Fairness in the Workplace Commission Act - Establishes the National Commission on Fairness in the Workplace, which shall examine and report to the Congress on: (1) the growing corporate practice of providing wages and benefit levels for part-time and temporary employees which are lower than the wage and benefit levels provided to full-time employees who perform essentially identical work; (2) how the use of part-time and temporary employees has affected wage and benefit levels, employee job insecurity, and employee productivity; (3) the reasons that workers' wages have not kept pace with corporate profits and economic growth; (4) the reasons for the widening median wage gap between working men and working women; and (5) the reasons for the consistent discrepancy in the average wage of minority populations in comparison to the average wage of white Americans. Requires the Commission to develop policy options for the Congress to address the problems identified in the examination.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 2997 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 2997
To establish a commission on fairness in the workplace.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 9, 1997
Mr. Kennedy of Massachusetts (for himself, Mr. Dellums, Mr. Kleczka,
Mr. LaFalce, Mr. Filner, Mr. McDermott, Mr. Bonior, Mr. Towns, Ms.
Slaughter, Mr. Lewis of Georgia, Mr. Jackson of Illinois, Ms.
Velazquez, Mr. McGovern, Mr. Berman, Ms. Pelosi, Mr. Olver, Mr. Markey,
Mr. Waxman, Ms. Norton, Ms. Kilpatrick, Mr. Meehan, Ms. Roybal-Allard,
Mr. Miller of California, Mrs. Maloney of New York, Mr. Gutierrez, Mr.
Delahunt, Ms. Carson, Mr. Martinez, Mrs. Meek of Florida, Mr. Hinchey,
Mr. Owens, Mr. Tierney, Mr. Fattah, Mr. Payne, Mr. Neal of
Massachusetts, Mr. Ackerman, Ms. Waters, Ms. Brown of Florida, Mr.
Pomeroy, and Ms. Hooley of Oregon) introduced the following bill; which
was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To establish a commission on fairness in the workplace.
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 ``Fairness in the Workplace Commission
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Workers are not achieving wage and benefit increases
commensurate with corporate profits and sustained economic
expansion. While the median wage for workers fell 8 percent in
real terms during the business cycle peaks from 1979 through
1996, after-tax corporate profit rates grew 66 percent.
(2) The wage gap between men and women has increased in the
last 4 years, reversing a 20 year trend in which that gap had
narrowed.
(3) Despite a significant degree of closing the education
gap between minority and white Americans, wage gaps between
these groups persist and for some minority groups have been
expanded.
(4) Over the period of 1979 through 1996, workers have
experienced a heightened sense of job insecurity due to
corporate downsizing, deregulation of key industries, new
technology, and foreign competition.
(5) The last decade has seen a growth in the use of part-
time and temporary workers.
(6) Insufficient research has been done to determine the
extent and the impact of the use of part-time workers and the
failure of wages, especially for female workers, to keep pace
with economic growth and corporate profits.
SEC. 3. ESTABLISHMENT.
(a) In General.--There is established the National Commission on
Fairness in the Workplace (hereafter in this Act referred to as the
``Commission'').
(b) Member Authority.--Any member or agent of the Commission may,
if authorized by the Commission, take any action which the Commission
is authorized to take by this Act.
(c) Chairperson, Vice Chairperson.--The Chairperson of the
Commission shall be designated by the President at the time of
appointment. The Vice Chairperson shall be elected by the members of
the Commission. The term of office of the Chairperson and the vice
Chairperson shall be the life of the Commission.
(d) Termination.--The Commission shall cease to exist upon the
expiration of 18 months after the date of the enactment of this Act.
SEC. 4. COMMISSION DUTY.
(a) In General.--The Commission shall examine--
(1) the growing corporate practice of providing wages and
benefit levels for part-time and temporary employees which are
lower than the wage and benefit levels provided to full-time
employees who perform essentially identical work;
(2) how the use of part-time and temporary employees has
affected wage and benefit levels, employee job insecurity, and
employee productivity;
(3) the reasons that workers' wages have not kept pace with
corporate profits and economic growth;
(4) the reasons for the widening median wage gap between
working men and working women; and
(5) the reasons for the consistent discrepancy in the
average wage of minority populations in comparison to the
average wage of white Americans.
At the conclusion of the examination, the Commission shall develop
policy options for the Congress to address the problems identified in
the examination.
(b) Scope.--The Commission shall conduct its examination with
respect to the States and Guam, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, and the Commonwealth of the Northern
Marianas Islands.
(c) Definition.--As used in section 2 and this section, the term
``minority populations'' means Blacks (not of Hispanic origin),
Hispanics, Asians, Pacific Islanders, American Indians, and Alaskan
natives.
SEC. 5. MEMBERSHIP.
(a) Appointment.--Within 60 days of the date of the enactment of
this Act, the Commission shall be composed of 14 members appointed as
follows:
(1) 6 members appointed by the President of which 2 shall
be from the executive branch and 4 representatives from either
labor, business management, or academia.
(2) 2 members appointed by the Majority Leader of the
Senate of which one shall be a member of the Senate and one
shall be from private life.
(3) 2 members appointed by the Minority Leader of the
Senate of which one shall be a member of the Senate and one
shall be from private life.
(4) 2 members appointed by the Speaker of the House of
Representatives of which one shall be a member of the House of
Representatives and one shall be from private life.
(5) 2 members appointed by the Minority Leader of the House
of Representatives of which one shall be a member of the House
of Representatives and one shall be from private life.
The Secretary of Labor shall be an ex-officio member of the Commission.
(b) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under subsection (a) without regard to section
5311(b) of title 5, United States Code.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Rates of pay.--
(1) In general.--Except as provided in paragraph (2),
members shall each be paid at a rate not to exceed the rate of
basic pay for GS-15 of the General Schedule for each day
(including travel time) during which they are engaged in the
actual performance of duties vested in the Commission.
(2) Prohibition of compensation of members and federal
employees.--Members of the Commission who are Members of the
Senate or the House of Representatives or full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(3) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
SEC. 6. GENERAL AUTHORITY OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Meetings.--The Commission shall meet monthly or at the call of
the chairperson or a majority of its members.
(c) Staff.--The Commission shall appoint a staff.
(d) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not to exceed the daily equivalent of the minimum
annual rate of basic pay payable for GS-15 of the General Schedule.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
(f) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Commission, the head of that department or agency shall furnish that
information to the Commission.
(g) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for research and
other services without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5).
(h) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(i) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(j) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
SEC. 7. REPORT.
The Commission shall report its findings and policy options
developed under section 4 to the Congress not later than 30 days after
the termination date of the Commission, together with its
recommendations for legislation and administrative actions the
Commission considers appropriate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Employer-Employee Relations.
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