H.R.5 - Cesar Chavez Workplace Fairness Act103rd Congress (1993-1994)
Summary: H.R.5 — 103rd Congress (1993-1994)
Passed House amended (06/15/1993)
Cesar Chavez Workplace Fairness Act - Amends the National Labor Relations Act and the Railway Labor Act to prohibit permanent replacement of strikers.
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to promise, threaten, or take other action to hire a permanent replacement for an employee who: (1) at the beginning of a labor dispute was in a bargaining unit in which a labor organization either was the certified or recognized exclusive representative or had filed, at least 30 days before such dispute began, a petition for a representational election on the basis of written authorizations by a majority of unit employees and the National Labor Relations Board (NLRB) has not completed the representation proceeding; and (2) in connection with that dispute has engaged in concerted activities for collective bargaining or other mutual aid and protection through that labor organization. Makes it an unfair labor practice for an employer to withhold or deny any other employment right or privilege to such an employee as described above who is working for or has unconditionally offered to return to work for the employer, out of preference for any other individual based on that individual's performing, having performed, or having indicated a willingness to perform bargaining unit work for the employer during the dispute.
Amends the Railway Labor Act to prohibit any carrier or its officer or agent from offering or granting: (1) permanent replacement employee status in a craft or class during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work in a craft or class during a labor dispute over an employee who exercised specified rights during such dispute and who is working for, or has unconditionally offered to return to work for, the carrier.