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H.R.579 — 93rd Congress (1973-1974) [93rd]
Sponsor:
Rep. Green, William J. [D-PA-3] (Introduced 01/03/1973)

Summary:
Summary: H.R.579 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

National Public Employee Relations Act - Declares it to be the policy of the United States to encourage collective bargaining.

Provides that "employer" includes State and local subdivisions as well as public and quasi-public corporations, housing authorities and other authorities and public agencies.

Provides that "employee" includes any employee of an employer and excludes only "officials appointed or elected pursuant to a statute to a policy-making position."

Provides that "exclusive representative" includes only those unions which are recognized prior to the enactment of the Act or which later become certified by the National Public Employee Relations Commission.

Provides that "supervisor" includes only those individuals who can make or effectively recommend personnel changes or who may responsibly direct other employees.

Authorizes employees to form, join or assist a labor organization and to bargain collectively, free from interference by the employer. Authorizes employees to refrain from all union activities except to the extent that a collective bargaining agreement contains a union security provision.

Requires an employer to deduct from an employees pay, dues to any organization designated by written authorization by such employee. Provides that where there is an exclusive representative, dues must be checked off to that organization only. Provides that the authorization may be revoked annually.

Bars interference with employee rights, prohibits employer assistance to a union, and requires an employer to bargain collectively with an exclusive representative. Asserts that any violation of the Act is an unfair labor practice.

Prohibits unions from coercing employees to join the union and requires such unions to bargain collectively if it is the exclusive representative.

Requires the parties to bargain on all matters affecting terms and conditions of employment, including those which are covered by regulations or other laws, and to submit to the appropriate legislative body any agreement reached on these matters.

Provides that a union petititon for an election must be supported by 30 percent of the employees. Permits other unions to participate in an election only if they can show authorization from 10 percent of the employees in the bargaining unit.

Authorizes the Commission to determine the unit in which the election and collective bargaining will take place. Provides that supervisors must be placed in separate units. Requires that only one election may be conducted in a 12 month period.

Provides that any individual, employer, or union may file a complaint and is then entitled to a hearing. Permits the General Counsel of the Commission to also file a complaint and/or participate in the hearing on the complaint filed by an individual. Provides that a decision by an examiner or the regional director of the Commission is final, unless the Commission determines there are sufficient reasons to review the case. Provides that if no appeal from a Commission decision is filed within 60 days, that decision is final.

Asserts that the Commission's decision in representation cases are not subject to review by a court.

Authorizes the parties to make an agreement providing for arbitration of disputes over the meaning of the agreement, and to enforce the agreement in Federal District Court.

Establishes a commission of five members appointed by the President, to be known as the National Public Employee Relations Commission. Provides for a General Counsel of the Commission to investigate alleged violations of this Act.

Provides that the party desiring to modify or change the agreement must notify the Federal Mediation and Conciliation Service within 60 days prior to the end of the agreement. Requires the Service to assign a mediator upon the request of either party and on its own motion.

Provides that 30 days following certification of a new union either party may request fact-finding, and the Service is authorized to initiate fact-finding on its own. Asserts that with respect to expiring agreements, either party may request fact-finding, or the Service may initiate fact-finding. Provides that the fact-finder's report must include recommendations for resolution of the dispute. Asserts that the report must be kept confidential for five days, but may be made public by the fact-finder after that and must be made public 15 days after the report is made.

Allows a 60 day period following the expiration of the agreement for the entire fact-finding process (three days for the Mediation Service to submit the list of fact-finders; five days for the parties to strike names; 20 days for the fact-finder to make his report; 15 days for the report to be made public; and the remaining days to continue to resolve the dispute). Provides for the maintenance of a status quo for this 60 day period, employers may not change conditions of employment and employees may not strike. Permits only the employer and the exclusive representative to participate in the fact-finding proceedings.

Provides that the fact-finder is not barred from mediating or resolving the dispute.

Allows the parties to agree to use the procedures of some other governmental or other agency. Provides that if both parties agree to submit disputed issues to final and binding arbitration, the arbitration shall supersede all of the fact-finding procedures.

Provides that if a State or local law is substantially equivalent to this Act, the Commission may delegate its responsibility to the State or local agency.


Major Actions:
Summary: H.R.579 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

National Public Employee Relations Act - Declares it to be the policy of the United States to encourage collective bargaining.

Provides that "employer" includes State and local subdivisions as well as public and quasi-public corporations, housing authorities and other authorities and public agencies.

Provides that "employee" includes any employee of an employer and excludes only "officials appointed or elected pursuant to a statute to a policy-making position."

Provides that "exclusive representative" includes only those unions which are recognized prior to the enactment of the Act or which later become certified by the National Public Employee Relations Commission.

Provides that "supervisor" includes only those individuals who can make or effectively recommend personnel changes or who may responsibly direct other employees.

Authorizes employees to form, join or assist a labor organization and to bargain collectively, free from interference by the employer. Authorizes employees to refrain from all union activities except to the extent that a collective bargaining agreement contains a union security provision.

Requires an employer to deduct from an employees pay, dues to any organization designated by written authorization by such employee. Provides that where there is an exclusive representative, dues must be checked off to that organization only. Provides that the authorization may be revoked annually.

Bars interference with employee rights, prohibits employer assistance to a union, and requires an employer to bargain collectively with an exclusive representative. Asserts that any violation of the Act is an unfair labor practice.

Prohibits unions from coercing employees to join the union and requires such unions to bargain collectively if it is the exclusive representative.

Requires the parties to bargain on all matters affecting terms and conditions of employment, including those which are covered by regulations or other laws, and to submit to the appropriate legislative body any agreement reached on these matters.

Provides that a union petititon for an election must be supported by 30 percent of the employees. Permits other unions to participate in an election only if they can show authorization from 10 percent of the employees in the bargaining unit.

Authorizes the Commission to determine the unit in which the election and collective bargaining will take place. Provides that supervisors must be placed in separate units. Requires that only one election may be conducted in a 12 month period.

Provides that any individual, employer, or union may file a complaint and is then entitled to a hearing. Permits the General Counsel of the Commission to also file a complaint and/or participate in the hearing on the complaint filed by an individual. Provides that a decision by an examiner or the regional director of the Commission is final, unless the Commission determines there are sufficient reasons to review the case. Provides that if no appeal from a Commission decision is filed within 60 days, that decision is final.

Asserts that the Commission's decision in representation cases are not subject to review by a court.

Authorizes the parties to make an agreement providing for arbitration of disputes over the meaning of the agreement, and to enforce the agreement in Federal District Court.

Establishes a commission of five members appointed by the President, to be known as the National Public Employee Relations Commission. Provides for a General Counsel of the Commission to investigate alleged violations of this Act.

Provides that the party desiring to modify or change the agreement must notify the Federal Mediation and Conciliation Service within 60 days prior to the end of the agreement. Requires the Service to assign a mediator upon the request of either party and on its own motion.

Provides that 30 days following certification of a new union either party may request fact-finding, and the Service is authorized to initiate fact-finding on its own. Asserts that with respect to expiring agreements, either party may request fact-finding, or the Service may initiate fact-finding. Provides that the fact-finder's report must include recommendations for resolution of the dispute. Asserts that the report must be kept confidential for five days, but may be made public by the fact-finder after that and must be made public 15 days after the report is made.

Allows a 60 day period following the expiration of the agreement for the entire fact-finding process (three days for the Mediation Service to submit the list of fact-finders; five days for the parties to strike names; 20 days for the fact-finder to make his report; 15 days for the report to be made public; and the remaining days to continue to resolve the dispute). Provides for the maintenance of a status quo for this 60 day period, employers may not change conditions of employment and employees may not strike. Permits only the employer and the exclusive representative to participate in the fact-finding proceedings.

Provides that the fact-finder is not barred from mediating or resolving the dispute.

Allows the parties to agree to use the procedures of some other governmental or other agency. Provides that if both parties agree to submit disputed issues to final and binding arbitration, the arbitration shall supersede all of the fact-finding procedures.

Provides that if a State or local law is substantially equivalent to this Act, the Commission may delegate its responsibility to the State or local agency.


Amendments:
Summary: H.R.579 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

National Public Employee Relations Act - Declares it to be the policy of the United States to encourage collective bargaining.

Provides that "employer" includes State and local subdivisions as well as public and quasi-public corporations, housing authorities and other authorities and public agencies.

Provides that "employee" includes any employee of an employer and excludes only "officials appointed or elected pursuant to a statute to a policy-making position."

Provides that "exclusive representative" includes only those unions which are recognized prior to the enactment of the Act or which later become certified by the National Public Employee Relations Commission.

Provides that "supervisor" includes only those individuals who can make or effectively recommend personnel changes or who may responsibly direct other employees.

Authorizes employees to form, join or assist a labor organization and to bargain collectively, free from interference by the employer. Authorizes employees to refrain from all union activities except to the extent that a collective bargaining agreement contains a union security provision.

Requires an employer to deduct from an employees pay, dues to any organization designated by written authorization by such employee. Provides that where there is an exclusive representative, dues must be checked off to that organization only. Provides that the authorization may be revoked annually.

Bars interference with employee rights, prohibits employer assistance to a union, and requires an employer to bargain collectively with an exclusive representative. Asserts that any violation of the Act is an unfair labor practice.

Prohibits unions from coercing employees to join the union and requires such unions to bargain collectively if it is the exclusive representative.

Requires the parties to bargain on all matters affecting terms and conditions of employment, including those which are covered by regulations or other laws, and to submit to the appropriate legislative body any agreement reached on these matters.

Provides that a union petititon for an election must be supported by 30 percent of the employees. Permits other unions to participate in an election only if they can show authorization from 10 percent of the employees in the bargaining unit.

Authorizes the Commission to determine the unit in which the election and collective bargaining will take place. Provides that supervisors must be placed in separate units. Requires that only one election may be conducted in a 12 month period.

Provides that any individual, employer, or union may file a complaint and is then entitled to a hearing. Permits the General Counsel of the Commission to also file a complaint and/or participate in the hearing on the complaint filed by an individual. Provides that a decision by an examiner or the regional director of the Commission is final, unless the Commission determines there are sufficient reasons to review the case. Provides that if no appeal from a Commission decision is filed within 60 days, that decision is final.

Asserts that the Commission's decision in representation cases are not subject to review by a court.

Authorizes the parties to make an agreement providing for arbitration of disputes over the meaning of the agreement, and to enforce the agreement in Federal District Court.

Establishes a commission of five members appointed by the President, to be known as the National Public Employee Relations Commission. Provides for a General Counsel of the Commission to investigate alleged violations of this Act.

Provides that the party desiring to modify or change the agreement must notify the Federal Mediation and Conciliation Service within 60 days prior to the end of the agreement. Requires the Service to assign a mediator upon the request of either party and on its own motion.

Provides that 30 days following certification of a new union either party may request fact-finding, and the Service is authorized to initiate fact-finding on its own. Asserts that with respect to expiring agreements, either party may request fact-finding, or the Service may initiate fact-finding. Provides that the fact-finder's report must include recommendations for resolution of the dispute. Asserts that the report must be kept confidential for five days, but may be made public by the fact-finder after that and must be made public 15 days after the report is made.

Allows a 60 day period following the expiration of the agreement for the entire fact-finding process (three days for the Mediation Service to submit the list of fact-finders; five days for the parties to strike names; 20 days for the fact-finder to make his report; 15 days for the report to be made public; and the remaining days to continue to resolve the dispute). Provides for the maintenance of a status quo for this 60 day period, employers may not change conditions of employment and employees may not strike. Permits only the employer and the exclusive representative to participate in the fact-finding proceedings.

Provides that the fact-finder is not barred from mediating or resolving the dispute.

Allows the parties to agree to use the procedures of some other governmental or other agency. Provides that if both parties agree to submit disputed issues to final and binding arbitration, the arbitration shall supersede all of the fact-finding procedures.

Provides that if a State or local law is substantially equivalent to this Act, the Commission may delegate its responsibility to the State or local agency.


Cosponsors:
Summary: H.R.579 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

National Public Employee Relations Act - Declares it to be the policy of the United States to encourage collective bargaining.

Provides that "employer" includes State and local subdivisions as well as public and quasi-public corporations, housing authorities and other authorities and public agencies.

Provides that "employee" includes any employee of an employer and excludes only "officials appointed or elected pursuant to a statute to a policy-making position."

Provides that "exclusive representative" includes only those unions which are recognized prior to the enactment of the Act or which later become certified by the National Public Employee Relations Commission.

Provides that "supervisor" includes only those individuals who can make or effectively recommend personnel changes or who may responsibly direct other employees.

Authorizes employees to form, join or assist a labor organization and to bargain collectively, free from interference by the employer. Authorizes employees to refrain from all union activities except to the extent that a collective bargaining agreement contains a union security provision.

Requires an employer to deduct from an employees pay, dues to any organization designated by written authorization by such employee. Provides that where there is an exclusive representative, dues must be checked off to that organization only. Provides that the authorization may be revoked annually.

Bars interference with employee rights, prohibits employer assistance to a union, and requires an employer to bargain collectively with an exclusive representative. Asserts that any violation of the Act is an unfair labor practice.

Prohibits unions from coercing employees to join the union and requires such unions to bargain collectively if it is the exclusive representative.

Requires the parties to bargain on all matters affecting terms and conditions of employment, including those which are covered by regulations or other laws, and to submit to the appropriate legislative body any agreement reached on these matters.

Provides that a union petititon for an election must be supported by 30 percent of the employees. Permits other unions to participate in an election only if they can show authorization from 10 percent of the employees in the bargaining unit.

Authorizes the Commission to determine the unit in which the election and collective bargaining will take place. Provides that supervisors must be placed in separate units. Requires that only one election may be conducted in a 12 month period.

Provides that any individual, employer, or union may file a complaint and is then entitled to a hearing. Permits the General Counsel of the Commission to also file a complaint and/or participate in the hearing on the complaint filed by an individual. Provides that a decision by an examiner or the regional director of the Commission is final, unless the Commission determines there are sufficient reasons to review the case. Provides that if no appeal from a Commission decision is filed within 60 days, that decision is final.

Asserts that the Commission's decision in representation cases are not subject to review by a court.

Authorizes the parties to make an agreement providing for arbitration of disputes over the meaning of the agreement, and to enforce the agreement in Federal District Court.

Establishes a commission of five members appointed by the President, to be known as the National Public Employee Relations Commission. Provides for a General Counsel of the Commission to investigate alleged violations of this Act.

Provides that the party desiring to modify or change the agreement must notify the Federal Mediation and Conciliation Service within 60 days prior to the end of the agreement. Requires the Service to assign a mediator upon the request of either party and on its own motion.

Provides that 30 days following certification of a new union either party may request fact-finding, and the Service is authorized to initiate fact-finding on its own. Asserts that with respect to expiring agreements, either party may request fact-finding, or the Service may initiate fact-finding. Provides that the fact-finder's report must include recommendations for resolution of the dispute. Asserts that the report must be kept confidential for five days, but may be made public by the fact-finder after that and must be made public 15 days after the report is made.

Allows a 60 day period following the expiration of the agreement for the entire fact-finding process (three days for the Mediation Service to submit the list of fact-finders; five days for the parties to strike names; 20 days for the fact-finder to make his report; 15 days for the report to be made public; and the remaining days to continue to resolve the dispute). Provides for the maintenance of a status quo for this 60 day period, employers may not change conditions of employment and employees may not strike. Permits only the employer and the exclusive representative to participate in the fact-finding proceedings.

Provides that the fact-finder is not barred from mediating or resolving the dispute.

Allows the parties to agree to use the procedures of some other governmental or other agency. Provides that if both parties agree to submit disputed issues to final and binding arbitration, the arbitration shall supersede all of the fact-finding procedures.

Provides that if a State or local law is substantially equivalent to this Act, the Commission may delegate its responsibility to the State or local agency.


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