109th CONGRESS
1st Session

H. R. 4503

To amend the Migrant and Seasonal Agricultural Worker Protection Act to provide for mandatory mediation.

IN THE HOUSE OF REPRESENTATIVES

December 13, 2005

Mr. NORWOOD (for himself, Mr. DAVIS of Tennessee, and Mr. GRAVES) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Migrant and Seasonal Agricultural Worker Protection Act to provide for mandatory mediation.

    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 `Agricultural Worker Protection and Workplace Improvement Act'.

SEC. 2. MANDATORY MEDIATION.

    Section 504 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1854) is amended by redesignating subsections (b) through (f) as subsection (c) through (g), respectively, and inserting after subsection (a) the following:

    `(b)(1) No person aggrieved by a violation of this chapter may bring an action, including a complaint, under subsection (a) unless the mediator first certifies that the party--

      `(A) has made a request, not less than 90 days prior to bringing an action, to the Federal Mediation and Conciliation Service or an equivalent State program (as defined by the Secretary of Labor) to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute; and

      `(B) has attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all parties to the dispute.

    `(2) If the mediator finds that an agricultural employer, agricultural association, or farm labor contractor has corrected a violation of this Act or regulation under this Act within 14 days after the date on which such agricultural employer, agricultural association, or farm labor contractor was notified in writing of such violation, no action may be brought under this subsection with respect to such violation.

    `(3) Upon request, the Federal Mediation and Conciliation Service shall assign a mediator that is mutually agreeable to all parties, and there is hereby authorized to be appropriated annually such sums as necessary to carry out this paragraph.

    `(4) Any settlement reached through the mediation process required under this section shall preclude any right of action arising out of the same facts between the parties in any Federal or State court or administrative proceeding.'.

END