Construction Industry Collective Bargaining Act

(Measure failed of passage in House, amended, roll call #98 (205-217))

=Title I: Protection of Economic Rights of Labor in the Construction Industry= - Provides that nothing contained in section 8(b)(4) of the National Labor Relations Act shall be construed to prohibit any strike or refusal to perform services or any inducement of any individual employed by any employer primarily engaged in the construction industry on the site to strike or refuse to perform services at the site of the construction, alteration, painting, or repair of a building, structure, or other work (other than residential buildings or structures of three stories or less, not including a basement) and directed at any of several employers who are primarily engaged in construction and are jointly engaged as joint venturers or in the relationship of contractors and subcontractors in such construction, alteration, painting, or repair at such site (except where the construction site is adjacent to or part of a nonconstruction or industrial facility and a separate entrance is reserved for employees, shipments, and deliveries, no picketing shall be permitted at such separate entrances), provided, that nothing in the above proviso shall be construed to permit a strike or refusal to perform services or any inducement of any individual employed by any person to strike or refuse to perform services in furtherance of a labor dispute, unlawful under this Act or in violation of an existing collective bargaining contract relating to wages, hours, and other working conditions, and the issues in dispute involve a labor organization which is representing the employees of an employer at the site who is not engaged primarily in the construction industry. Provides that nothing herein shall be construed to permit any act or conduct which was or may have been an unfair labor practice; provided further, that nothing in the above proviso shall be construed to prohibit any act which was not an unfair labor practice; provided further, that nothing in the above proviso shall be construed to authorize picketing, threatening to picket, or causing to be picketed, any employer where an object is the removal or exclusion from the site of any employee on the ground of sex, race, creed, color, or national origin or because of the membership or nonmembership of any employee in any labor organization, or to cause an employer to discriminate against any employee, or to discriminate against an employee with respect to whom membership in a labor organization has been denied or terminated on some ground other than failure to tender the periodic dues and the initiation fees; provided further, that nothing in the above provisos shall be construed to permit any attempt by a labor organization to require an employer to recognize or bargain with any labor organization presently prohibited; provided further, that nothing in the above provisos shall be construed to permit any picketing of a common situs by a labor organization to force or persuade any person to cease or refrain from dealing in the products or systems of any other producer.

Permits any employer at a common construction site to bring an action for injunctive relief under the Labor Management Relations Act to enjoin any strike or picketing at a common situs in breach of a non-strike clause of a collective bargaining agreement.

Exempts specified small contractors from stated provisions of this Act.

Requires a labor organization to provide prior written notice of intent to strike or to refuse to perform services of not less than ten days to all unions and the employers and the general contractor at the site and to any national or international labor organization of which the labor organization involved is an affiliate and to the Construction Industry Collective Bargaining Committee. Provides that at any time after the expiration of ten days from transmittal of such notice, the labor organization may engage in activities permitted by this Act if the national or international labor organization of which the labor organization involved is an affiliate gives notice in writing authorizing such action.

Sets forth special strike notice procedures involving construction sites at weapons and space vehicle development testing, or firing facilities.

Effectuates this title in one year for construction work valuing, in gross, $5,000,000 or less and on which construction had begun on November 15, 1975; and effectuates this title in two years for construction work exceeding such value and on which construction had begun on such date. Effectuates this title on all other construction work in 90 days. Exempts construction work contracted for and actually started as of the date of enactment from the provisions of this Act.

=Title II: Construction Industry Collective Bargaining= - Construction Industry Collective Bargaining Act - Establishes in the Department of Labor a Construction Industry Collective Bargaining Committee, which shall consist of ten members representing employers, ten members representing standard national labor organizations, three members representing the public interest (one of whom shall be chairman), the Secretary of Labor, and the Director of the Federal Mediation and Conciliation Service.

States that where there is in effect a collective bargaining agreement covering employees in the construction industry between a local construction labor organization or other subordinate body affiliated with a standard national construction labor organization, or between a standard national construction labor organization directly, and an employer or association or employers in the construction industry, neither party shall terminate or modify such agreement or the terms or conditions thereof without serving a written notice of the proposed termination or modification in the form and manner prescribed by the Committee effective 60 days prior to the expiration date thereof.

Permits the Committee, upon receipt of such notice, to take jurisdiction of the matter, with or without the suggestion of any interested party, by transmitting written notice to the signatory labor organization or organizations and the association or associations of employers directly party to the collective bargaining agreement, during a designated 90-day period.

Provides that when the Committee has taken jurisdiction, it may in order to facilitate a peaceful voluntary resolution of the matter and the avoidance of future disputes: (1) refer such matter to voluntary national craft or branch boards; or (2) meet with interested parties. Prohibits strikes or lockouts during such period.

States that in any matters as to which the Committee takes jurisdiction and refers to the standard national construction labor organization and the national construction contractor associations, no new collective bargaining agreement or revision of any existing collective bargaining agreement between a local construction labor organization or other subordinate body affiliated with the standard national construction labor organization, and an employer or employer association shall be of any force or effect unless such new agreement or revision is approved in writing by the standard national construction labor organization with which the local labor organization or other subordinate body is affiliated.

Provides that no standard national construction labor organization or national construction contractor association shall incur any criminal or civil liability pursuant to a request by the Committee for its participation in collective bargaining negotiations, or the approval or refusal to approve a collective bargaining agreement under this title.

Sets forth standards requisite to committee action under this title, including determination that such action will: (1) facilitate collective bargaining in the construction industry, improvements in the structure of such bargaining, agreements covering more appropriate geographical areas, or agreements more accurately reflecting the condition of various branches of the industry; or (2) promote stability of employment and economic growth in the construction industry. Authorizes the Committee to promote and assist in the formation of voluntary national craft or branch boards or other appropriate organizations composed of representatives of one or more standard national contractor associations for the purpose of attempting to seek resolution of local labor disputes. Empowers it to make recommendations relating to specified subjects regarding construction industry collective bargaining.

States that nothing in this title shall be construed to require an individual employee to render labor or services without the employee's consent. Makes the failure or refusal to fulfill any obligation imposed by this title on any labor organization, employer, or association of employers remediable only by a civil action for equitable relief brought by the Committee in a district court of the United States.

Terminates this title on December 31, 1980.

Provides that no later than one year following the date of enactment of this title and at one-year intervals thereafter, the Committee shall transmit to the President and to the Congress a full report of its activities under this title during the preceding year; and that not later than June 30, 1980, the Committee shall transmit to the President and to the Congress a full report on the operation of this title together with recommendations, including a recommendation as to whether this title should be extended beyond the expiration date.