S. 983

Truth in Employment Act of 2005

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        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 983 Introduced in Senate (IS)]

109th CONGRESS
1st Session
S. 983

To amend the National Labor Relations Act to protect employer rights.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 9, 2005

Mr. DeMint introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

A BILL

To 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 2005''.

SEC. 2. FINDINGS.

Congress finds that:
(1) An atmosphere of trust and civility in labor-management
relationships is essential to a productive workplace and a
healthy economy.
(2) 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.
(3) Increasingly, 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.
(4) While 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.

SEC. 3. 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.

SEC. 4. 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.''.
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