On the recordSeptember 14, 1998
sometimes when I hear debate on the floor of the Senate, I wonder what bill we are debating or whether the bill being spoken of is actually reflected in the specific provisions. I remind my colleagues once again that this bill does not overturn the Supreme Court decision, the unanimous Supreme Court decision. It does not infringe whatsoever on the rights of employees to organize. It specifically states in a provision added on page 4, the last part of the last statement in the bill, that nothing in this shall infringe upon or affect the rights and responsibilities of the employee. It comes straight from the Labor Relations Act that says nothing in this can infringe upon that. It says that an employer doesn't have to hire someone whose--it doesn't infringe if they want to organize, for whatever reason, whatever the cost, or whatever thought. It says that if your primary goal in taking that job is not to fulfill the responsibilities of the job but is to further the goals of another organization or another agency, that employer is not bound to hire you. And, yes, they can file a discrimination suit. But now the burden would be upon the NLRB lawyers to demonstrate that, in fact, this person was a bona fide employee applicant. So the employees' rights are absolutely and totally protected under this legislation.
Source
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