Text: H.R.2025 — 101st Congress (1989-1990)All Information (Except Text)

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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','.