Since 1983, allies of the construction trades unions have been attempting to maneuver legislation through the U.S. Congress that would prohibit a single employer from simultaneously operating both unionized and nonunionized subsidiaries. In June 1987, the House of Representatives passed a bill that would have banned double breasting or "dual shop" operations, only to see its measure fail to be acted upon by the Senate.
Undaunted by the setback, Senator Edward Kennedy (D-MA) and Representative William Clay (D-MO) have already reintroduced the measure, in the guise of companion bills S. 807 and H.R. 931, in the 101st Congress. In Double Breasting and Pre-Hire Agreements in the Construction Industry, Stuart Schulman provides a history of the controversy, tracing its evolution through various stages of legislation and legal decisions to where it rests today.