H R 3246 in Congressional Session 105

Official Summary

 

Bill Number : H R 3246

 

Title : To assist small businesses and labor organizations in defending themselves against government bureaucracy; to ensure that employees entitled to reinstatement get their jobs back quickly; to protect the right of employers to have a hearing to present their case in certain representation cases; and, to prevent the use of the National Labor Relations Act for the purpose of disrupting or inflicting economic harm on employers.

 

SUMMARY AS OF:
3/26/1998--Passed House amended.    (There is 1 other summary) TABLE OF CONTENTS:

Title I:

Truth in Employment

Title II:

Fair Hearing

Title III:

Justice on Time

Title IV:

Attorneys Fees Fairness for Small Business and Employees Act of 1998 -

Title I:

Truth in Employment - Amends the National Labor Relations Act (NLRA) to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status.

(Sec. 103)

Declares that this title shall not affect the rights and responsibilities under NLRA of any employee who is or was a bona fide employee applicant, including the right to: (1) self-organization; (2) form, join, or assist labor organizations; (3) bargain collectively through representatives of their own choosing; and (4) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Title II:

Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate.

Title III:

Justice on Time - Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity. Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases.

Title IV:

Attorneys Fees - Provides for awards of attorney's fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.

Votes

Title : To assist small businesses and labor organizations in defending themselves against government bureaucracy; to ensure that employees entitled to reinstatement get their jobs back quickly; to protect the right of employers to have a hearing to present their case in certain representation cases; and, to prevent the use of the National Labor Relations Act for the purpose of disrupting or inflicting economic harm on employers.
Votes in the US Senate
This Bill was not Voted in the US Senate
Votes in the US House
Roll NumberVote DateQuestionDescriptionVote Result
781998-03-26On Passage Fairness for Small Business and Employees ActP
771998-03-26On Agreeing to the Amendment Goodling of Pennsylvania AmendmentA

Sponsors

 
Congressional Sponsors of H R 3246
 
Bill Number : H R 3246
Title : To assist small businesses and labor organizations in defending themselves against government bureaucracy; to ensure that employees entitled to reinstatement get their jobs back quickly; to protect the right of employers to have a hearing to present their case in certain representation cases; and, to prevent the use of the National Labor Relations Act for the purpose of disrupting or inflicting economic harm on employers.
Sponsor: Rep Goodling, William F. [PA-19] (introduced 2/24/1998)      
ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Rep Ballenger, Cass [NC-10] - 3/18/1998

    Rep Barrett, Bill [NE-3] - 3/18/1998

    Rep Cunningham, Randy (Duke) [CA-51] - 3/3/1998

    Rep Deal, Nathan [GA-9] - 3/18/1998

    Rep Ensign, John [NV-1] - 3/18/1998

    Rep Fawell, Harris W. [IL-13] - 2/24/1998

    Rep Graham, Lindsey [SC-3] - 3/18/1998

    Rep Hall, Ralph M. [TX-4] - 3/18/1998

    Rep Hefley, Joel [CO-5] - 3/5/1998

    Rep Hilleary, Van [TN-4] - 3/18/1998

    Rep Hoekstra, Peter [MI-2] - 3/18/1998

    Rep Johnson, Sam [TX-3] - 3/18/1998

    Rep Knollenberg, Joe [MI-11] - 3/3/1998

    Rep McIntosh, David M. [IN-2] - 3/10/1998

    Rep McKeon, Howard P. "Buck" [CA-25] - 3/18/1998

    Rep Norwood, Charles W. [GA-10] - 3/18/1998

    Rep Paul, Ron [TX-14] - 3/10/1998

    Rep Peterson, John E. [PA-5] - 3/18/1998

    Rep Riggs, Frank [CA-1] - 3/18/1998

    Rep Scarborough, Joe [FL-1] - 3/18/1998

    Rep Schaffer, Bob [CO-4] - 3/18/1998

    Rep Snowbarger, Vince [KS-3] - 3/5/1998

    Rep Souder, Mark E. [IN-4] - 3/18/1998

    Rep Stenholm, Charles W. [TX-17] - 3/18/1998

    Rep Stump, Bob [AZ-3] - 3/10/1998

    Rep Talent, Jim [MO-2] - 2/24/1998

    Rep Upton, Fred [MI-6] - 3/18/1998

    Rep Watkins, Wes [OK-3] - 3/18/1998

    Rep Weldon, Dave [FL-15] - 3/17/1998

Other Info

Bill Number : H R 3246
Title : To assist small businesses and labor organizations in defending themselves against government bureaucracy; to ensure that employees entitled to reinstatement get their jobs back quickly; to protect the right of employers to have a hearing to present their case in certain representation cases; and, to prevent the use of the National Labor Relations Act for the purpose of disrupting or inflicting economic harm on employers.
 
 
ALL ACTIONS:
(Floor Actions/Congressional Record Page References)
 
2/24/1998:Sponsor introductory remarks on measure. (CR E195-196)
 
2/24/1998:Referred to the House Committee on Education and the Workforce.
 
2/24/1998:Referred to the Subcommittee on Employer-Employee Relations.
 
2/26/1998:Subcommittee Consideration and Mark-up Session Held.
 
2/26/1998:Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 7 - 3.
 
3/11/1998:Committee Consideration and Mark-up Session Held.
 
3/11/1998:Ordered to be Reported by the Yeas and Nays: 23 - 18.
 
3/17/1998 6:36pm:Mr. Dreier notified the House that members wishing to offer amendments to the bill should submit 55 copies of proposed amendments to the Committee on Rules (Rm. 312, Capitol) by 2 p.m. on Monday, March 23, 1998.
 
3/18/1998 3:51pm:Reported by the Committee on Education and the Workforce. H. Rept. 105-453.
 
3/18/1998 3:51pm:Placed on the Union Calendar, Calendar No. 259.
 
3/25/1998 2:48pm:Rules Committee Resolution H. Res. 393 Reported to House. Rule provides for consideration of H.R. 3246. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. No amendment to shall be in order except the amendment printed in the report accompanying this resolution, to be offered in the order and manner specified in the report, and not subject to further amendment or a demand for division of the question in the House or in the Committee of the Whole.
 
3/26/1998 6:14pm:Rule H. Res. 393 passed House.
 
3/26/1998 6:15pm:House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 393 and Rule XXIII.
 
3/26/1998 6:15pm:The Speaker designated the Honorable Bill McCollum to act as Chairman of the Committee.
 
3/26/1998 6:15pm:Considered under the provisions of rule H. Res. 393. (consideration: CR H1609-1623)
 
3/26/1998 6:15pm:Rule provides for consideration of H.R. 3246. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. No amendment shall be in order except the amendment printed in the report accompanying this resolution, to be offered in the order and manner specified in the report, and not subject to further amendment or a demand for division of the question in the House or in the Committee of the Whole.
 
3/26/1998 6:15pm:GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
 
3/26/1998 7:28pm:DEBATE - Pursuant to the provisions of H. Res. 393, the Committee of the Whole proceeded with 20 minutes of debate on the Goodling amendment.
 
3/26/1998 8:05pm:The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3246.
 
3/26/1998 8:06pm:The previous question was ordered pursuant to the rule.
 
3/26/1998 8:06pm:The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
 
3/26/1998 8:24pm:On passage Passed by recorded vote: 202 - 200 (Roll No. 78).
 
3/26/1998 8:24pm:Motion to reconsider laid on the table Agreed to without objection.
 
3/30/1998:Received in the Senate.