EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503
STATEMENT OF ADMINISTRATION POLICY (THIS STATEMENT HAS BEEN COORDINATED BY OMB WITH THE CONCERNED AGENCIES.)
March 25, 1998
H.R. 3246 - Fairness for Small Business and Employees Act of 1998
(Goodling (R) PA and 29 others)
The Administration strongly opposes H.R. 3246 because it would undermine
fundamental National Labor Relations Act (NLRA) protections of workers'
rights to organize and also limit the ability of the National Labor
Relations Board (NLRB) to carry out the provisions of the NLRA effectively.
The President has stated that he would veto this bill.
Although the bill purports to promote "fairness" for small business and
employees, H.R. 3246 would in fact seriously erode workers' rights and
protections. In particular, the Administration strongly opposes provisions
in H.R. 3246 that would allow businesses to fire or refuse to hire union
organizers. Such discrimination is wrong. The rights of workers to
organize in order to secure higher pay, greater benefits, and job
protections must be preserved.
The Administration also opposes the bill's provisions that would greatly
limit the ability of the NLRB to use the judgment and flexibility needed to
carry out the provisions of the NLRA. In particular, Title IV of H.R. 3246
would broaden considerably the NLRB's current legal obligation to award
attorneys' fees to small businesses and organizations that prevail in cases
brought by the Board. It would require the award of attorneys' fees
regardless of whether the Board's position was substantially justified or
special circumstances existed. Also, the bill's rigid deadlines for
resolving certain cases may limit the Board's ability to reach fair and