-2 On February 26, 1992, the Subcommittee on Labor Standards marked up the bill, deleting liner carriers (container ship operators) from its provisions. On June 10, 1992, the Committee on Education and Labor ordered the bill reported, as amended by the Subcommittee. To date, a report has not been filed. The Subcommittee on Merchant Marine anticipates that the testimony at the hearing will focus on H.R. 1126 as introduced as well as approved by the Committee on Education and Labor. BILL SUMMARY H.R. 1126, as introduced, applies coverage of the National Labor Relations Act (NLRA) (29 App. U.S.C. 151 et seq.) and the Fair Labor Standards Act (FLSA) (29 App. U.S. C. 201 et seq.) for a five-year period to foreign-registered vessels engaged in the commerce of the United States. The Nacional Labor Relations Act extends the jurisdiction of the National Labor Relations Board to hear and decide disputes between employees and employers concerning the whole range of employee-employer relations. The Fair Labor Standards Act sets minimum wages and determines overtime rates for workers covered by the Act. The bill establishes a Commission on Compliance and Enforcement to study the impact of coverage under the NLRA and the FLSA on the employees and employers in the maritime industry. The Commission will report its findings, including legislative recommendations, to the Congress within 30 months after the date of enactment of this Act. The bill applies to foreign-registered vessels that: (1) are regularly engaged in transporting passengers to and from U.S. ports; (2) are regularly engaged in transporting cargo in the foreign trade of the U.S. and are owned or controlled by a U.S. corporation; and (3) are engaged in the production or processing of goods or services for sale or distribution in the United States or are engaged in transporting cargo between vessels in international waters and a vessel or port in the United States. STAFF CONTACTS Majority: Sam Whitehurst, x62460 Minority: Kip Robinson, Rusty Johnston, x63492 CC: Members, Committee on Merchant Marine and Fisheries 102D CONGRESS 1ST SESSION H. R. 1126 To extend the coverage of certain Federal labor laws to foreign flagships. IN THE HOUSE OF REPRESENTATIVES Mr. CLAY (for himself, Mr. FORD of Michigan, Mr. FIELDS, Mr. MURPHY, Mrs. A BILL To extend the coverage of certain Federal labor laws to foreign flagships. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. COVERAGE OF FOREIGN VESSELS UNDER FEDER 4 5 AL LABOR LAWS. (a) NATIONAL LABOR RELATIONS ACT.-Section 2(2) 6 of the National Labor Relations Act (29 U.S.C. 152(2)) is 7 amended by adding at the end thereof the following: "Effec8 tive during the 5-year period beginning on the date of the 9 enactment of this sentence, such term includes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 "(1) a foreign vessel if the vessel is regularly engaged in transporting passengers from and to a port or place in the United States, with or without an inter vening stop or stops at a foreign port or ports, and such term shall include a vessel which is regularly en gaged in transporting passengers only from or to a port or place in the United States if the Board determines that such transport is so arranged for the purposes of avoiding the consequences that would otherwise result under this sentence; "(2) a vessel regularly engaged in transporting cargo in the foreign trade of the United States if such vessel is owned or controlled, directly or indirectly, by a United States corporation; and "(3) a vessel on which occurs the production or processing of goods or services for sale or distribution in the United States, and a vessel that engages in transporting cargo between vessels in international waters and a vessel, port, or place in the United States regardless of the ownership or control of the vessel.”. 21 (b) FAIR LABOR STANDARDS ACT OF 1938.-Section 22 3(p) of the Fair Labor Standards Act of 1938 (29 U.S.C. 23 203(p)) is amended by adding at the end thereof the follow24 ing: "Effective during the 5-year period beginning on the 25 date of the enactment of this sentence, such term includes HR 1126 IH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 3 “(1) a foreign vessel if the vessel is regularly engaged in transporting passengers from and to a port or place in the United States, with or without an inter vening stop or stops at a foreign port or ports, and such term shall include a vessel which is regularly engaged in transporting passengers only from or to a port or place in the United States if the Secretary determines that such transport is so arranged for the pur poses of avoiding the consequences that would otherwise result under this sentence; "(2) a vessel regularly engaged in transporting cargo in the foreign trade of the United States if such vessel is owned or controlled, directly or indirectly, by a United States corporation; and "(3) a vessel on which occurs the production or processing of goods or services for sale or distribution in the United States, and a vessel that engages in transporting cargo between vessels in international waters and a vessel, port, or place in the United States regardless of the ownership or control of the vessel.". 21 SEC. 2. STUDY. 22 (a) COMMISSION.-There is established a commission to 23 be known as the "Commission on Compliance and Enforce24 ment" which shall conduct a comprehensive study on HR 1126 IH 14 15 16 17 18 4 (1) the effect of the amendments made by section 1 on the wages and working conditions of members of the crews of vessels subject to such amendments, (2) the effect of the amendments made by section 1 on the businesses and industries which use vessels subject to such amendments, (3) the effect of the amendments made by section 1 on the foreign relations of the United States, (4) problems relating to compliance with the Na tional Labor Relations Act and the Fair Labor Stand ards Act of 1938 by vessels subject to such Acts under the amendments made by section 1 and enforcement of such compliance, and (5) the effect of the amendments made by section 1 on the number of United States persons serving on foreign vessels or vessels owned or controlled by a United States corporation which are engaged in activi ties described in the amendments made by section 1. 19 Within 30 months after the date of enactment of this Act, the 20 Commission shall submit to Congress a report on the results 21 of the study and may include in the report legislative 22 recommendations. |