     for the 21st Century Act of 1994''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) ever increasing foreign competition, rapidly changing 
     technology, and shifting consumer demand are radically 
     transforming the way American businesses compete in global 
     markets;
       (2) old style mass production and centralized management 
     are increasingly being replaced by individual and flexible 
     methods of doing business;
       (3) the new business environment places more demands on the 
     talents, ingenuity, and dedication of American workers;
       (4) today, the best managed organizations give real 
     responsibility to production line employees, give workers a 
     real stake in the success of the organization, make training 
     and education a high priority, and offer a safe and stable 
     work environment;
       (5) past joint employee-management efforts have been 
     rewarding for both employees and employers; and
       (6) current labor relations laws make employee-employer 
     cooperation difficult.

     SEC. 3. PURPOSES.

       It is the purpose of this Act to--
       (1) preserve existing labor protections in current labor 
     relations laws;
       (2) provide an avenue for workers and management to join 
     together to create a more productive work environment; and
       (3) offer an alternative to employees and employers who 
     wish to join together to discuss various issues of concern 
     and interest.

     SEC. 4. LABOR-MANAGEMENT WORKPLACE COMMITTEES.

       (a) In General.--Section 8(a)(2) of the National Labor 
     Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting 
     before the semicolon at the end thereof the following: 
     ``Providing further, That it shall not constitute or be 
     evidence of an unfair labor practice under this paragraph for 
     an employer and the employees of such employer, or the labor 
     organizations representing the employees of such employer, to 
     jointly establish a committee, in which such employer and 
     such employees participate to discuss matters of interest and 
     concern (including but not limited to issues of quality, 
     productivity, improve labor-management relations, job 
     security, organizational efficiency and enhanced economic 
     development);''
       (b) Composition.--Section 8(a) of the National Labor 
     Relations Act (29 U.S.C. 158(a)) is amended by adding at the 
     end the following new flush sentence:

     ``A committee described in paragraph (2) shall be composed of 
     an equal number of employees (who shall be selected by the 
     employees through an election by popular vote) and management 
     officials. An employer or an employee of such employer may 
     propose the establishment of a committee described in 
     paragraph (2), but such committee may only be established 
     upon the agreement of both the employer and a majority of 
     employees. Such committee shall be subject to an agenda and 
     rules approved by the committee upon establishment, and all 
     decisions of the committee shall become final only upon a 
     vote of the majority of the members of the 
     committee.''.

                          ____________________