[Congressional Record Volume 147, Number 71 (Tuesday, May 22, 2001)]
[Senate]
[Page S5460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HUTCHINSON:
  S. 929. A bill to amend the National Labor Relations Act to preserve 
charitable giving; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. HUTCHINSON. Mr. President, I rise today to introduce the Preserve 
Charitable Giving Act. I am proud of this legislation but am profoundly 
saddened that it has become necessary.
  Aggressive union organizing tactics have made this legislation 
necessary because those tactics have forced many of our nation's 
largest retailers who allow charities to solicit donations on their 
premises to also give unions access to their premises for the express 
purpose of organizing or face a flurry of unfair labor practice 
charges. When faced with this situation, these retailers are thus 
forced to deny access to everyone, resulting in a loss of charitable 
donations. The magnitude of this loss cannot be overstated, as 
charitable donations raised through Wal*Mart alone are over $127 
million annually. This means that there are now fewer hot meals for the 
hungry, fewer toys for poor children, and less clothing and shelter for 
the homeless.
  This is unacceptable. Companies should not be forced to choose 
between furthering charity or increasing union membership. The Preserve 
Charitable Giving Act will clarity the National Labor Relations Act so 
that retailers who choose to allow access to their premises for 
charitable solicitations will not also be forced to give access for 
union organizing purposes. Thus, I ask my colleagues to preserve 
charitable giving by helping to enact this legislation.
  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. 929

       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 ``Preserve Charitable Giving 
     Act''.

     SEC. 2. PROPERTY ACCESS.

       Section 8(a)(1) of the National Labor Relations Act is 
     amended by adding after ``section 7'' the following: 
     ``Provided, That in the case of a published, written, or 
     posted no solicitation or no access rule, an exception for 
     charitable, eleemosynary, or other beneficent purposes shall 
     not be grounds for finding an unfair labor practice''.
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