HR4320-118

1. Short title This Act may be cited as the Truth in Employment Act of 2023.

2. Findings and purpose Congress finds the following: An atmosphere of trust and civility in labor-management relationships is essential to a productive workplace and a healthy economy. The tactic of using professional union organizers and agents to infiltrate a targeted employer’s workplace, a practice commonly referred to as salting, has evolved into an aggressive form of harassment not contemplated when the National Labor Relations Act (29 U.S.C. 151 et seq.) was enacted and threatens the balance of rights. Increasingly, union organizers are seeking employment with nonunion employers not because of a desire to work for such employers but primarily to organize the employees of such employers or to inflict economic harm specifically designed to put nonunion competitors out of business, or to do both. While no employer may discriminate against employees based upon the views of employees concerning collective bargaining, an employer should have the right to expect job applicants to be primarily interested in utilizing the skills of the applicants to further the goals of the business of the employer. The purposes of this Act are— to preserve the balance of rights between employers, employees, and labor organizations; and to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business.

3. Protection of employer rights Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended by adding after and below paragraph (5) the following: Nothing in this subsection shall be construed to make it an unfair labor practice for an employer to not employ any person who is an employee or paid agent of any labor organization that is not the exclusive representative under section 9(a) of this Act of the bargaining unit in which the person is employed or seeks employment..