H.R.2025 - Live Performing Arts Labor Relations Amendments101st Congress (1989-1990)
|Sponsor:||Rep. Clay, William (Bill) [D-MO-1] (Introduced 04/18/1989)|
|Committees:||House - Education and Labor|
|Latest Action:||House - 06/09/1989 Referred to the Subcommittee on Labor-Management Relations. (All Actions)|
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Text: H.R.2025 — 101st Congress (1989-1990)All Information (Except Text)
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- Bill and resolution texts for 1989-1992 (101st-102nd Congresses) predate authenticated digital publishing.
Introduced in House
HR 2025 IH 101st CONGRESS 1st Session H. R. 2025 To amend the National Labor Relations Act to give employers and performers in the live performing arts, rights given by section 8(e) of such Act to employers and employees in similarly situated industries, to give to such employers and performers the same rights given by section 8(f) of such Act to employers and employees in the construction industry, and for other purposes. IN THE HOUSE OF REPRESENTATIVES April 18, 1989 Mr. CLAY (for himself, Mr. RAHALL, and Mr. WISE) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the National Labor Relations Act to give employers and performers in the live performing arts, rights given by section 8(e) of such Act to employers and employees in similarly situated industries, to give to such employers and performers the same rights given by section 8(f) of such Act to employers and employees in the 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, SECTION 1. SHORT TITLE. This Act may be cited as the `Live Performing Arts Labor Relations Amendments'. SEC. 2. EXTENDING SECTION 8(e) TO THE LIVE PERFORMING ARTS INDUSTRY. Section 8(e) of the National Labor Relations Act (29 U.S.C. 158(e)) is amended by striking `Provided further' in the second proviso and all that follows and inserting the following: `Provided further, That for the purposes of this subsection and section 8(b)(4)(B), the terms `any employer', `any person engaged in commerce or in industry affecting commerce', and `any person', when used in relation to the terms `any other producer, processor, or manufacturer', `any other employer', or `any other person' shall not include persons in the relation of a jobber, manufacturer, contractor, or subcontractor working on the goods or premises of the jobber or manufacturer or performing parts of an integrated process of production in the apparel and clothing industry or persons in the relation of a leader, contractor, purchaser of live entertainment or live music, promoter, producer, or persons similarly engaged or involved in an integrated production or performance of any kind in the live entertainment industry: Provided further, That nothing in this Act shall prohibit the enforcement of any contract or agreement, expressed or implied, which is within the foregoing exception.'. SEC. 3. EXTENDING SECTION 8(f) TO THE LIVE PERFORMING ARTS INDUSTRY. Section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)) is amended by inserting `(1)' after `(f)', and by adding at the end the following: `(2) It shall not be an unfair labor practice under subsections (a) and (b) of this section for an employer who hires persons or contracts for the services of persons engaged in the live performing arts to make an agreement covering such persons who are engaged (or who, upon their employment, will be engaged) in the live performing arts with a labor organization of which performing artists are members (not established, maintained, or assisted by an action defined in section 8(a) of this Act as an unfair labor practice) because (A) the majority status of such labor organization has not been established under the provisions of section 9 of this Act before the making of such agreement; or (B) such agreement requires as a condition of employment membership in such labor organization after the seventh day following the beginning of such employment or the effective date of the agreement, whichever is later: Provided, That nothing in this subsection shall set aside the final proviso of section 8(a)(3) of this Act: Provided further, That any agreement which would be invalid, but for clause (A) of this paragraph, shall not be a bar to a petition filed pursuant to section 9(c) or 9(e).'. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) DEFINITION OF `EMPLOYER'- Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) is amended by inserting after `directly or indirectly' the following: `and includes any person who is the purchaser of live musical performance services regardless of whether the performer of such services is an independent contractor, employer, or employee of another employer,'. (b) DEFINITION OF `EMPLOYEE'- Section 2(3) of the Act (29 U.S.C. 152(3)) is amended by inserting after `independent contractor' the following: `except that any individual having such status who is engaged to perform live musical services (other than an employer of persons performing musical services) shall be included in the term `employee','.