2153 112th CONGRESS
H. R. 2153
To amend the National Labor Relations Act to
protect employer rights.IN THE HOUSE OF REPRESENTATIVES
Mr. KING of Iowa (for himself, Mr. DUNCAN of Tennessee,
Mr. ROSS of Florida, Mr. GARY G. MILLER of California, Mr. BURTON of Indiana,
and Ms. JENKINS) introduced the following bill; which was referred to the Committee
on Education and the Workforce
amend the National Labor Relations Act to protect employer rights.
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 `Truth in Employment Act of 2011'.
2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds the following:
(1) An atmosphere of trust and civility in labor-management relationships is essential
to a productive workplace and a healthy economy.
The tactic of using professional union organizers and agents to infiltrate a targeted
employer's workplace, a practice commonly referred to as `salting' has evolved
into an aggressive form of harassment not contemplated when the National Labor
Relations Act was enacted and threatens the balance of rights which is fundamental
to our system of collective bargaining.
union organizers are seeking employment with nonunion employers not because of
a desire to work for such employers but primarily to organize the employees of
such employers or to inflict economic harm specifically designed to put nonunion
competitors out of business, or to do both.
no employer may discriminate against employees based upon the views of employees
concerning collective bargaining, an employer should have the right to expect
job applicants to be primarily interested in utilizing the skills of the applicants
to further the goals of the business of the employer.
Purposes- The purposes of this Act are--
(1) to preserve the
balance of rights between employers, employees, and labor organizations which
is fundamental to our system of collective bargaining;
(2) to preserve the rights of workers to organize, or otherwise engage in concerted
activities protected under the National Labor Relations Act; and
(3) to alleviate pressure on employers to hire individuals who seek or gain employment
in order to disrupt the workplace of the employer or otherwise inflict economic
harm designed to put the employer out of business.
PROTECTION OF EMPLOYER RIGHTS.
Section 8(a) of the National Labor
Relations Act (29 U.S.C. 158(a)) is amended by adding after and below paragraph
(5) the following:
`Nothing in this subsection shall be construed
as requiring an employer to employ any person who seeks or has sought employment
with the employer in furtherance of other employment or agency status.'.