to provide a complete audited financial report to each member, within 90 days of the end of the union fiscal year. The employer's obligation to bargain collectively does not extend to any union not selected by secret ballot of his employees, and does not extend to methods, equipment and facilities to be used in producing agricultural products, or the products to be produced. The employer may, under H.R. 1689, request an election if he alleges that an employee's representative is no longer a representative, but elections are not to be held more than once in 12 months. The Board is mandated to schedule elections "when the number of temporary employees entitled to vote does not exceed the number of permanent employees entitled to vote." (See Coverage, above.) Federal Mediation and Conciliation Service provisions, and other LMRA provisions relating to suits against labor unions are spelled out in H.R. 1689, and an additional title of the bill prohibits all strikes and lockouts, providing instead for a five-member board of arbitration, which may settle disputes on a "final offer selection" basis. H.R. 2625, SrossoReD BY MR. GONZALEZ, Referred February 4, 1971 To HouSE COMMITTEE ON EDUCATION AND LABOR To amend the National Labor Relations Act, as amended, to amend the definition of "employee" to include certain agricultural employees, and to permit certain provisions in agreements between agricultural employers and employees. Coverage: Laborers in agriculture affecting commerce, employed by an employer who during the preceding calendar year employed more than 12 employees at any time or had labor costs of $10,000 or more. Provisions: Brings agricultural laborers under coverage of the LMRA by striking the present exclusion of these employees in section 2(3) of the National Labor Relations Act, except that the exclusion would continue for agricultural laborers "employed by an employer who at no time during the preceding calendar year employed more than 12 employees or who during the preceding calendar year had labor costs of less than $10,000.” Like H.R. 1410, this bill provides for a "prehire" arrangement in agriculture, like that now prevailing in construction. (8) H.R. 5010, SPONSORED BY MR. O'HARA, REFERRED FEBRUARY 25, 1971 TO HOUSE COMMITTEE ON EDUCATION AND LABOR Cited as the "Farm Workers' Bill of Rights". To assure Note: This bill has six titles, each related to a separate aspect of farmworker legislation. Title I covers collective bargaining, title II workmen's compensation, title III manpower services, title IV wage and hour standards, title V unemployment compensation, and title VI an advisory council on farm labor. This summary covers only title I, cited in the bill as "The Farm Workers' Collective Bargaining Act". Identical bills (both referred to House Committee on Education and Labor): H.R. 5281, Mr. Thompson of New Jersey, March 1, 1971. Coverage: Laborers in agriculture affecting commerce. Provisions: Brings agricultural laborers under coverage of LMRA, by striking the present exclusion of these employees in section 2 (3) of NLRA. Exempts agricultural labor unions from the following prohibitions and limitations listed as unfair labor practices in the NLRA: (1) the secondary boycott; (2) picketing to obtain recognition from an employer or to organize workers; and (3) the "hot cargo" agreement. Two exceptions from the "hot cargo" prohibition are already provided for in the present law: (a) agreements in the construction industry relating to contracting or subcontracting of work done at the construction site, and (b) agreements relating to jobbers, subcontractors, and the like in the apparel and clothing industry. Provides further that it shall not be an unfair labor practice by an employer or labor organization to make a prehire agreement similar to that in NLRA covering the building and construction industry. Adds as an unfair labor practice by an employer the employment during a strike or lockout of any person not domiciled in the United States, unless such individual was already employed at that workplace immediately before the strike or lockout. Exempts agricultural employment from section 14(b) of NLRA. The effect of this exemption is to permit the union shop for agricultural workers in commerce in all States including those which prohibit the requirement of union membership as a condition of employment. (9) H.R. 10445, SPONSORED BY MESSRS. SISK AND MCFALL, REFERRED AUGUST 5, 1971, TO HOUSE COMMITTEE ON EDUCATION AND LABOR To amend the National Labor Relations Act, as amended, to amend the definition of "employee" to include certain agricultural employees. Coverage: Laborers in agriculture affecting commerce. Provisions: Brings agricultural laborers under coverage of LMRA, by striking the present exclusion of these employees. Section 2(3) of NLRA. (10) H.R. 10459, SPONSORED BY MR. VEYSEY, REFERRED AUGUST 5, 1971 TO HOUSE COMMITTEE ON EDUCATION AND LABOR Cited as the "National Farm Labor Relations Act". To establish a Farm Labor Relations Board to prescribe and protect the collective-bargaining rights of agricultural employees and agricultural employers, so as to avoid disruptive labor disputes in agriculture. Coverage: Employees of an employer engaged in agriculture affecting commerce who, during any calendar quarter of the preceding calendar year, used more than 500 man-days of agricultural labor. (This coverage test is the same as that in the Fair Labor Standards Act, as amended in 1966.) Provisions: Establishes a Farm Labor Relations Board consisting of three members appointed for 6-year terms by the President, with advice and consent of the Senate. The President shall designate one member as Chairman. Authorizes the Board to determine appropriate units for collective bargaining, decide whether questions of representation exist, and conduct secret-ballot elections to determine selection of representatives for collective-bargaining purposes. Establishes a General Counsel of the Board, appointed for a 4-year term by the President with advice and consent of the Senate, with final authority to investigate charges and issue complaints concerning unfair labor practices, and to prosecute such complaints. Defines unfair labor practices by employers and labor organizations. Employer unfair labor practices include the five listed in section 8(a) of the NLRA, and also recognizing or bargaining with a union before such union has been certified by secret-ballot election as representative of the employees. Defines unfair labor practices by unions in essentially the same way as do sections 8 (b), (c), (d), and (e) of NLRA, proscribing, in addition, union picketing of an employer prior to filing for certification. Empowers the Board to investigate charges of unfair labor practices. Should it find that an unfair labor practice exists, directs the Board to issue a cease-and-desist order. The Board may petition the appropriate court of appeals for enforcement of such order. Provides for judicial review of Board orders. This section follows section 10 of NLRA. Permits a party charging an unfair labor practice to petition the appropriate Federal district court for a temporary restraining order for no more than 10 days. Provides for further injunctive relief beyond the 10 days upon application of the Board. Excludes supervisors from coverage. Permits a State to prohibit the union shop. Directs the Federal Mediation and Conciliation Service to furnish assistance in agricultural labor disputes. Directs the Farm Labor Relations Board, upon application of either party during a dispute, to prohibit strike or lockout for a period no longer than 30 days. Grants Federal district courts jurisdiction to enforce such Board orders by temporary injunction or restraining order. (11) 76-895 O 72 - 2 |