[Congressional Record Volume 161, Number 76 (Monday, May 18, 2015)]
[Senate]
[Page S2998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1342. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 1221 proposed by Mr. Hatch to the bill H.R. 1314, to amend
the Internal Revenue Code of 1986 to provide for a right to an
administrative appeal relating to adverse determinations of tax-exempt
status of certain organizations; which was ordered to lie on the table;
as follows:
At the end, add the following:
TITLE [__]--DETERRING LABOR SLOWDOWNS
SEC. [__]. DETERRING LABOR SLOWDOWNS.
(a) Amendments to the National Labor Relations Act.--The
National Labor Relations Act is amended--
(1) in section 1 (29 U.S.C. 151), by adding at the end the
following:
``International trade is one of the most important
components of the economy of the United States and will
likely continue to grow in the future. In order to remain
competitive in an increasingly competitive global economy, it
is essential that the United States possess a highly
efficient and reliable public and private transportation
network. The ports of the United States are an increasingly
important part of such transportation network. Experience has
demonstrated that frequent and periodic disruptions to
commerce in the maritime industry in the form of deliberate
and unprotected labor slowdowns at the ports of the United
States have led to substantial and frequent economic
disruption and loss, interfering with the free flow of
domestic and international commerce and threatening the
economic health of the United States, as well as its citizens
and businesses. Such frequent and periodic disruptions to
commerce in the maritime industry hurt the reputation of the
United States in the global economy, cause the ports of the
United States to lose business, and represent a serious and
burgeoning threat to the financial health and economic
stability of the United States. It is hereby declared to be
the policy of the United States to eliminate the causes and
mitigate the effects of such disruptions to commerce in the
maritime industry and to provide effective and prompt
remedies to individuals injured by such disruptions.'';
(2) in section 2 (29 U.S.C. 152), by adding at the end the
following:
``(15) The term `employee engaged in maritime employment'
has the meaning given the term `employee' in section 2(3) of
the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
902(3)).
``(16) The term `labor slowdown'--
``(A) includes any intentional effort by employees to
reduce productivity or efficiency in the performance of any
duty of such employees; and
``(B) does not include any such effort required by the good
faith belief of such employees that an abnormally dangerous
condition exists at the place of employment of such
employees.'';
(3) in section 8(b) (29 U.S.C. 158(b)), by adding at the
end the following:
``(8) in representing, or seeking to represent, employees
engaged in maritime employment, to engage in a labor slowdown
at any time, including when a collective-bargaining agreement
is in effect.'';
(4) in section 9 (29 U.S.C. 159), by adding at the end the
following:
``(f) Effect of Labor Slowdowns.--If a labor organization
has been found, pursuant to a final order of the Board, to
have violated section 8(b)(8), the Board shall--
``(1) revoke the exclusive recognition or certification of
the labor organization, which shall immediately cease to be
entitled to represent the employees in the bargaining unit of
such labor organization; or
``(2) take other appropriate disciplinary action.''; and
(5) in section 10(l) (29 U.S.C. 160(l)), in the first
sentence, by striking ``or section 8(b)(7)'' and inserting
``or paragraph (7) or (8) of section 8(b)''.
(b) Amendment to the Labor Management Relations Act,
1947.--Section 303 of the Labor Management Relations Act,
1947 (29 U.S.C. 187) is amended--
(1) in subsection (a), by striking ``in section 8(b)(4)''
and inserting ``under paragraph (4) or (8) of section 8(b)'';
(2) in subsection (b), by inserting ``, including
reasonable attorney fees for a violation under section
8(b)(8) of the National Labor Relations Act (29 U.S.C.
158(b)(8))'' before the period; and
(3) by adding at the end the following:
``(c) In an action for damages resulting from a violation
of section 8(b)(8) of the National Labor Relations Act (29
U.S.C. 158(b)(8)), it shall not be a defense that the injured
party has, in any manner, waived, or purported to waive, the
right of such party to pursue monetary damages relating to
the labor slowdown at issue--
``(1) in connection with a contractual grievance alleging a
violation of a clause prohibiting a strike, or a similar
clause, in a collective-bargaining agreement; or
``(2) in connection with an action for a breach of such a
clause under section 301.''.
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