(Reported in the Senate)
Mrs. KASSEBAUM (for herself, Mr. JEFFORDS, Mr. GREGG, Mr. GORTON, Ms. HUTCHISON, Mr. ASHCROFT, Mr. SMITH, Mr. HELMS, Mr. THOMAS, Mr. BROWN, Mr. MCCAIN, Mr. GRASSLEY, Mr. COATS, Mr. FRIST, Mr. HATCH, Mr. MCCONNELL, Mr. NICKLES, Mr. WARNER, Mr. SHELBY, Mr. FAIRCLOTH, Mr. THURMOND, Mr. MACK, Mr. BURNS, and Mr. BOND) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources
May 1, 1996: Reported by Mrs. KASSEBAUM, without amendment
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--
(b) PURPOSES- It is the purpose of this Act to--
- the escalating demands of global competition have compelled an increasing number of American employers to make dramatic changes in workplace and employer-employee relationships;
- 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;
- 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;
- 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;
- 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 Baldrige National Quality Award;
- 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 employee involvement is currently threatened by interpretations of the prohibition against employer-dominated `company unions'.
- protect legitimate employee involvement structures against governmental interference;
- preserve existing protections against deceptive, coercive employer practices; and
- 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.