1768 EXTENSIONS OF REMARKS February 24, 1998 EXTENSIONS OF REMARKS FAIRNESS FOR SMALL BUSINESS ly for purposes of imposing undue legal costs plete examination of the comprehensive ap­ AND EMPLOYEES ACT OF 1998 on the employer they are seeking to organize. proach to human resource policies and proce­ Thus, under current law an employer must dures pursued by many employers today that HON. WILLIAM F. GOODLING choose between two unpleasant options; ei­ may influence the bargaining unit determina­ OF PENNSYLVANIA ther hire a union "salt" who is there to disrupt tion . IN THE HOUSE OF REPRESENTAT IVES the workplace and ·file frivolous charges result­ Title Ill of the FSBEA is formerly H.R. 1598, ing in costly litigation, or deny the "salt" em­ the Justice on Time Act, which I introduced on Tuesday, February 24, 1998 ployment and risk being sued for discrimina­ May 14, 1997. Title Ill ensures that the NLRB Mr. GOODLING. Mr. Speaker, I rise today tion under the NLRA. resolves in a timely manner all unfair labor to introduce a bill which will help small busi­ The committee has held numerous hearings practice complaints alleging that an employee nesses, small labor organizations, and em­ on the most abusive aspects of union "salt­ has been unlawfully discharged to encourage ployees, in their dealings with the large, ag­ ing." Rep. FAWELL introduced H.R. 758, the or discourage membership in a labor organiza­ gressive, and burdensome bureaucracy known Truth in Employment Act, on February 13, tion. The legislation amends Section 10(m) of as the National Labor Relations Board. 1997. He has refined that Act's language, and the NLRA to make clear that the Board must The Fairness for Small Business and Em­ it is now Title I of the FSBEA. dispose of the case not later than 365 days ployees Act of 1998 (FSBEA), is a bill with Title I would amend Section 8(a) of the after the filing of the unfair labor practice four titles-each title a bill previously intro­ NLRA to make clear than an employer is not charge. The legislation provides an exception duced last session-which will level the play­ required to hire any person who is not a "bona for cases involving "extreme complexity." ing field for small entities and greatly assist fide" employee applicant, in that "such person Title Ill recognizes that the lives of employ­ employees waiting for justice from the Board. seeks or has sought employment with the em­ ees and their families, wondering whether and The Act will assist small businesses and labor ployer with the primary purpose of furthering when they will get their jobs back, are hanging organizations in defending themselves against another employment or agency status." It is in the balance during the long delays associ­ government bureaucracy; ensure that employ­ common sense that an employer should not ated with the NLRB's processing of unfair ees entitled to reinstatement get their jobs have to hire someone whose true intention is labor practice charges. It also recognizes that back quickly; protect the right of employers to not to work for the employer. Title I sets up a the discharge of an employee who engages in have a hearing to present their case in certain test that would require a determination of the union activity has a particularly chilling effect representation cases; and, prevent the use of applicant's "primary purpose." If the appli­ on the willingness of fellow employees to sup­ the National Labor Relations Act for the pur­ cant's motivation is at least 50 percent to work port a labor organization or to participate in pose of disrupting or inflicting economic harm for the employer, they are a "bona fide" appli­ the types of concerted activity protected by the on employers. cant under Title I and enjoy full rights and pro­ NLRA. Let me say how appreciative I am of my tections of the NLRA. This legislation will help The median time for the NLRB to issue a friend , Rep. HARRIS FAWELL, of Illinois, chair­ restore the balance of rights that "salting" up­ decision on all unfair labor practice cases in man of the Subcommittee on Employer~ Em­ sets, and that is fundamental to our system of fiscal year 1996 was 591 days and has gen­ ployee Relations. Rep . FAWELL is the author labor-management relations. erally been well more than 500 days since and sponsor of three of the bills incorporated Title II of the FSBEA is formerly H.R. 1595, 1982. This length of time is a disservice to the into this legislation. He has for years done the the Fair Hearing Act, introduced by Rep. Fa­ hard-working men and women who seek relief heavy lifting on labor bills, and brings an un­ well on May 14, 1997. Title II would require from the Board, and Title Ill sends a strong matched expertise and enthusiasm to these the NLRB to conduct hearings to determine message that the NLRA can provide effective issues. Today I introduce the Fairness for when it is appropriate to certify a single loca­ and swift justice. Small Business and Employees Act of 1998 tion bargaining unit in cases where a labor or­ Title IV is formerly H.R. 2449, the Fair Ac­ with great gratitude to Rep. FAWELL, and an­ ganization attempts to organize employees at cess to Indemnity and Reimbursement (FAIR) ticipation that he will bring his wisdom to bear one or more facilities of a multi-facility em­ Act, which Rep. FAWELL introduced on Sep­ as this bill moves through committee and to ployer. tember 10, 1997. Title IV amends the NLRA to the floor of the House. This title is a response to the NLRB's at­ provide that a small employer which prevails Title I of the FSBEA addresses .the prob­ tempt to impose a "one-size-fits-all" rule for in an action against the NLRB will automati­ lems employers face when victimized by "salt­ determining the appropriateness of single lo­ cally be allowed to recoup the attorney's fees ing" activity-which includes disruption to the cation bargaining units. The Board's proposed and expenses it spent defending against the workplace, a decline in productivity and qual­ rule ignores many factors relevant to a bar­ unworthy action. ity, and economic hardship on the company gaining unit's appropriateness, and is a rigid Title IV would apply to an employer (includ­ and employees who are legitimately working test that ignores realities of the workplace, and ing a labor organization) which has not more for the good of the company. undermines the ability of employers to develop than 100 employees and a net worth of not "Salting" involves sending paid or unpaid flexible solutions to the needs and demands of more than $1 .4 million. These limits represent professional union agents and union members their workforces. Congress has attached riders a mere 20 percent of the current 500 em­ into non-union workplaces under the guise of to appropriations bills the past two years to ployee/$7 million net worth eligibility limits for seeking employment. These agents often state prevent the Board from spending any money employers under the Equal Access to Justice openly that their purpose is to advance union to impose such a rule , but Title II is necessary Act (EAJA), a bill passed with strong bipar­ objectives by organizing the employer's work­ to ensure that a specific analysis is conducted tisan support in 1980 to provide small busi­ force. If an employer refuses to hire the union of whether or not a single location unit is ap­ nesses with an effective means to fight agents or members, the union files unfair labor propriate, given the facts and circumstances of against abusive and unwarranted intrusions by practice charges. a particular case. The NLRB wisely decided federal agencies. The EAJA-the vehicle by Alternatively, if the "salts" are hired by the last week to withdraw its proposed rule, but which employers prevailing against the Board employer, they often attempt to persuade Title II will permanently protect the employer's must currently try to recover attorney's fees bona fide employees of the company to sign right to a fair hearing, and give employers as­ and costs- has proven ineffective and is not cards supporting the union-indeed, that is surance that the Board will not resurrect its often utilized against the NLRB. their sole purpose in accepting employment. proposed rule. A government agency the size of the The union agents also often look for other rea­ A hearing process-as the Board has con­ NLRB-well-staffed, with numerous lawyers­ sons to file unfair labor practice charges, sole- ducted for decades- will allow a more com- should more carefully evaluate the merits of a e This "bullet" symbol iden tifies srarem enrs or insertions w hich are nor spoken by a Member of the Senate on the fl oor. Matter set in this typeface indicates words inserted or appended, rather than spok en, by a Member of the H ouse on the fl oor. February 24, 1998 EXTENSIONS OF REMARKS 1769 case before bringing a complaint against a 1998 CONGRESSIONAL OBSERVANCE ored property owners paid taxes on between small business, which is ill-equipped to defend OF BLACK HISTORY MONTH two and three million pieces of property. itself against an opponent with such superior In 1889, the Missouri Legislature enacted a SPEECH OF expertise and resources. Furthermore, small law mandating separate schools "for the chil­ employers have been victimized by relatively HON. WIWAM (Biil) CLAY dren of African descent." A year later, the Mis­ souri Supreme Court upheld the statute and in frivolous lawsuits by the Board, but have been OF MISSOURI IN THE HOUSE OF REPRESENTATIVES its unanimous decision declared that .