Show 1 Man Bi Biffi AF W Ici D D. C. C Dear Editor The US U.S. Senate will soon take up the Labor Law Reform Act of 1978 This bill passed the House of Representatives last ast year by a vote of to A tremendous amount of misinformation exists concerning why these amendments to the National Labor bor Relations Act have been and what their effect will be The enclosed information is to you concerning what the bill does and who supports it The purpose of the bill is simple to translate the promises of the National Labor Relations Act into reality When it was passed in 1935 that law was intended to protect the rights of working Americans to organize and bargain collectively with their employers without fear of reprisal three Forty-three years later however many workers are denied those rights by fe fear r long delays and inadequate remedies Legal mec mechanisms mechanisms an- an isms designed in the are inadequate safeguards against the tactics of union anti-union employers in the The democratic principles underlying the National Labor Relations Act are sound Those employers and unions who follow the spirit of the law have proven that it can and will work Correction of the most glaring procedural and remedial emed- emed ial deficiencies is all that is needed and it is all that the proposed proposed pro pro- proposed posed amendments will accomplish Like many editors throughout the country you may have received materials from organizations which seek to defeat the legislation The distortion and false claims of the opposing opposing opposing ing arguments which I have read are extremely sobering Despite claims to the contrary the bill makes no substantive substantive substantive tive changes in the rights of labor and management It simply seeks to guarantee the rights already promised to workers by making the legal process more efficient and by establishing establishing establish establish- ing effective penalties against those who violate the law Americans for Justice on the Job is a citizens citizen's organization tion which formed last year ear to work for passage of the reform legislation Our coalition now includes government officials jurists and lawyers educators religious leaders writers and editors athletes and entertainers civil rights leaders bus businessmen civic activists women's labor minority professional professional pro pro- professional and p public a advocacy organizations A copy of our Declaration of Employee Rights is enclosed Before the SEnate takes up the bill in March or early April April April- it is vital that the American public examine the actual content content content con con- tent of the legislation I urge you to read the enclosed information information information mation carefully and to judge the merit of the amendments yourself Your questions and comments are welcome Sincerely Victor Kamber Director Task Force on Labor Law Reform WHERE IT STANDS What's in Labor Law Reform Bill BUI After Sena Senate te Committee Action The Labor Law Reform Act embodies several procedural and remedial changes to the National Labor Relations Act which are designed to correct two major problems that have arisen under the current Act 1 the inadequacy of the remedies which the National Labor Relations Board may invoke invoke in in- voke yoke against violators of the law particularly when violations violations violations viola viola- occur r during the critical period before a a collective bargaining rel relationship is first established and 2 delays in the processing of both unfair labor practice cases cases' and election elec elec- election tion petitions The bill addresses these problems by 1 restructuring the opera operation tion of the Board to minimize delay in unfair labor practice and election proceedings without sacrificing the protections pro pro- protections of due process and 2 creating more effective remedies Specifically the bill provides for for Bold face indicates provisions is in either H use or Senate bill and not in other I. I EXPEDITING UNFAIR LABOR PRACTICE CASES Expanding the Board The NLRB is expanded from five members the number spec specified in the 1947 Taft-Hartley Taft amendments to the to seven members to b better handle the Boards Board's larger caseload Summary Procedure permits the party that prevailed prevailed pre pre- pre pre- before Administrative Law Judge ALJ AU inan roan uncomplicated uncomplicated uncomplicated case to move for of the decision by the Board It assures that the motion and reply will be presented to a three-member three Board Panel within 30 days In both that's a change from two-member two summary judgment In bolli both respondent respondent respondent res res- res- res has 20 days to reply Self-Enforcing Self Orders provides that when the Board issues a final order orde in an unfair labor practice case the losing party must file a petition for review in a a. a US U.S. Court of Ap Appeals ls within 30 days if it wants to appeal the decision Otherwise the order takes effect automatically Law Judges to issue Aid for the To help Administrative their decisions promptly the Senate bill provides law clerks for the ALJ and directs directs directs' the ALJ in uncomplicated cases to write short form decisions stating their findings and con con- Not in the House Bill II ADDITIONAL REMEDIES Mandatory Injunctions provides that where the Board determines determines deter deter- mines an employee is discriminatorily di discharge charge during an organizing effort or prior to a f first coll collective tive a agreement r ement the Board shall seek a preliminary injunction requiring that the employee be reinstated immediately Remedy provides that an emp employee dis discriminated against during an organizing effort o or prior to a first collective collective collective tive agreement is to receive double his or her her wage rate for forthe forthe or orthe the period from the discharge until he or she is offered rein rein- statement Senate provides 1 1112 11 times less wages earned to House provides double less wages earned Remedy for Refusal to Bargain Where there is an unlawful refusal to bargain after a union is cert certified and prior to a first collective agreement the employees are to tG be compensated compensated compensated sated for their lost bargaining rights by a payment formula that takes in account wages at the time of the violation raises since then and applicable surveys on percentage increases increases increases in in- creases achieved through collective bargaining for other workers during that time III ELECTIONS PROVISIONS Time Limits for EI Elections Original bill provided that the Board hold representation elections within 15 days of the filing of a petition if the bargaining g unit sought is plainly appropriate appropriate appropriate ap ap- ap- ap and there is a preliminary showing of majority support for the petition 21 days if the conditions just noted are satisfied but the unit is too large or the election site too distant from the nearest Board office to allow for a day 15 election election el election el- el 45 days if the unit is not plainly appropriate or there is no showing of majority support and 75 days if novel or particularly complex issues are raised House changed time limits to 25 50 50 75 days Senate Seriate provi provides es f first t deadline of not less than 21 days not more than 30 and left other limits at 45 and 75 days Both bills apply same time limits to tion and union shop elections filed by a majority of employees in the unit Hearing Both Sides The Board shall issue reasonable rules which without interfering with production will provide employees employees employees em em- an equal opportunity to hear from the union if during an organizing effort an employer campaigns on company time or property Both Senate and House bills provide employer employer employer em em- access to union halls and both also provide the union equal opportunity during and union shop campaigns Senate bill requires the union to not notify y a company in writing of its organizing efforts efforts efforts ef ef- ef- ef forts in order to qualify for equal access Rulemaking and Judicial Review Board is to make rules to facilitate the running of representation elections including rules establishing plainly appropriate bargaining units Courts of Appeal could review the rules only in a representation representation tation case proceeding and the standard for judicial review of rep representation case proceeding is essentially the same as asset asset asset set out in the Procedure Act House permits Congress to invalidate Board rules by a negative vote of both Houses within 90 legislative days iv DEBARMENT Provides for a year three-year debarment from government contracts con con- contracts tracts for willful violations of final Board orders protecting employee rights subject to the following limitations the willful violation must occur within three years of that final order and debarment is not authorized where it would be contrary to the national interest or where the violator is the governments government's sole source of supply Both bills give Secretary of Labor discretion to set a debarment period not to exceed three years Both provide that debarment should run against the business entity legally responsible for the willful viola viola- tion In both bills the order could also ru run against against- the union entity legally responsible The House bill also includes that the th debarment could run u against the particular facility or facilities where here the willful violation occurs and not all company locations OTHER PROVISIONS R Rights of f Guards Gards Provides guards may choose any union other than than the union r representing other employees in the same location Senate bill provides that plant guards but not contract or armored car guards have t that at right Cont on page 11 ti I ti l I haw pg g. g 4 S 4 j Bargaining Orders House bill wr writes tes into law the Supreme Courts Court's Gissell decision to provide that where the employer has committed unfair labor practices which make a fair election el- el election election el el- impossible a union may obtain bargaining rights by showing proof of majority support Not in Senate bill 4 Religious Objections Senate bill provides conscientious objectors objectors objectors ob ob- ob- ob may refrain from joining o or supporting a union as a condition of Employees would contribute equal sums into special fund fund for for compensating arbitrators or into a religious non charity P Passed separately in House Stranger Picketing House bill authorizes NLRB to seek an injunction to enjoin pi picketing not authorized by the union which has a contractual agreement with an employer not to strike picket or lock out Senate bill provides breach of contract injunctions against refusals to cross a picket line not maintained by bya a uni union n and against wildcat strikes in breach of contract C Controlling Misrepresentations Under the provision either side is free to make any statement providing there is no promise of be benefit or threat of harm Board has discretionary discretion discretion- ary authority to regulate misrepresentations and other objectionable objectionable objectionable ob ob- ob- ob campaign conduct in the last 48 hours of the campaign Not in House bill |