To amend the National Labor Relations Act and the Railway Labor Act to prevent discrimination based on participation in labor disputes.
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to promise, threaten, or take other action to hire a permanent replacement for an employee who: (1) at the beginning of a labor dispute was in a bargaining unit in which a labor organization either was the certified or recognized exclusive representative or had filed, at least 30 days before such dispute began, a petition for a representational election on the basis of written authorizations by a majority of unit employees and the National Labor Relations Board (NLRB) has not completed the representation proceeding; and (2) in connection with that dispute has engaged in concerted activities for collective bargaining or other mutual aid and protection through that labor organization. Makes it an unfair labor practice for an employer to withhold or deny any other employment right or privilege to such an employee as described above who is working for or has unconditionally offered to return to work for the employer, out of preference for any other individual based on that individual's performing, having performed, or having indicated a willingness to perform bargaining unit work for the employer during the dispute.
Amends the Railway Labor Act to prohibit any carrier or their officer or agent from offering or granting: (1) permanent replacement employee status in a craft or class during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work in a craft or class during a labor dispute over an employee who exercised specified rights during such dispute and who is working for, or has unconditionally offered to return to work for, the carrier.
Second cloture motion on the committee substitute as modified not invoked in Senate by Yea-Nay Vote. 57-42. Record Vote No: 121.
Motion to reconsider laid on the table Agreed to without objection.
Rules Committee Resolution H. Res. 195 Reported to House. Rule provides for consideration of H.R. 5 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Providing for consideration of the bill in the Committee of the Whole, with one hour of debate to be divided by the chairman and ranking minority member of the Committee on Education, thirty minutes to be divided by the chairman and ranking minority member of the Committee on Energy and Commerce, and thirty minutes to be divided by the chairman and ranking minority member of the Committee on Public Works. Measure will be read by section. Specified amendments are in order. In lieu of the amendments now printed in the bill, it shall be in order to consider an amendment in the nature of a substitute consisting of the text printed in part 1 of the report accompanying this resolution as an original bill. No amendment to said ...
Rule H. Res. 195 passed House.
Considered under the provisions of rule H. Res. 195.
Rule provides for consideration of H.R. 5 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Providing for consideration of the bill in the Committee of the Whole, with one hour of debate to be divided by the chairman and ranking minority member of the Committee on Education, thirty minutes to be divided by the chairman and ranking minority member of the Committee on Energy and Commerce, and thirty minutes to be divided by the chairman and ranking minority member of the Committee on Public Works. Measure will be read by section. Specified amendments are in order. In lieu of the amendments now printed in the bill, it shall be in order to consider an amendment in the nature of a substitute consisting of the text printed in part 1 of the report accompanying this resolution as an original bill. No amendment to said ...
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 195 and Rule XXIII.
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The Speaker designated the Honorable Sander M. Levin to act as Chairman of the Committee.
GENERAL DEBATE - Pursuant to the provisions of H. Res. 195, the Committee of the Whole proceeded with two hours of general debate.
DEBATE - Pursuant to the provisions of H. Res. 195, the Committee of the Whole proceeded with one hour of debate on the Goodling amendment.
DEBATE - Pursuant to the provisions of H. Res. 195, the Committee of the Whole proceeded with one hour of debate on the Peterson of Florida amendment in the nature of a substitute.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Goodling moved to recommit to Education and Labor.
The previous question was ordered without objection.
On motion to recommit Failed by voice vote.
Passed/agreed to in House: On passage Passed by recorded vote: 247 - 182 (Roll no. 213).
Roll Call #213 (House)On passage Passed by recorded vote: 247 - 182 (Roll no. 213).
Roll Call #213 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 5.
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 165.