[S. 369, 83d Cong., 1st sess.]

A BILL To amend the National Labor Relations Act, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 (a) (3) of the National Labor Relations Act, as amended, is amended by inserting before the semicolon at the end thereof a colon and the following: "And provided further, That employers of employees in the printing and publishing industry, the operation of whose enterprises affect interstate commerce, may, without regard to the provisions of this Act or of the law or policy of any State or Territory, enter into an agreement or agreements with labor organizations (not established, maintained, or assisted by any action defined in section 8 (a) (2) of this Act as an unfair labor practice) to require as a condition of employment membership therein, and may enforce the terms and provisions of such agreement or agreements".

SEC. 2. Subsections (a) (5) and (b) (3) of section 8 of such Act are amended by inserting before the period at the end of section 8 (a) (5) and before the semicolon at the end of section 8 (b) (3) a colon and the following: "Provided, That nothing in this section shall authorize the Board to determine the proper scope or subject matters of collective bargaining, the manner in which it is to be conducted, or the legality or reasonableness of any proposal or counterproposal which may be advanced".

SEC. 3. Section 8 (b) (4) of such Act is amended to read as follows: "(4) to engage in, or to induce or encourage the employees of any employer to engage in (other than by peaceful picketing) a strike the principal object of which is: (A) forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless such labor organization has been certified as the representative of such employees under the provisions of section 9; (B) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his employees if another labor organization has been certified as the representative of such employees under the provisions of section 9; (C) forcing or requiring any employer to assign particular work to employees in a particular labor organization rather than to employees in another labor organization, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work: Provided, That nothing contained in this subsection (b) shall be construed to make lawful a refusal by any person to enter upon the premises of any employer, if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize under this Act;". SEC. 4. Subsections (j) and (1) of section 10 of such Act are repealed.

[S. 655, 83d Cong., 1st sess.]

A BILL To amend the Labor Management Relations Act, 1947, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Labor Relations Act, as amended is hereby further amended as follows:

(a) Section 9 (c) (3) of such Act is amended by striking out the second sentence thereof.

(b) Section 8 (d) of such Act is amended by striking out the last sentence thereof.

(c) Section 9 (c) (1) of such Act is amended by striking out so much of the next to the last sentence thereof as appears after the comma in such sentence.

(d) Section 9 (h) of such Act is amended to read as follows:

"(h) (1) No petition made by a labor organization under section 9 (c), and no charge made by a labor organization under section 10 (b) shall be entertained unless there is on file with the Board an affidavit executed contemporaneously or within the preceding twelve-month period by each officer of such labor organization and the officers of any national or international labor organization of which it is an affiliate or constituent unit, that he is not a member of the Communist Party or affiliated with such party, and that he does not believe in, and is not a member of or supports any organization that believes in or teaches the

overthrow of the United States Government by force or by any illegal or unconstitutional methods or seeking by force or violence to deny other persons their rights, under the Constitution of the United States. The provisions of section 1001 of title 18 of the United States Code shall be applicable in respect to such affidavits. For the purposes of this subsection 'officer' means members of all policy-forming and governing bodies of the labor organization as well as those designated as such by the constitution of the labor organization.

"(2) No petition made by an employer under section 9 (c) and no charge made by an employer under section 10 (b) shall be entertained unless there is on file with the Board an affidavit executed contemporaneously or within the preceding twelve-month period by such employer, its officers if it is a corporation, and each of such employer's agents having responsibility for the employer's labor relations that he is not a member of the Communist Party or affiliated with such party, and that he does not believe in, and is not a member of or supports any organization that believes in or teaches, the overthrow of the United States Government by force or by any illegal or unconstitutional methods, or seeking by force or violence to deny other persons their rights under the Constitution of the United States. The provisions of section 1001 of title 18 of the United States Code shall be applicable in respect to such affidavits."

(e) Strike out all of section 10 (1) of such Act.

(f) Section 8 (b) (4) of such Act is amended by striking out the semicolon at the end of paragraph (A) and inserting a colon and the following: "Provided, That nothing in (A) of this section shall be construed to make it an unfair labor practice for a labor organization to induce or encourage employees to engage in a concerted refusal to perform work which because of a current labor dispute between another employer and his employees is, for the duration of such dispute, no longer being performed by the employees of such other employer ;".

(g) Section 8 (c) of such Act is amended by inserting after the word "Act" the following: "nor shall it be the basis of setting aside an election conducted under section 9".

(h) (1) Section 8 (a) (3) of such Act is amended by striking out everything after "(B)" and inserting the following: "if he has reasonable grounds for believing that membership was denied or terminated for reasons other than (1) the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership, or (2) the employee's membership or affiliation with the Communist Party or his support thereof, or his membership in, affiliation with, or support of any organization that believes in, or teaches, the overthrow of the United States Government by force or any illegal or unconstitutional methods ;".

(2) Section 8 (b) (2) of such Act is amended by inserting the figure "(1)" after the word "than", striking out the semicolon at the end of such subsection, and inserting in lieu thereof a comma and the following: "or (2) his membership or affiliation with the Communist Party, or his support thereof, or his membership in, affiliation with, or support of any organization that believes in, or teaches, the overthrow of the United States Government by force or any illegal or unconstitutional methods;".

(i) Section 9 (f) of such Act is amended by striking out all of the subsection numbered (6).

(j) The amendments made by this Act shall take effect sixty days after the date of its enactment.

[S. 656, 83d Cong., 1st sess.]

A BILL To amend the National Labor Relations Act, as amended, with reference to the building and construction industry, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Labor Relations Act, as amended, is hereby further amended as follows:

(a) At the end of section 9 (a) insert the following: “Provided further, That nothing in this section or any other section of this Act or of any other statute or law of the United States shall preclude an employer primarily engaged in the building and construction industry from making an agreement covering employees engaged (or who, upon their employment, will be engaged) in the construction, alteration, or repair of buildings, or other structures and improvements, on which building and construction trade workmen are employed, with a labor organization (not established, maintained, or assisted by any action

defined in section 8 (a) of this Act as an unfair labor practice and which at the time the agreement was executed or within the preceding twelve months has received from the Board a notice that it has complied with all requirements imposed by section 9 (f)) (g) (h)) to require, as a condition of employment, membership in such organization on or after the seventh day following the beginning of such employment, and no such agreement shall be considered an unfair labor practice under section 8 of this Act, solely because no election has been held under the provisions of section 9 of this Act prior to the making of such agreement: Provided further, That nothing herein shall set aside the final proviso to section 8 (a) (3) of this Act.”

(b)) Before the semicolon at the end of section 9 (c) (1) (A) (ii) insert a comma and the following: “or (iii) who are covered by an agreement between their employer and a labor organization made pursuant to the third proviso to section 9 (a) wish to be represented by a labor organization other than the labor organization which is currently representing them under such agreement":

(c) Before the period at the end of section 9 (c) (1) insert a colon and the following: "Provided, That in a proceeding arising under section 9 (c) (1) (A) (iii), the Director of the Regional Office in which such a petition is filed shall investigate such petition and if he has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice, which hearing may be conducted by an officer or employee of the Regional office who may make recommendations in writing with respect thereto, and the report of the hearing officer shall be served upon the parties to the proceeding. If, in any such proceeding, the Regional Director finds upon the record of such hearing that such a question of representation exists, he shall, notwithstanding the existence of any agreement, direct an election by secret ballot and shall certify the results thereof: Provided further, That petitions under 9 (c) (1) (A) (iii) shall have the highest priority over all other cases, except cases of like character, notwithstanding the provisions of section 10 (1) of this Act, and the procedure prescribed herein, up to and including the issuance of a certificate, shall be completed within ten calendar days after the filing of the petition except in rare cases which require additional time".

[S. 657, 83d Cong., 1st sess.]

A BILL To amend the National Labor Relations Act, as amended, to provide for improved procedures of the National Labor Relations Board and to expedite its disposition of

cases

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Labor Relations Act, as amended, be hereby further amended as follows:

(a) Subsection (b) of section 3 of said Act is amended by adding the following sentence at the end of the said subsection: "The Board is also authorized to delegate to one or more members the power to hear oral argument in any case which is properly before the Board. The final decision in such case shall be made, however, either by the full Board or by a group of three or more members as provided in the foregoing provisions of this subsection."

(b) Section 6 of said Act is amended to read as follows:

"(a) The Board shall be authorized from time to time to make, amend, and rescind in the manner prescribed by the Administrative Procedure Act, such rules and regulations as may be necessary to carry out the provisions of this Act.

"(b) There is hereby created an Advisory Committee on Procedure and Practice which shall be composed of twelve members appointed by the Supreme Court of the United States, six of whom shall be selected from among persons representing management in proceedings before the Board and six of whom shall be selected from among persons representing labor in proceedings before the Board. Each member shall hold office for a term of three years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term. Members of the Advisory Committee, when serving on the business of the Advisory Committee, shall be entitled to receive an allowance for actual and necessary travel and subsistence expense while so serving away from their place of business or residence but shall not receive any other compensation.

"(c) It shall be the duty of the Advisory Committee on Procedure and Practice to advise and consult with the Board in the making, amending, and rescinding of rules of procedure and practice, including rules establishing a pretrial procedure, to the end that the work of the Board shall be effectively and expeditiously transacted.

"(d) It shall be the duty of the Chairman of the Board to call at such time and place as he shall designate, but at least twice in each year, a meeting of the Board and Advisory Committee on Procedure and Practice for the purpose of considering the state of the business of the Board and advising ways and means of improving the administration of proceedings before the Board, including the making, amending, and rescinding of rules and regulations relating to procedure and practice."

(c) Subsection (b) of section 10 of said Act is amended to read as follows: "(b) Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the Board, or any agent or agency designated by the Board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect: Provided, That no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing such charge by reason of service in the Armed Forces, in which event the six-month period shall be computed from the day of his discharge. The Board or any agent or agency designated by the Board for such purposes shall issue and cause to be served upon the person so complained of a notice of hearing before the Board or a member thereof or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said notice. Any such complaint may be amended by the member, agent, or agency conducting the hearing or the Board in its discretion at any time prior to the issuance of an order based thereon. The person so complained of shall have the right to file appropriate motions or an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent, or agency conducting the hearing or the Board, any other person may be allowed to intervene in the said proceeding and to present testimony. Any such proceeding shall, so far as practicable, be conducted in accordance with the rules of evidence applicable in the district courts of the United States under the rules of civil procedure for the district courts of the United States, adopted by the Supreme Court of the United States pursuant to the Act of June 19, 1934 (U. S. C., title 28, secs. 723-B, 723-C)."

(d) Amend subsection (c) of section 10 of said Act by adding at the end of said subsection the following: "The Board is also empowered to make final decisions on the merits, to the same extent as it is empowered to make such decisions on the record of a hearing of testimony, by granting a motion in the nature of a motion to dismiss the complaint or by denying such motion where the person complained of has specifically waived his rights to answer and hearing."

[S. 658, 83d Cong., 1st sess.]

A BILL To amend the Labor Management Relations Act, 1947, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 303 (a) of title III of the Labor Management Relations Act, 1947, is amended by striking out the semicolon at the end of paragraph (1) and inserting a colon and the following: "Provided, That nothing in (1) of this subsection shall be construed to make it an unfair labor practice for a labor organization to induce or encourage employees to engage in a concerted refusal to perform work which because of a current labor dispute between another employer and his employees is, for the duration of such dispute, no longer being performed by the employees of such other employer;". SEC. 2. (a) Section 302 (c) of such Act is amended by striking out everything between "(4)" and "(5)" therein and inserting in lieu thereof the following: "with respect to money deducted from the wages of employees in payment of periodic dues or initiation fees (but not including fines, assessments, penalties, or other payments) in a labor organization: Provided, That the employer has received from each employee on whose account such deductions are made, a written assignment which shall be revocable in writing after the expiration of

one year or upon the termination date of the applicable collective agreement, whichever occurs sooner; or".

(b) Section 302 (c) of such Act is further amended my striking out everything after the figure “(5)" therein and inserting in lieu thereof the following: "with respect to money or other thing of value paid to a trust fund established by such representative, if the Secretary of Labor shall have made a thorough examination of all the provisions of the agreement establishing such fund (including the holding of a hearing if requested by any person demonstrating an interest) and certified that such fund meets the following requirements: That (A) such payments are held in trust for the purpose of paying, either from principal or income or both, benefits with respect to such employees on account of death, injury, illness, unemployment, retirement, medical, surgical, or hospital care (which may include medical, surgical, or hospital care for families and dependents of such employees), or for any one or more of such benefits, or for providing any one or more of such benefits through contracts with insurers; (B) the detailed basis on which such payments are to be made is specified in a written agreement with the employer; (C) unless waived by the employer, employers and employees are equally represented in the administration of such fund together with such impartial umpire to settle a dispute in the administration of the fund as may be agreed upon, or in the event no such umpire has been agreed upon within a reasonable time after a dispute has arisen the district court of the United States for the district in which the trust fund has its principal office is empowered to appoint such impartial umpire upon petition of any trustee; (D) there shall be an annual audit of the trust fund, a statement of the results of which shall be available for inspection by interested persons at the Department of Labor and at the principal office of the trust fund and at such other places as may be designated by agreement between the employers and the representatives; (E) such employer payments as are intended to be used for the purpose of providing pensions or annuities through benefit payments made to such persons directly from the trust estate are made to a separate trust which provides that the funds held therein cannot be used for any purpose other than paying such pensions or annuities; and (F) the trust fund be for the sole and exclusive purpose of providing benefits for employees of such employer (or for such employees jointly with employees of other employers making similar payments)."

SEC. 3. Section 302 (f) of such Act is amended by striking out the date "July 1, 1948" and inserting in lieu thereof "July 1, 1954."

[S. 659, 83d Cong., 1st sess.]

A BILL To amend the Labor Management Relations Act, 1947, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Labor Relations Act, as amended, is hereby further amended as follows:

(a) Section 3 (a) of such Act is amended to read as follows:

"SEC. 3. (a) The National Labor Relations Board (hereinafter called the 'Board') is hereby continued as an agency of the United States, except that the Board shall consist of seven instead of five members, appointed by the President by and with the advice and consent of the Senate. The terms of office of the members of the Board in office on the date of enactment of this Act shall expire as provided by law at the time of their appointment. Of the two additional members so provided for, one shall be appointed for a term expiring August 26, 1958, and the other for a term expiring August 26, 1959. Their successors, and the successors of the other members shall be appointed for terms of seven years each, excepting that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. Not more than four members shall be members of the same political party. The President shall designate one member to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.'

(b) Section 3 (b) of such Act is amended by striking out the word "three" in the second sentence of such section and inserting the word "four".

(c) Strike out all of section 3 (d) of such Act and insert in lieu thereof the following new subsections:

"(d) Each member of the Board shall receive a salary of $15,000 a year, shall be eligible for reappointment, and shall not engage in any other business,