[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4320 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4320
To amend the National Labor Relations Act to clarify employer rights
with regard to hiring.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2023
Mr. Allen introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the National Labor Relations Act to clarify employer rights
with regard to hiring.
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 2023''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(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 (29 U.S.C. 151 et seq.) was
enacted and threatens the balance of rights.
(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.
(b) Purposes.--The purposes of this Act are--
(1) to preserve the balance of rights between employers,
employees, and labor organizations; and
(2) 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. 3. 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 to make it an unfair
labor practice for an employer to not employ any person who is an
employee or paid agent of any labor organization that is not the
exclusive representative under section 9(a) of this Act of the
bargaining unit in which the person is employed or seeks employment.''.
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