S. 2467 AND H.R. 8410, BILLS TO AMEND THE NATIONAL LABOR RELATIONS ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000800010004-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 19, 2016
• Document Release Date: August 17, 2005
• Sequence Number: 4
• Publication Date: June 29, 1978
• Content Type: MF

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XORANJ1M FOR:
0 ice of General Counsel
Assistant Legislative Counsel
SUBJECT: S. 2467 and H.R. 8410, Bills to Amend the National.
Labor Relations Act
1. Both of the subject bills listed above would amend the 1935.
National Labor Relations (Wagner) Act (NLRA) 29 U.S.C. 151 et seq.
S. 2467 was reported in the Senate on 31 January 1978 by the Human
Resources Committee (S. Rept. No. 95-628). H.R. 8410 was reported
in the House from the Education and Labor Committee on 27 September 1977
(H. Rapt. No. 95-637). The bill passed the House on 6 October 1977 and
was subseqneutly sent to the Senate where it was referred to the Senate
Committee on Human Resources on 7 October. Human Resources Committee
reported the bill on 2 May 1978 (S. Rept. 95-776). On 16 May the
Senate opened what portends to be a protracted struggle over passage
of the legislation. Opponents led by Orrin G. Hatch (R., Utah) succeeder.
in filibustering to the point where after numerous failures to invoke
cloture and break filibuster, H.R. 8410 was sent back to the Senate
Human Resources Committee for further consideration. Under the recommit?ta
motion, the bill would not come back to the Senate floor before i5 July.
2. This office has been of late inundated with amendments to both.
bills. As of 17 May, one day after the Senate opened debate on H.R. 8410,
opponents of the legislation had already introduced more than 500 amendm?r
to call up if cloture was invoked. Such a flood of amendments, commonly
known as a "filibuster by amendment," has been unleashed by opponent.,
to the bill who hope to delay a conference with the House so long thia.t
the Senate would not have time to clear the conference report before
adjournment.
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3. This office has taken a close look at the National Labor
Relations Act and concludes that the Agency by definition is excluded
from coverage thereunder. In paragraph 2(3) of the 1935 NLRA
(29 U.S.C. 152(2)), the term "employer" is defined as not including
"the United States ..." Further, paragraph 2(3) (29 U.S.C. 152(3))
defines "employee" as not including "any individual employed ... by
any other person who is not an employer as herein defined." Since
the United States Government is not an employer by definition,
employees of the U.S. Government are by definition not employees
for purposes of the National Labor Relations Act and are thereby
excluded from coverage thereunder. Neither S. 2467 nor H.R. 8410 as
reported attempt to disturb by amendment section 2 (definitions) of
the NLRA. Clearly, then, Federal employees continue to be exempted
from the Act's coverage.
4. However, in reviewing some of the over 500 amendments to the
bills, it was discovered that Senator Strom Thurmond (R., S. C.) on
8 May and on 15 May introduced two separate amendments (attached)
which appear to be aimed at increasing the scope of the NLRA by
amending section 2 thereof to make the United States an "employer"
and Federal employees "employees" for purposes of the NLRA. To
date, this office has uncovered no similar amendment to S. 2467.
5. while the Thurmond amendments may be merely tactical, viz.,
two more introduced by opponents to allow "filibuster by amendment" if
cloture is invoked after 1S July, they would nonetheless substantively
impact negatively on the U.S. Government and derivatively on the Agency.
Consequently, this office will continue to review the amendments as -
they arrive and follow the legislative process with regard to both bills.
6. This memorandum will serve to notify you of the fact that that
process is being carried out in OLC. I would ask that your office do
two things with regard to the Labor Reform bills: first, please review
the NLRA with a view to confirming the conclusion arrived at herein with
regard to the current scope of the NLRA; secondly, please notify this
office if you wish to receive copies of any amendments as they arrive.
7. I would appreciate your written response to the requests stated
in paragraph 6 of this memorandum as soon as possible but no later than
COB Friday, 7 July 1978. I thank you in advance for your assistance in
this regard.
Attachments
Distribution:
Orig - Addressee, w/atts
1 - OLC Sub' ecnoetd,F?
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lsm wo ats
STAT OL(29 Jun 78) 2
 Purpose: Calendar No. 574
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95TS CONGRESS
2D SESeiox
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Arndt. No. 1976
S. 2467
IN THE SENATE OF THE UNITED STATES
MAY 8 (legislative day, APRIL 24), 1978
Ordered to lie on the table and to be printed
AMENDMENT
Intended to be proposed by Mr. TH-uB OND to S. 2467, a bill to
amend the National Labor Relations Act to strengthen the
remedies and expedite the procedures under such Act, viz:
On page 1, line 10, add the following new section 2 to the
bill and renumber all other sections accordingly :
1 SEC. 2. Delete section 2 (2) of the Act and substitute
2 therefor the following:
3 " (2) The term `employer' includes any association or
4 corporation, but shall not include single proprietorships or
5 partnerships, or any State or political subdivision thereof
6 which promulgates rules for its employees relating to col-
7 lective bargaining, or any person subject to the Railway
8 Labor Act, as amended from time to time.
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"`r r Calendar No. 574
To increase the scope of the Act.
AWL No. 2096
95M CONGRESS
2D SESaiox
S. 2467
IN THE SENATE OF THE UNITED STATES
MAY 15 (legislative day, APRIL 24), 1978
Ordered to he on the table and to be printed
AMENDMENT
Intended to be proposed by Mr. TIIURMVIOND to S. 2467, a bill to
amend the National Labor Relations Act to strengthen the
remedies and expedite the procedures under such Act, viz :
On page 1, line 10, add the following new section 2 to the
bill:
1 SEC. 2. Amend section 2 (2) of the Act to delete the
2 phrase "the United States or any wholly owned Govern-
3 ment corporation, or any Federal Reserve bank, or any
4 State or political subdivision thereof, or any corporation or
5 association operating a hospital, if no part of the net earnings
6 inures to the benefit of any private shareholder or individ-
7 ual, or" following the word "person".
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