H.R. 34

Restoration of Labor Act

IN THE SENATE/HOUSE

12/28 [Party Leader] /u/PGF3 introduced the following legislation.

A RESOLUTION/BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION I. SHORT TITLE

(1) This legislation shall be known as the “The Restoration of Labor Act.”

SECTION II. Definitions

(1) For the purposes of this act, the definitions of the terms “industry affecting commerce,” “strike,” “commerce,” “labor disputes,” “employer,” “employee,” “labor organization,” “representative,” “person,” and “supervisor” shall be the same as they are in section 142 of subchapter I of chapter 7 of title 29 of the U.S. Code

SECTION III. Repealing Taft-Hartley

(1) Section 151 of subchapter II of chapter 7 of title 29 of the U.S. Code is amended to read:

The continued attempts by employers to deny their employees the right to organize into unions has continually aggravated the conditions of the working class. Employees and employers are essentially unequal in their bargaining power, as employees are almost universally poorer and less well-organized than employers, who are wealthy and able to collude through corporate associations. This, of course, decreases the wages and working conditions of workers throughout the United States.

It has been proven that federal protection of the right of workers to organize and bargain collectively protects employees from injury and poor working conditions, and even promotes commerce by removing sources of industrial disputes which hurt efficient commerce.

It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial burdens on the working class by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.

(2) Section 154 of the U.S. Code is amended to read:

a) Each member of the Board shall be eligible for reappointment, and shall not engage in any other job, vocation or duty. The Board will appoint an executive secretary, and such attorneys, examiners, and regional directors, and will appoint such other employees with regard to existing laws applicable to the employment and compensation of officers and employees of the United States, as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress. The Board may establish or utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may, at the direction of the Board, appear for and represent the Board in any case in court. Nothing in this Act shall be construed to authorize the Board to appoint individuals for the purpose of conciliation or mediation (or for statistical work), where such service may be obtained from the Department of Labor.

b) All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Board or by any individual it designates for that purpose.

(3) Section 157 of the U.S. Code is amended to read:

Workers shall have the natural right to self-organize, to form, join, or help labor organizations to collectively bargain through representatives of their choosing, and to engage in united activities, for the purpose of collective bargaining or other mutual aid or protection.

(4) Section 158 of the U.S. Code is amended to read:

a) It shall be unlawful, unfair and ungodly labor practice for an employer--

1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title;

2) to disrupt, destroy or interfere with the formation or administration of any labor organization or provide financial or other support to it through actions such as bribery: Provided, That subject to rules and regulations made and published by the Board pursuant to section 156 of this title, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;

3) by discrimination in hiring or retaining of employees with the purpose of encouraging or discouraging membership in a labor organization; Provided, That nothing in this subchapter, or in any other statute of the United States, shall be construed to prevent an employer from making an agreement with a labor organization to require employees to join a labor organization within 30 days of employment, so long as the labor organization is the representative of the employees as provided in section 159(a) of this title, in the appropriate unit covered by such agreement when made: Provided further, that no employer may discriminate against an employee for not being a member of a labor organization if they either have reasonable grounds for believing that membership in the labor organization was not available to the employee on equal terms to other members, or if they have reasonable grounds for belief that membership in said labor organization was disallowed for reasons outside of failure to provide dues and initiation fees.

4) to fire or discriminate against an employee because of testimony given under this chapter;

5) to refuse to bargain collectively with the representatives of his employees or to attempt to disrupt or in any way undermine the bargaining position of his employees, subject to the provisions of section 159(a) of this title.

b) It shall be an unfair labor practice for a labor organization or its agents--

1) to limit employees in the practice of labor rights guaranteed in section 157 of this title: Provided, That this paragraph shall not be construed to limit the right of a labor organization to create its own rules and regulations surrounding acquisition of membership in said organization or an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances;

2) to require of workers covered by an agreement authorized under subsection (a)(3) the payment, as a necessity precedent to joining the labor organization organization, of a fee in an amount which the Board finds excessive, discriminatory and enormous under all circumstances. When findings are made the Board will consider, among other significant factors, the proceedings and doings of the labor organizations in the particular fields, and the wages currently paid to the employees affected;

c) Any labor organization that plans to strike, picket, or refuse to work at a health care institution must notify the institution in writing at least 10 days before the action. The notice must state the date and time that the action will commence, and may be extended by the written agreement of both parties.

(4) Section 159 of the U.S. Code is amended to read:

a) Representatives elected or chosen for the purposes of collective bargaining by the majority of the workers in a labor unit appropriate for such purposes, shall be the only representatives of all the workers in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment.

b) The Board shall make the decision, in order to assure to employees the best freedom in using their rights that are guaranteed by this subchapter, the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof.

c) Whenever a question that affects industry arises concerning the representation of workers, the Board shall investigate such issues and certify to the parties, in writing, the name or names of the representatives that have been designated or selected. In any such investigation, the Board shall provide for an appropriate hearing upon due notice, either in conjunction with a proceeding under section 10 or otherwise, and may take a secret ballot of employees, or utilize any other suitable method to ascertain such representatives.

d) Whenever an order of the Board made pursuant to section 160(c) of this title is based in whole or in part upon facts certified following an investigation pursuant to subsection (c) of this section and there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under subsection (e) or (f) of section 160 of this title, and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the Board shall be made and entered upon the pleadings, testimony, and proceedings set forth in such transcript.

(5) Sections 141 and 171-183 of the U.S. Code are hereby repealed.

SECTION III. ENACTMENT

(1) This legislation shall come into effect immediately upon its successful passage.

(2) This legislation shall take precedence over all previous pieces of legislation that might contradict it.

(3) Should any part of this resolution be struck down due to being unconstitutional, the rest shall remain law.