Teamwork for Employees and Management Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 295 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. 295
To permit labor management cooperative efforts that improve America's
economic competitiveness to continue to thrive, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 1995
Mrs. Kassebaum (for herself, Mr. Jeffords, Mr. Gregg, and Mr. Gorton)
introduced the following bill; which was read twice and referred to the
Committee on Labor and Human Resources
_______________________________________________________________________
A BILL
To permit labor management cooperative efforts that improve America's
economic competitiveness to continue to thrive, 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 ``Teamwork for Employees and
Management Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the escalating demands of global competition have
compelled an increasing number of American employers to make
dramatic changes in workplace and employer-employee
relationships;
(2) these changes involve an enhanced role for the employee
in workplace decisionmaking, often referred to as ``employee
involvement'', which has taken many forms, including self-
managed work teams, quality-of-worklife, quality circles, and
joint labor-management committees;
(3) employee involvement structures, which operate
successfully in both unionized and non-unionized settings, have
been established by over 80 percent of the largest employers of
the United States and exist in an estimated 30,000 workplaces;
(4) in addition to enhancing the productivity and
competitiveness of American businesses, employee involvement
structures have had a positive impact on the lives of those
employees, better enabling them to reach their potential in
their working lives;
(5) recognizing that foreign competitors have successfully
utilized employee involvement techniques, Congress has
consistently joined business, labor and academic leaders in
encouraging and recognizing successful employee involvement
structures in the workplace through such incentives as the
Malcolm Baldridge National Quality Award;
(6) employers who have instituted legitimate employee
involvement structures have not done so to interfere with the
collective bargaining rights guaranteed by the labor laws, as
was the case in the 1930s when employers established deceptive
sham ``company unions'' to avoid unionization; and
(7) employee involvement is currently threatened by
interpretations of the prohibition against employer-dominated
``company unions''.
(b) Purposes.--It is the purpose of this Act to--
(1) protect legitimate employee involvement structures
against governmental interference;
(2) preserve existing protections against deceptive,
coercive employer practices; and
(3) permit legitimate employee involvement structures where
workers may discuss issues involving terms and conditions of
employment, to continue to evolve and proliferate.
SEC. 3. AMENDMENT TO SECTION 8(a)(2) OF THE NATIONAL LABOR RELATIONS
ACT.
Section 8(a)(2) of the National Labor Relations Act (29 U.S.C.
158(a)(2)) is amended by adding at the end thereof the following:
``Provided further, That it shall not constitute or be evidence of an
unfair labor practice under this paragraph for an employer to
establish, assist, maintain or participate in any organization or
entity of any kind, in which employees participate to address matters
of mutual interest (including issues of quality, productivity and
efficiency) and which does not have, claim or seek authority to
negotiate or enter into collective bargaining agreements under this Act
with the employer or to amend existing collective bargaining agreements
between the employer and any labor organization;''.
SEC. 4. CONSTRUCTION CLAUSE LIMITING EFFECT OF ACT.
Nothing in the amendment made by section 3 shall be construed as
affecting employee rights and responsibilities under the National Labor
Relations Act other than those contained in section 8(a)(2) of such
Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1787)
Read twice and referred to the Committee on Labor and Human Resources.
Committee on Labor and Human Resources. Hearings held.
Committee on Labor and Human Resources. Hearings concluded. Hearings printed: S.Hrg. 104-386.
Committee on Labor and Human Resources. Ordered to be reported without amendment favorably.
Committee on Labor and Human Resources. Reported to Senate by Senator Kassebaum without amendment. With written report No. 104-259. Minority views filed.
Committee on Labor and Human Resources. Reported to Senate by Senator Kassebaum without amendment. With written report No. 104-259. Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 389.
An errata sheet on written report No. 104-259 was printed.
Measure laid before Senate. (consideration: CR S7469-7489)
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Considered by Senate. (consideration: CR S7614-7619)
Senate incorporated this measure in H.R. 743 as an amendment.
Senate passed companion measure H.R. 743 in lieu of this measure by Yea-Nay Vote. 53-46. Record Vote No: 191. (consideration: CR S7619)
Roll Call #191 (Senate)Returned to the Calendar. Calendar No. 389. (consideration: CR S7677)