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H.R.3246 / 105th Congress

Fairness for Small Business and Employees Act of 1998

Received in the Senate.

Official summary

Version 00 · Introduced in House · Feb 24, 1998

TABLE OF CONTENTS: Title I: Truth in Employment Title II: Fair Hearing Title III: Justice on Time Title IV: Attorneys Fees Fairness for Small Business and Employees Act of 1998 - Title I: Truth in Employment - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status. Title II: Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. Title III: Justice on Time - Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity. Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases. Title IV: Attorneys Fees - Provides for awards of attorneys' fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.

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Who introduced it

Rep. Goodling, William F. [R-PA-19] · R–PA

Committees

  • Education and Workforce Committee
29 cosponsorship records, including any withdrawals

Actions

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  1. Received in the Senate.

  2. Motion to reconsider laid on the table Agreed to without objection.

  3. On passage Passed by recorded vote: 202 - 200 (Roll No. 78).

    House roll call 78 · Individual votes
  4. Passed/agreed to in House: On passage Passed by recorded vote: 202 - 200 (Roll No. 78).

    House roll call 78 · Individual votes
  5. The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.

  6. The previous question was ordered pursuant to the rule.

  7. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3246.

  8. DEBATE - Pursuant to the provisions of H. Res. 393, the Committee of the Whole proceeded with 20 minutes of debate on the Goodling amendment.

  9. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

  10. Rule provides for consideration of H.R. 3246. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. No amendment shall be in order except the amendment printed in the report accompanying this resolution, to be offered in the order and manner specified in the report, and not subject to further amendment or a demand for division of the question in the House or in the Committee of the Whole.

  11. Considered under the provisions of rule H. Res. 393. (consideration: CR H1609-1623)

  12. The Speaker designated the Honorable Bill McCollum to act as Chairman of the Committee.

  13. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 393 and Rule XXIII.

  14. Rule H. Res. 393 passed House.

  15. Rules Committee Resolution H. Res. 393 Reported to House. Rule provides for consideration of H.R. 3246. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. No amendment to shall be in order except the amendment printed in the report accompanying this resolution, to be offered in the order and manner specified in the report, and not subject to further amendment or a demand for division of the question in the House or in the Committee of the Whole.

  16. Placed on the Union Calendar, Calendar No. 259.

  17. Reported by the Committee on Education and the Workforce. H. Rept. 105-453.

  18. Reported by the Committee on Education and the Workforce. H. Rept. 105-453.

  19. Mr. Dreier notified the House that members wishing to offer amendments to the bill should submit 55 copies of proposed amendments to the Committee on Rules (Rm. 312, Capitol) by 2 p.m. on Monday, March 23, 1998.

  20. Ordered to be Reported by the Yeas and Nays: 23 - 18.

  21. Committee Consideration and Mark-up Session Held.

  22. Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 7 - 3.

  23. Subcommittee Consideration and Mark-up Session Held.

  24. Referred to the House Committee on Education and the Workforce.

  25. Referred to the Subcommittee on Employer-Employee Relations.

  26. Sponsor introductory remarks on measure. (CR E195-196)

  27. Introduced in House

  28. Introduced in House

Bill text & related measures

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Neutral evidence review

Objective

Analyze H.R.3246 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.3246 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.3246 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.3246 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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