[Congressional Record Volume 143, Number 155 (Friday, November 7, 1997)]
[Senate]
[Pages S12020-S12022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD:
  S. 1453. A bill to establish a Commission on Fairness in the 
Workplace, and for other purposes; to the Committee on Labor and Human 
Resources.


        THE NATIONAL COMMISSION ON FAIRNESS IN THE WORKPLACE ACT

  Mr. DODD. Mr. President, today I am introducing the National 
Commission on Fairness in the Workplace Act. This commission will be 
tasked to review the trend of creating more part-time jobs than full-
time jobs; assess the relationship between part-time work and wage 
levels, benefits, earning potential, and productivity; and examine the 
practice of having different wage and benefit levels for part-time and 
full-time workers. This commission, comprised of representatives of the 
business community, labor, academia and government, will report its 
findings and recommendations to Congress and the President.
  I fully recognize that for many individuals, part-time employment is 
a perfect solution. Full-time students and individuals wanting to 
combine work and family responsibilities choose to work part-time. But, 
part-time work should not be a passport to second class status. Often 
these employees perform the same duties as their full-time 
counterparts, but for less money and no benefits. And for those 
individuals seeking employment, too often they can only find work that 
requires full-time hours, but not full-time pay and benefits.
  Too many Americans are forced to work two and three part-time jobs to 
pay their rent or mortgage, and put food on their tables. Let's not 
forget that employees who work full-time, earning benefits and living 
wages, are often still struggling. How do we expect individuals and 
families to survive on part-time wages and no benefits. Their status 
may be classified as part-time, but their expenses certainly are not.
  Employers must strive to provide salaries and benefits that meet the 
demands of today's circumstances, while searching for ways to increase 
productivity and remain competitive in a global environment.
  The recent UPS experience put a national spotlight on this issue; 
working full-time hours at part-time status and receiving less money 
and fewer benefits than a full-time employee. One of the concessions of 
the negotiations was that UPS would agree to create 10,000 full-time 
jobs from existing part-time positions.
  A poll of 500 individuals by the University of Connecticut in 
September found strong support for action that would guarantee part-
time workers some benefits and compel employers to pay those workers 
hourly wages equal to their full-time counterparts. Part-time employees 
in Connecticut comprise 12 percent of the work-force, less than the 18 
percent national average.
  Our work-force is one of our countries most treasured assets. 
Employees deserve to receive living wages and benefits and we must act 
now. Therefore, I urge my colleagues to join me in cosponsoring this 
legislation.
  Mr. President, I ask unanimous consent that a copy of the Hartford 
Courant article ``Part-timers' Rights Backed'' be included in the 
Record and I ask unanimous consent that the bill be printed in the 
Record.

[[Page S12021]]

  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1453

       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 ``National Commission on 
     Fairness in the Workplace Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) there is an increasing trend toward the use of part-
     time workers;
       (2) part-time jobs often have no or limited health or 
     pension benefits and few labor protections;
       (3) there is a trend toward the creation of more part-time 
     jobs than full-time jobs;
       (4) questions have been raised regarding the impact of 
     part-time employment on wage levels, benefits, earning 
     potential, and productivity; and
       (5) a Federal commission should be established to conduct a 
     thorough study of all matters relating to the impact of part-
     time employment on wage levels, benefits, earning potential, 
     and productivity and to study the practice of providing 
     different wage and benefit levels to part-time and full-time 
     workers.

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the National Commission on Fairness in the Workplace 
     (hereafter referred to in this Act as the ``Commission'').
       (b) Membership.--The Commission shall be composed of 9 
     members of whom--
       (1) 3 shall be appointed by the President;
       (2) 3 shall be appointed by the President pro tempore of 
     the Senate, upon the recommendation of the Majority and 
     Minority Leaders of the Senate; and
       (3) 3 shall be appointed by the Speaker of the House of 
     Representatives, in consultation with the Minority Leader of 
     the House of Representatives.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting as directed by 
     the President.
       (e) Meetings.--After the initial meeting, the Commission 
     shall meet at the call of the Chairperson.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for the transaction of business, 
     but a lesser number of members may hold hearings.
       (g) Chairperson and Vice Chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among its 
     members.

     SEC. 4. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--The Commission shall conduct a 
     comprehensive study of the impact of part-time employment in 
     the United States.
       (2) Matters to be studied.--The matters to be studied by 
     the Commission under paragraph (1) shall include--
       (A) a review of the trend toward creation of more part-time 
     than full-time jobs;
       (B) an assessment of the relationship between part-time 
     work and wage levels, benefits, earning potential, and 
     productivity; and
       (C) a review of the practice of providing different wage 
     and benefit levels to part-time and full-time workers.
       (b) Report.--No later than 12 months after the Commission 
     holds its first meeting, the Commission shall submit a report 
     on the study to the President and Congress. The report shall 
     contain a detailed statement of the findings and conclusions 
     of the Commission, together with its recommendations for such 
     legislation and administrative actions as it considers 
     appropriate.

     SEC. 5. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out its duties of this Act.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this Act. Upon request of the 
     Chairperson of the Committee, the head of such department or 
     agency shall furnish such information to the Commission.

     SEC. 6. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not otherwise an officer or employee of the Federal 
     Government shall be compensated at a rate equal to the daily 
     equivalent of the annual rate of basic pay prescribed for a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day (including 
     travel time) during which such member is engaged in the 
     performance of the duties of the Commission. Each member of 
     the Commission who is otherwise an officer or employee of the 
     United States shall serve without compensation in addition to 
     that received for services as an officer or employee of the 
     United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Commission.
       (c) Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties. The employment and 
     termination of an executive director shall be subject to 
     confirmation by a majority of the members of the Commission.
       (2) Compensation.--The executive director shall be 
     compensated at a rate not to exceed the rate payable for a 
     position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code. The Chairperson may fix 
     the compensation of other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for such personnel may not exceed the rate 
     payable for a position at level V of the Executive Schedule 
     under section 5316 of such title.
       (3) Detail of government employees.--Any Federal Government 
     employee, with the approval of the head of the appropriate 
     Federal agency, may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status, benefits, or privilege.
       (d) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals not to exceed 
     the daily equivalent of the annual rate of basic pay 
     prescribed for a position at level V of the Executive 
     Schedule under section 5316 of such title.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     such sums as may be necessary to carry out the purposes of 
     this Act. Any sums appropriated shall remain available, 
     without fiscal year limitation, until expended.

     SEC. 8. TERMINATION.

       The Commission shall terminate 30 days after submission of 
     its report under section 4(b).
                                  ____


              [From the Hartford Courant, October 8, 1997]

   Part-timers' Rights Backed; Residents Polled by the University of 
Connecticut in September Strongly Support Government Action That Would 
  guarantee Part-timers Some Benefits; Courant/UCONN Connecticut Poll

                           (By Liz Halloran)

       It was the workplace issue that tripped up UPS and snarled 
     the nation's package delivery system during a 15-day strike 
     this summer: the growing use of part-time employees to do 
     America's business.
       UPS workers agreed to go back to work after the giant 
     delivery company said it would create 10,000 new full-time 
     jobs from existing part-time positions.
       The strike was over, but the national conversation about 
     the country's estimated 23 million part-time workers--their 
     rights and the government's role in protecting them--kicked 
     into high gear.
       ``Not everyone can work full time, and part-time work 
     offers extra freedom and income to families in need,'' said 
     Sen. Christopher J. Dodd, D-Conn., who is urging Congress to 
     set up a committee to study part-time work.
       ``[Part-time work] shouldn't be a passport to second-class 
     status,'' he said.
       It seems those in Connecticut agree strongly that part-time 
     work that provides significant pay, benefits and stature must 
     remain an option for families and individuals struggling to 
     satisfy their own needs, those of their children and demands 
     of their careers.
       Part-timers in Connecticut make up about 12 percent of the 
     work force--less than the 18 percent national average--and 
     most don't want a full-time job, a new Courant/Connecticut 
     Poll shows.
       But the residents polled by telephone by the University of 
     Connecticut Sept. 9-15 showed remarkable support for 
     government action that would guarantee part-timers some 
     benefits, and compel companies to pay those workers hourly 
     wages equal to their full-time counterparts. Only one in 
     three said they would support laws restricting companies from 
     hiring part-time workers instead of creating full-time jobs.
       But two-thirds said they would support laws requiring 
     employers to give part-time workers benefits such as health 
     insurance, pensions and vacations. Three out of four of those 
     polled said that there should be no difference in the hourly 
     pay of part- and full-time workers.
       ``There is backing for `fairness'--especially in hourly 
     rates and for the provision of at least some fringe 
     benefits,'' said G. Donald Ferree Jr., poll director.
       A majority of the 500 residents polled, however, seemed 
     more interested in making sure that all workers--including 
     part-timers--are paid equitably, than in judging whether jobs 
     should be part or full time, Ferree said.
       Democrats were more apt than Republicans to support 
     government policies regarding part-time work, as were women, 
     who

[[Page S12022]]

     are more likely than men to work part time, he said.
       The strong support the poll results show for part-time 
     worker benefits and equal pay did not surprise Joseph F. 
     Brennan, vice president of legislative affairs at the 
     Connecticut Business and Industry Association.
       ``I think the timing of the poll may have skewed results 
     somewhat because the UPS strike was in the headlines, and 
     general polling at that time seemed to support the workers,'' 
     Brennan said.
       Polling done in the past by the business association tells 
     a different story, he said, suggesting that residents do not 
     support greater governmental control of general business 
     practices. The association polls, however, have not asked 
     specifically about part-time work.
       Some business leaders have also argued that state 
     intervention into policies regarding part-time employee pay 
     and benefits could hamper Connecticut's ability to compete 
     with other states for jobs. They have also said that any 
     requirements should come from Congress and be applied 
     uniformly nationwide.
       A package of state legislative proposals aimed at 
     regulating corporate behavior, including a requirement to pay 
     part-timers the same hourly wage as full-timers doing the 
     same job, made little headway in the General Assembly this 
     year.
       Union officials say they believe that public sentiment for 
     part-time workers runs deeper than simply timing.
       ``The people in the poll have said it all--it's about equal 
     pay and equal benefits for equal work,'' said John W. Olsen, 
     president of the state AFL-CIO. ``It's not as much about part 
     and full time anymore.''
       Olsen said that if part-timers are compensated equally, 
     employers will find it less attractive to use them to replace 
     full-time positions.
       The issue was central to a demonstration in mid-September 
     against Pratt & Whitney, a division of United Technologies 
     Corp. About 400 workers and supporters, dozens of whom were 
     arrested, gathered in downtown Hartford to protest Pratt's 
     decision to cut contracted full-time cleaning jobs and 
     replace them with part-time, lower-paying positions.
       While there are instances in Connecticut where workers have 
     been affected by company decisions to replace full-time jobs 
     with low-wage, no-benefit positions, most part-time employees 
     polled said they are not looking for full-time work.
       Only one out of five part-timers questioned in the poll 
     said they were actively seeking full-time work.
       ``Part-time work plays a real role in Connecticut, and many 
     engaged in it do not want full-time work instead,'' Ferree 
     said.
       One other thing the poll made clear, Ferree said, was that 
     the days when one income was deemed enough for a family to 
     live on are over. About half of those polled said their 
     family could live on what the main earner is paid, but nearly 
     as many said that their household needs the income of more 
     than one person.
       On the job, some of the time:
       Connecticut residents show remarkable support for requiring 
     employers to pay part-time workers at the same hourly rate as 
     full-time workers and to provide part-time workers some 
     benefits. Those polled also strongly believe it is important 
     to preserve part-time employment as a work option.

                           *   *   *   *   *

       The Courant/Connecticut Poll on part-time workers was 
     conducted by the University of Connecticut from Sept. 9-15. 
     Five hundred randomly selected people were interviewed by 
     telephone. Percentages are rounded to the nearest whole 
     number and may not add up to 100.
       The poll has a margin of error of plus or minus 5 
     percentage points. This means there is a 1-in-20 chance that 
     the results would differ by more than 5 points in either 
     direction from the results of a survey of all adult 
     residents.
       A poll's margin of error increases as the sample size 
     shrinks. Results for a subgroup within the poll have a higher 
     margin of error.
       The telephone numbers were generated by a computer in 
     proportion to the number of adults living in each area. The 
     actual respondent in each household also was selected at 
     random.

                          ____________________