Right to Organize Act of 1999 - Amends the National Labor Relations Act (NLRA) to revise requirements relating to employer and labor organization (union) presentations to employees on issues relating to union representation.
(Sec. 2) Requires that, if an employer (or employer representative) addresses employees on the employer's premises or during work hours on such issues, the employees be assured, without loss of time or pay, an equal opportunity to obtain, in an equivalent manner, information concerning issues from a union.
Requires that unions, subject to reasonable regulation by the National Labor Relations Board, have: (1) access to areas in which employees work; (2) the right to use the employer's bulletin boards, mailboxes, and other communication media; and (3) the right to use the employer's facilities for the purpose of meetings with respect to the exercise of the rights guaranteed by NLRA.
(Sec. 3) Requires the Board to: (1) award back pay equal to three times the employee's wages upon finding that an employee was discharged as a result of an unfair labor practice; and (2) notify the employee of the right to sue for punitive damages and (compensatory) damages with respect to wrongful discharge under the Labor Management Relations Act, 1947 (LMRA).
Amends LMRA to: (1) prohibit employers from discharging employees for exercising rights protected under NLRA; and (2) allow employees to file civil actions in U.S. district courts to recover punitive damages when they have been discharged as a result of an unfair labor practice, or if actionable, in any State court to recover damages based on wrongful discharge.
(Sec. 4) Amends NLRA to establish mediation and arbitration procedures for initial contract collective bargaining agreements. Requires mediation if the employer and union cannot reach agreement on their own within 60 days after certification of a new union. Allows either party to transfer matters remaining in controversy to the Federal Mediation and Conciliation Service for binding arbitration if the parties have not reached agreement 30 days after a mediator is selected.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 654 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 654
To strengthen the rights of workers to associate, organize and strike,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 17, 1999
Mr. Wellstone introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To strengthen the rights of workers to associate, organize and strike,
and for other purposes.
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 ``Right to Organize Act of 1999''.
SEC. 2. EMPLOYER AND LABOR ORGANIZATIONS PRESENTATIONS.
Section 8(c) of the National Labor Relations Act (29 U.S.C. 158(c))
is amended--
(1) by inserting ``(1)'' after the subsection designation;
and
(2) by adding at the end the following new paragraphs:
``(2) If an employer or employer representative addresses the
employees on the employer's premises or during work hours on issues
relating to representation by a labor organization, the employees shall
be assured, without loss of time or pay, an equal opportunity to
obtain, in an equivalent manner, information concerning such issues
from such labor organization.
``(3) Subject to reasonable regulation by the Board, labor
organizations shall have--
``(A) access to areas in which employees work;
``(B) the right to use the employer's bulletin boards,
mailboxes, and other communication media; and
``(C) the right to use the employer's facilities for the
purpose of meetings with respect to the exercise of the rights
guaranteed by this Act.''.
SEC. 3. LABOR RELATIONS REMEDIES.
(a) Board Remedies.--Section 10(c) of the National Labor Relations
Act (29 U.S.C. 160(c)) is amended by inserting after the fourth
sentence the following new sentence: ``If the Board finds that an
employee was discharged as a result of an unfair labor practice, the
Board in such order shall (1) award back pay in an amount equal to 3
times the employee's wage rate at the time of the unfair labor practice
and (2) notify such employee of such employee's right to sue for
punitive damages and damages with respect to a wrongful discharge under
section 303 of the Labor Management Relations Act, 1947 (29 U.S.C.
187), as amended by the Fair Labor Organizing Act.''.
(b) Court Remedies.--Section 303 of the Labor Management Relations
Act, 1947 (29 U.S.C. 187) is amended by adding at the end the following
new subsections:
``(c) It shall be unlawful, for purposes of this section, for any
employer to discharge an employee for exercising rights protected under
the National Labor Relations Act.
``(d) An employee whose discharge is determined by the National
Labor Relations Board under section 10(c) of the National Labor
Relations Act to be as a result of an unfair labor practice under
section 8 of such Act may file a civil action in any district court of
the United States, without respect to the amount in controversy, to
recover punitive damages or if actionable, in any State court to
recover damages based on a wrongful discharge.''.
SEC. 4. INITIAL CONTRACT DISPUTES.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following new subsection:
``(h)(1) If, not later than 60 days after the certification of a
new representative of employees for the purpose of collective
bargaining, the employer of the employees and the representative have
not reached a collective bargaining agreement with respect to the terms
and conditions of employment, the employer and the representative shall
jointly select a mediator to mediate those issues on which the employer
and the representative cannot agree.
``(2) If the employer and the representative are unable to agree
upon a mediator, either party may request the Federal Mediation and
Conciliation Service to select a mediator and the Federal Mediation and
Conciliation Service shall upon the request select a person to serve as
mediator.
``(3) If, not later than 30 days after the date of the selection of
a mediator under paragraph (1) or (2), the employer and the
representative have not reached an agreement, the employer or the
representative may transfer the matters remaining in controversy to the
Federal Mediation and Conciliation Service for binding arbitration.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2856-2859)
Read twice and referred to the Committee on HELP.
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