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Congressional Record—House H1609 March 26, 1998 CONGRESSIONAL RECORD Ð HOUSE H1609 The result of the vote was announced (Mr. FAWELL asked and was given that someone must be at least 50 per- as above recorded. permission to revise and extend his re- cent motivated to work for the em- A motion to reconsider was laid on marks.) ployer to be taken seriously as a job the table. Mr. FAWELL. Mr. Chairman, I thank applicant. f the gentleman for yielding me this Title IV of the Fairness for Small time. Business and Employees Act is what we PERMISSION FOR COMMITTEE ON Mr. Chairman, H.R. 3246, the Fairness call a ``loser pays'' concept, applied APPROPRIATIONS TO HAVE for Small Business and Employees Act against the NLRB when it loses com- UNTIL MIDNIGHT, FRIDAY, is a pro-employee, pro-employer, pro- plaints it brings against the very small MARCH 27, 1998, TO FILE 2 PRIVI- labor organization bill that is also good companies or small labor organiza- LEGED REPORTS ON BILLS MAK- for the economy and good for the tions, those who have no more than 100 ING SUPPLEMENTAL APPRO- American taxpayers. employees and a net worth of no more PRIATIONS AND EMERGENCY Having introduced last session three than $1.4 million. SUPPLEMENTAL APPROPRIA- of the four bills which comprise the Title IV is a reasonable provision TIONS FOR FISCAL YEAR 1998 four titles of this legislation, I would which ensures that taxpayer dollars Mr. LIVINGSTON. Mr. Speaker, I ask like to focus my time on two titles. are spent wisely and effectively. It unanimous consent that the Commit- Title I is a targeted provision intended tells the Board that after it reviews the tee on Appropriations may have until to help employers who are being dam- facts of a case, that before it issues a midnight, Friday, March 27, 1998 to file aged and even run out of business due complaint and starts the serious ma- two privileged reports on bills, one to abusive union ``salting'' tactics. chinery against the ``little guy,'' making emergency supplemental ap- Title IV is a provision allowing small whether union or business, that it propriations for fiscal year 1998 and the employers and small labor organiza- should be very careful to make sure it other making supplemental appropria- tions who prevail against the NLRB has a reasonable case. If the NLRB tions for fiscal year 1998. unfair labor practice complaint to re- does move forward against these small The SPEAKER pro tempore (Mr. cover their attorney fees and costs. entities of modest means and loses the KINGSTON). Is there objection to the re- Title I says simply that someone case, then it simply must reimburse quest of the gentleman from Louisi- must be a ``bona fide'' employee appli- the small business or labor organiza- ana? cant before the employer has an obliga- tion, the winner's legal expenses. There was no objection. tion to hire them under the National Title IV is a winner for the small The SPEAKER pro tempore. Pursu- Labor Relations Act. Mr. Chairman, a company and the small union who do ant to clause 8 of rule XXI, all points of ``bona fide'' applicant is defined as not have the resources to mount an adequate defense against a well-funded, order are reserved on the bills. someone who is not primarily moti- well-armed National Labor Relations f vated to seek employment to further other employment or other agency sta- Board who pays, by the way, from the taxes all of the expenses of the com- FAIRNESS FOR SMALL BUSINESS tus. What this means in layman's plainant, whether it is the union or an AND EMPLOYEES ACT OF 1998 terms is that someone who is at least The SPEAKER pro tempore (Mr. employer. half-motivated to work for the em- This bill ensures that the little guy KINGSTON). Pursuant to House Resolu- ployer is not impacted by this legisla- has some sort of an incentive to fight a tion 393 and rule XXIII, the Chair de- tion at all. case and ensures that they will not be clares the House in the Committee of Now, significantly, and I want to forced into bankruptcy to defend them- the Whole House on the State of the make this clear, the test of whether a selves, as countless employers have Union for the consideration of the bill, job applicant is a ``bona fide applicant'' been. H.R. 3246 is a narrowly crafted, H.R. 3246. under Title I is a decision that will, in targeted bill attempting to correct four the first instance, be made by the gen- b 1817 specific problems at the NLRB. It is be- eral counsel of the NLRB. This legisla- nign, and it is fair, and I urge my col- IN THE COMMITTEE OF THE WHOLE tion seeks only to prevent the clear-cut leagues to be serious and look at the Accordingly, the House resolved abusive situations in which union real facts of this issue. itself into the Committee of the Whole agents or employees openly seek a job House on the State of the Union for the Mr. CLAY. Mr. Chairman, I yield as a ``salter'' with nonunion businesses. such time as he may consume to the consideration of the bill (H.R. 3246) to Mr. Chairman, if people will listen to assist small businesses and labor orga- gentleman from Ohio (Mr. SAWYER). this one point: A ``salter'' is described (Mr. SAWYER asked and was given nizations in defending themselves in the Organizing Manual of the Inter- permission to revise and extend his re- against government bureaucracy; to national Brotherhood of Electrical marks.) ensure that employees entitled to rein- Workers as an employee who is ex- Mr. SAWYER. Mr. Chairman, I rise statement get their jobs back quickly; pected, now get this, and I quote, in opposition to the bill. to protect the right of employers to To threaten or actually apply economic This country was founded on democratic have a hearing to present their case in pressure necessary to cause the employer to principles; on majority rule that protects the certain representation cases; and to raise his prices to recoup additional costs, rights of the minority. Yet for 150 years, we prevent the use of the National Labor scale back his business activities, leave the failed to have democracy in the workplace. Relations Act for the purpose of dis- union's jurisdiction, go out of business. In 1935, the passage of the National Labor rupting or inflicting economic harm on Now, that is an exact quote in the Relations Act for the first time ensured that employers, with Mr. MCCOLLUM in the manual of the International Brother- workers, unions, and employers were given a chair. hood of Electrical Worker's definition forum for resolving labor practice disputes. The Clerk read the title of the bill. of what a salter can be. How is that for Not every worker will join a union, or even The CHAIRMAN. Pursuant to the a bona fide applicant? has the desire to do so, but democracy in the rule, the bill is considered as having A final point on Title I. This legisla- workplace means that workers can make that been read the first time. tion does not overturn, does not over- choice. The bill before us today would take Under the rule, the gentleman from turn the Supreme Court's decision in away that basic worker right to choose wheth- Pennsylvania (Mr. GOODLING) and the 1995 in Town & Country. That decision er to join a union. gentleman from Missouri (Mr. CLAY) held very narrowly that the definition This legislation is being portrayed as nec- each will control 30 minutes. of an employee under the NLRA can in- essary to modernize this law. I agree that The Chair recognizes the gentleman clude paid union agents. Title I does given the fundamental changes in the labor from Pennsylvania (Mr. GOODLING). not change this, nor the definition of market since the 1930's this law may be ripe Mr. GOODLING. Mr. Chairman, I an employee, nor the definition of an for reform. But we must not undermine the yield 5 minutes to the gentleman from employee applicant under the NLRA. principles of democracy that it took so long for Illinois (Mr. FAWELL), the subcommit- They obviously can still be involved in workers to get. tee chairman who studies carefully and customary efforts to organize a non- In its 1994 report, the Dunlop Commission knows what it is he says. union shop. It simply would make clear recommended a number of changes that H1610 CONGRESSIONAL RECORD Ð HOUSE March 26, 1998 would help clarify and update federal labor My Republican colleague referred to cerning representation, a question to law. Unfortunately, the cosponsors of this bill title IV as the loser pays provision. be raised concerning whether that was, did not attempt to integrate those changes into The term is false. Nothing in this bill indeed, an appropriate unit of bargain- law. Instead, this bill would make it more dif- requires employers to reimburse tax- ing. Then the Board would look at a ficult for those who want to exercise long-es- payers when the Labor Board prevails hearing at a number of different fac- tablished and fundamental rights and respon- in a case, but taxpayers are required to tors. This is the way it has been for a sibilities in their workplace, and make it more pay if the board does not win. In other generation. difficult for the Board to be an even handed words, only one loser pays, and that Mr.
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