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H.R. 5 (103rd): Cesar Chavez Workplace Fairness Act


The text of the bill below is as of Jun 8, 1993 (Reported by House Committee).


HR 5 RH

Union Calendar No. 61

103d CONGRESS

1st Session

H. R. 5

[Report No. 103-116, Parts I, II and III]

To amend the National Labor Relations Act and the Railway Labor Act to prevent discrimination based on participation in labor disputes.

IN THE HOUSE OF REPRESENTATIVES

January 5, 1993

Mr. CLAY introduced the following bill; which was referred to the Committee on Education and Labor

FEBRUARY 17, 1993

Additional sponsors: Mr. BONIOR, Mr. FORD of Michigan, Mr. GEPHARDT, Mr. MINETA, Mr. ANDREWS of New Jersey, Mr. ANDREWS of Maine, Mr. APPLEGATE, Mr. BACCHUS of Florida, Mr. BARRETT of Wisconsin, Mr. BERMAN, Mr. BORSKI, Mr. CARDIN, Mr. CLYBURN, Mr. COSTELLO, Mr. COYNE, Mr. DE LUGO, Ms. DELAURO, Mr. DEFAZIO, Mr. DELLUMS, Mr. DICKS, Mr. DURBIN, Mr. EDWARDS of California, Mr. ENGEL, Mr. FILNER, Mr. FOGLIETTA, Mr. FRANK of Massachusetts, Mr. FROST, Mr. GLICKMAN, Mr. GONZALEZ, Mr. GENE GREEN of Texas, Mr. HAMILTON, Mr. HINCHEY, Mr. HOCHBRUECKNER, Mr. HOLDEN, Mr. HUGHES, Mr. KANJORSKI, Ms. KAPTUR, Mrs. KENNELLY, Mr. KILDEE, Mr. KLINK, Mr. LAFALCE, Mr. LEHMAN, Mrs. MALONEY, Mr. MCCLOSKEY, Mr. MCHALE, Mr. MCHUGH, Mrs. MEEK, Mr. MILLER of California, Mrs. MINK, Mr. MOAKLEY, Mr. MORAN, Mr. MURTHA, Mr. NADLER, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OBEY, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PAYNE of New Jersey, Ms. PELOSI, Mr. PENNY, Mr. POMEROY, Mr. RAHALL, Mr. REYNOLDS, Mr. ROEMER, Mr. RUSH, Mr. SANDERS, Mr. SCHUMER, Mr. SERRANO, Mr. SKAGGS, Mr. SMITH of New Jersey, Mr. STARK, Mr. STOKES, Mr. TORRICELLI, Mrs. UNSOELD, Ms. VELAZQUEZ, Mr. VENTO, Mr. VISCLOSKY, Mr. WASHINGTON, Mr. WAXMAN, Mr. WILLIAMS, Mr. WISE, Ms. WOOLSEY, Mr. STRICKLAND, Miss COLLINS of Michigan, Mr. MARTINEZ, Mr. OBERSTAR, Mr. MURPHY, Mr. SCOTT, Ms. ESHOO, Mr. KOPETSKI, Mr. WYNN, Mr. GUTIERREZ, Ms. ENGLISH of Arizona, Mr. DIXON, Mr. WILSON, Mr. STUPAK, Mr. RANGEL, Mr. LANTOS, Mr. HASTINGS, Mr. EVANS, and Mrs. Byrne

February 24, 1993

Rereferred jointly to the Committees on Education and Labor, Energy and Commerce, and Public Works and Transportation

April 19, 1993

Additional sponsors: Mr. WYDEN, Ms. FURSE, Ms. HARMAN, Mr. CARR, Mr. SMITH of Iowa, Mr. ACKERMAN, Mrs. SCHROEDER, Mr. TRAFICANT, Mr. FLAKE, Mr. FAZIO, Mr. MCDERMOTT, Mr. SHARP, Mr. SABO, Mr. GEJDENSON, Mr. JEFFERSON, Mr. KLEIN, Mr. SAWYER, Mr. FINGERHUT, Mr. TORRES, Mr. SKELTON, Ms. WATERS, Mr. LEVIN, Mr. LIPINSKI, Mr. BARLOW, Mrs. LOWEY, Mr. JACOBS, Mr. KLECZKA, Mr. PETERSON of Florida, Mr. SLATTERY, Mr. TOWNS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. RICHARDSON, Mr. COLEMAN, Mr. BECERRA, Mr. LAROCCO, Mr. MANN, Mr. BROWN of Ohio, Ms. ROYBAL-ALLARD, Mr. CONDIT, Mr. MOLLOHAN, Mr. PASTOR, Mr. LEWIS of Georgia, Mr. HAMBURG, Mr. BLACKWELL, Mr. TUCKER, Mr. CONYERS, Mr. JOHNSON of South Dakota, Ms. MCKINNEY, Mr. WHEAT, Mr. DINGELL, Mr. MFUME, Ms. SCHENK, Mr. SWETT, Mr. SWIFT, Mr. DEUTSCH, Mr. HALL of Ohio, Mr. PETERSON of Minnesota, Mr. BARCIA, Mr. MANTON, Mr. MCNULTY, Mr. BROWN of California, Mr. MEEHAN, Mr. REED, Mr. POSHARD, Mr. STUDDS, Ms. SLAUGHTER, Mr. GORDON, Mr. BEVILL, Ms. BROWN of Florida, Mr. HOYER, Mr. MATSUI, Mr. KENNEDY, Mr. YATES, Mr. BILBRAY, Mr. SYNAR, Ms. LONG, Mr. ABERCROMBIE, Mr. MARKEY, Mr. VOLKMER, and Mr. KREIDLER

May 27, 1993

Reported from the Committee on Education and Labor with amendments

[Omit the part struck through and insert the part printed in italic]

JUNE 8, 1993

Reported from the Committee on Energy and Commerce

JUNE 8, 1993

Additional sponsors: Mrs. COLLINS of Illinois, Ms. SHEPHERD, Mr. FIELDS of Louisiana, Ms. DANNER, Mr. HILLIARD, Mr. CLEMENT, Mr. SARPALIUS, Mr. INSLEE, Mr. SANGMEISTER, Ms. CANTWELL, Mr. MENENDEZ, and Mr. Minge

JUNE 8, 1993

Reported from the Committee on Public Works and Transportation, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


A BILL

To amend the National Labor Relations Act and the Railway Labor Act to prevent discrimination based on participation in labor disputes.

    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 ‘Cesar Chavez Workplace Fairness Act’.

[Struck out->] SECTION 1. [<-Struck out] SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF LABOR DISPUTES.

    Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended--

      (1) by striking the period at the end of paragraph (5) and inserting ‘; or’, and

      (2) by adding at the end thereof the following new paragraph:

      ‘(6) to promise, to threaten, or to take other action--

        ‘(i) to hire a permanent replacement for an employee who--

          ‘(A) at the commencement of a labor dispute was an employee of the employer in a bargaining unit in which a labor organization--

            ‘(I) was the certified or recognized exclusive representative, or

            ‘(II) at least 30 days prior to the commencement of the dispute had filed a petition pursuant to section 9(c)(1) on the basis of written authorizations by a majority of the unit employees, and the Board has not completed the representation proceeding; and

          ‘(B) in connection with that dispute has engaged in concerted activities for the purpose of collective bargaining or other mutual aid or protection through that labor organization; or

        ‘(ii) to withhold or deny any other employment right or privilege to an employee, who meets the criteria of subparagraphs (A) and (B) of clause (i) and who is working for or has unconditionally offered to return to work for the employer, out of a preference for any other individual that is based on the fact that the individual is performing, has performed, or has indicated a willingness to perform bargaining unit work for the employer during the labor dispute.’.

SEC. [Struck out->] 2. [<-Struck out] 3. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF RAILWAY LABOR DISPUTES.

    Paragraph Fourth of section 2 of the Railway Labor Act (45 U.S.C. 152) is amended--

      (1) by inserting ‘(a)’ after ‘Fourth.’; and

      (2) by adding at the end the following:

    ‘(b) No carrier, or officer or agent of the carrier, shall--

      ‘(1) offer or grant the status of a permanent replacement employee to an individual for performing work in a craft or class for the carrier during a dispute which involves the craft or class and which is between the carrier and the labor organization that is acting as the collective bargaining representative involved in the dispute; or

      ‘(2) offer or grant an individual any other employment preference based on the fact that such individual performed work in a craft or class, or indicated a willingness to perform such work, during a dispute over an individual who--

        ‘(A) was an employee of the carrier at the commencement of the dispute;

        ‘(B) in connection with such dispute has exercised the right to join, to organize, to assist in organizing, or to bargain collectively through the labor organization that is acting as the collective bargaining representative involved in the dispute; and

        ‘(C) is working for, or has unconditionally offered to return to work for, the carrier.’.