A bill to extend coverage under certain Federal labor laws to employees of the Congress, to provide for the enforcement of such coverage by the establishment of the Legislative Branch Employment Relations Board, and for other purposes.
Legislative Branch Fair Employment Practices Act - Title I: Application of Federal Labor Laws to Congress - Amends the following Federal laws to provide for coverage of legislative branch employees under: (1) the National Labor Relations Act; (2) the Fair Labor Standards Act of 1938 (including provisions on minimum wages, overtime, and equal pay); (3) the Age Discrimination in Employment Act of 1967; (4) the Occupational Safety and Health Act of 1970; (5) title VII of the Civil Rights Act of 1964 (equal employment opportunity provisions); and (6) the Rehabilitation Act of 1973 (employment of the handicapped provisions). Provides that such amendments shall not be construed to require: (1) any Member of Congress to employ in the legislative branch any individual who is not a domiciliary of the district or State such Member represents; or (2) any Member of Congress or congressional committee not to take political affiliation into consideration in hiring for the legislative branch.
Title II: Enforcement Provisions - Part A: Conforming Amendments - Amends the Federal laws referred to in title I to provide that requirements applicable to legislative branch employees shall be enforced in accordance with this title II.
Part B: Establishment of the Legislative Branch Employment Relations Board and the Office of the General Counsel for Employment Practices - Establishes the Legislative Branch Employment Relations Board. Directs the Board to: (1) establish and publish policies and guidelines for implementing and enforcing any law referred to in title I with respect to coverage of legislative branch employees; (2) review decisions of hearing examiners upon appeal under this title; and (3) maintain a registry of individuals to serve as such hearing examiners.
Establishes the Office of the General Counsel for Employment Practices. Directs the Speaker of the House of Representatives and the majority leader of the Senate, in consultation with the minority leaders of each House, to appoint the General Counsel. Directs the General Counsel to appoint officers and employees to carry out the functions of the Office, including employees necessary to conduct inspections and investigations under any law referred to in title I.
Part C: Complaints of Violations - Allows any individual who claims to be aggrieved by a violation of any law referred to in title I, or any employee or officer authorized to conduct inspections and investigations under such laws, to file a charge with the Office of the General Counsel for Employment Practices alleging such violation and stating a claim for relief authorized under this part. Sets forth provisions relating to: (1) filing of such charges; (2) investigations, determinations, appointments, and qualifications of investigating counsels; and (3) hearings and determinations of hearing examiners. Directs the hearing examiner, upon finding a violation, to issue and serve a cease and desist order. Allows such order also to require the defendant to take any of the following actions: (1) employment or reinstatement of the complainant under appropriate terms and conditions with specified exceptions; (2) payment of compensatory damages; (3) payment of up to two years' double backpay; (4) payment of up to two years' frontpay; and/or (5) payment of witnesses' fees and allowances and attorney's fees. Prohibits the Board from compelling any Member of Congress or Senator, or their staff members, to employ, reinstate, or modify terms and conditions of employment of any individual to any position on their staff. Requires any such ordered payments to be paid from the contingent fund of the House or the Senate, as appropriate. Directs examiners to dismiss a complaint if they determine that, upon the preponderance of the evidence, the defendant has not violated any such law. Sets forth provisions relating to subpoenas and service of process.
Provides for review and enforcement of final orders. Provides for review by the Board of hearing examiners' orders, upon appeal. Provides for judicial review of final orders, upon appeal, in the U.S. Court of Appeals for the District of Columbia, with further review by the U.S. Supreme Court upon writ of certiorari or certification. Provides for court enforcement of administrative orders under this Act.
Prohibits the intimidation of persons filing complaints or appearing as witnesses.
Requires that decisions and orders of the Board and the Office under this Act be made public.
Title III: General Provisions - Requires each congressional committee and office to cooperate with the Board, the Office, and specified congressional committees so that their functions and duties under this Act may be carried out.
Introduced in House
Introduced in House
Referred to House Committee on Education and Labor.
Referred to House Committee on House Administration.
Referred to Subcommittee on Personnel and Police.
Subcommittee Hearings Held.
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