[Congressional Record Volume 144, Number 37 (Friday, March 27, 1998)]
[Extensions of Remarks]
[Pages E504-E505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         FAIRNESS FOR SMALL BUSINESS AND EMPLOYEES ACT OF 1998

                                 ______
                                 

                               speech of

                           HON. NANCY PELOSI

                             of california

                    in the house of representatives

                        Thursday, March 26, 1998

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 3246) to 
     assist small businesses and labor organizations in defending 
     themselves against government bureaucracy; to ensure that 
     employees entitled to reinstatement get their jobs back 
     quickly; to protect the right of employers to have a hearing 
     to present their case in certain representation cases; and to 
     prevent the use of the National Labor Relations Act for the 
     purpose of disrupting or inflicting economic harm on 
     employers.

  Ms. PELOSI. Mr. Chairman, I rise in opposition to this legislation, 
which attempts to silence workers and diminish their ability to stand 
against discrimination in the workplace.
  This bill prevents employees the opportunity to bargain or to protect 
their rights in the workplace. The bill subjects workers to an 
unreasonable and unjust test of motivation in order to gain employment, 
and will intimidate employees into giving up their right to join a 
union.
  We currently have established laws to protect employers from workers 
performing illegal

[[Page E505]]

activities in the workplace. Union organizing is not an illegal 
activity. This bill would overturn a unanimous Supreme Court decision 
which provided that a union organizer should be treated as an employee 
as long as union organizing does not interfere with his or her service 
to the employer. This bill singles out the National Labor Relations 
Board for the unreasonable burden of paying all attorney's fees of all 
prevailing parties in judicial proceedings, regardless of whether the 
boards position was justified.
  Mr. Speaker, this is not fairness for employees. This is an unfair 
gag on working people. I urge my colleagues to oppose this harmful 
legislation.

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