Fair Labor Organizing Act
The source supplies the latest action, but no lifecycle stage.
Latest action (30 Jul 1998): Read twice and referred to the Committee on Labor and Human Resources.
What this bill does
The Fair Labor Organizing Act (S. 2389) would amend the National Labor Relations Act and the Labor Management Relations Act to expand protections for workers seeking to organize unions. It would require that if an employer addresses employees about union representation on company premises or during work hours, employees must be given an equal, paid opportunity to hear from the labor organization, and it would give unions rights of access to work areas, bulletin boards, mailboxes, and company facilities for organizing-related meetings. It would increase remedies for illegal firings tied to union activity, requiring triple back pay and allowing affected employees to sue in court for punitive or wrongful-discharge damages. It would also create a mediation-then-binding-arbitration process for first contracts if employers and newly certified unions cannot reach agreement within set time limits.
The bill would primarily affect private-sector employers and employees covered by federal labor law, as well as labor unions seeking to organize workplaces or negotiate initial contracts. Employers would face new obligations regarding communication access and stronger penalties for retaliatory firings; unions and employees would gain expanded organizing rights and legal remedies.
The bill was introduced by Senator Paul Wellstone on July 30, 1998, in the 105th Congress and referred to the Senate Committee on Labor and Human Resources. It did not receive a vote and did not advance further before the end of that Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Fair Labor Organizing Act - Amends the National Labor Relations Act (NLRA) to revise requirements relating to employer and labor organization (union) presentations to employees on issues relating to union representation. (Sec. 2) Requires that, if an employer (or employer representative) addresses employees on the employer's premises or during work hours on such issues, the employees be assured, without loss of time or pay, an equal opportunity to obtain, in an equivalent manner, information concerning issues from a union. Requires that unions, subject to reasonable regulation by the National Labor Relations Board, have: (1) access to areas in which employees work; (2) the right to use the employer's bulletin boards, mailboxes, and other communication media; and (3) the right to use the employer's facilities for the purpose of meetings with respect to the exercise of the rights guaranteed by NLRA. (Sec. 3) Requires the Board to: (1) award back pay equal to three times the employee's wages upon finding that an employee was discharged as a result of an unfair labor practice; and (2) notify the employee of the right to sue for punitive damages and (compensatory) damages with respect to wrongful discharge under the Labor Management Relations Act, 1947 (LMRA). Amends LMRA to: (1) prohibit employers from discharging employees for exercising rights protected under NLRA; and (2) allow employees to file civil actions in U.S. district courts to recover punitive damages when they have been discharged as a result of an unfair labor practice, or if actionable, in any State court to recover damages based on wrongful discharge. (Sec. 4) Amends NLRA to establish mediation and arbitration procedures for initial contract collective bargaining agreements. Requires mediation if the employer and union cannot reach agreement on their own within 60 days after certification of a new union. Allows either party to transfer matters remaining in controversy to the Federal Mediation and Conciliation Service for binding arbitration if the parties have not reached agreement 30 days after a mediator is selected.
Timeline
30 Jul 1998
Read twice and referred to the Committee on Labor and Human Resources.
Common questions
- What does S. 2389 do?
- The Fair Labor Organizing Act (S. 2389) would amend the National Labor Relations Act and the Labor Management Relations Act to expand protections for workers seeking to organize unions. It would require that if an employer addresses employees about union representation on company premises or during work hours, employees must be given an equal, paid opportunity to hear from the labor organization, and it would give unions rights of access to work areas, bulletin boards, mailboxes, and company facilities for organizing-related meetings. It would increase remedies for illegal firings tied to union activity, requiring triple back pay and allowing affected employees to sue in court for punitive or wrongful-discharge damages. It would also create a mediation-then-binding-arbitration process for first contracts if employers and newly certified unions cannot reach agreement within set time limits. The bill would primarily affect private-sector employers and employees covered by federal labor law, as well as labor unions seeking to organize workplaces or negotiate initial contracts. Employers would face new obligations regarding communication access and stronger penalties for retaliatory firings; unions and employees would gain expanded organizing rights and legal remedies. The bill was introduced by Senator Paul Wellstone on July 30, 1998, in the 105th Congress and referred to the Senate Committee on Labor and Human Resources. It did not receive a vote and did not advance further before the end of that Congress.
- Has S. 2389 become law?
- The source does not supply a confirmed lifecycle stage for S. 2389. Check the latest action and official source below.
- Who sponsored S. 2389?
- S. 2389 was sponsored by Sen. Wellstone, Paul D. [D-MN] (D-MN), with 0 cosponsors.
- What's the latest action on S. 2389?
- Read twice and referred to the Committee on Labor and Human Resources. (30 Jul 1998).
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