Debate on H.R. 2474, Protecting the Right to Organize Act of 2019 — Congressional Record, House
Summary
Page H879 of the House section of the Congressional Record for February 6, 2020, with debate on the Protecting the Right to Organize Act of 2019. Scott of Virginia asks unanimous consent that all Members have 5 legislative days to revise and extend remarks, the Chair declares the House in the Committee of the Whole under House Resolution 833, and Blumenauer is appointed to preside. One speaker says the bill would authorize the NLRB to assess civil penalties and close loopholes used to misclassify workers as independent contractors, while another says it would require employers to hand over workers' private, personal information to union organizers. Letters in support from the BlueGreen Alliance are inserted in the record.
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“Debate on H.R. 2474, Protecting the Right to Organize Act of 2019 — Congressional Record, House.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-02-06-crec-2020-02-06-pt1-pgh879-be8d5caf65/
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H879
PROTECTING THE RIGHT TO incidence that as union membership the Democrats’ false narrative that the
ORGANIZE ACT OF 2019 has decreased, income inequality has decline in union membership is hurting
GENERAL LEAVE increased. workers.
Mr. SCOTT of Virginia. Mr. Speaker, This decline in union membership is Americans are benefiting from a
I ask unanimous consent that all Mem- not a function of workers’ choices. A booming economy, thanks to Repub-
bers have 5 legislative days in which to recent study found that nearly half of lican tax and regulatory reforms. De-
revise and extend their remarks and in- nonunion workers would join a union if spite Democrats’ false claims, wages
sert extraneous material on H.R. 2474, given the chance. The gap between are rising fastest for lower- and middle-
the Protecting the Right to Organize worker preferences and union member- income workers. Unemployment is at a
Act of 2019. ship is the product of intensified 50-year low, and millions of jobs have
The SPEAKER pro tempore. Is there antiworker attacks and labor laws that been created since President Trump
objection to the request of the gen- fail to address unfair labor practices. took office.
tleman from Virginia? The lesson from the last 40 years is In fact, millions of poor Americans
There was no objection. clear: That it is our current labor laws continue to move into the middle class,
The SPEAKER pro tempore. Pursu- that are too weak to defend workers’ and millions in the middle class are
ant to House Resolution 833 and rule rights to join a union and to collec- moving into the ranks of the wealthy.
XVIII, the Chair declares the House in tively bargain with their employer. The substantial economic mobility
the Committee of the Whole House on H.R. 2474, the Protecting the Right to many Americans are experiencing
the state of the Union for the consider- Organize Act, or the PRO Act, is the should be celebrated.
ation of the bill, H.R. 2474. most significant upgrade in U.S. labor Instead, Democrats are trying to
The Chair appoints the gentleman laws in 80 years. This comprehensive claim falsely that the economy isn’t
from Oregon (Mr. BLUMENAUER) to pre- proposal makes sensible reforms to working for average Americans, and
side over the Committee of the Whole. protect and strengthen workers’ rights. the only way to fix it is to expand en-
The PRO Act would put teeth in the forced unionism through coercive, so-
b 1536 Nation’s labor laws by authorizing the cialist schemes like the PRO Act.
IN THE COMMITTEE OF THE WHOLE NLRB to assess meaningful civil pen- Let’s also remember that Federal law
Accordingly, the House resolved alties when companies violate their already protects the rights of employ-
itself into the Committee of the Whole workers’ rights to organize and bar- ees to organize, and Republicans re-
House on the state of the Union for the gain. spect that right. Any reforms to U.S.
consideration of the bill (H.R. 2474) to It will close loopholes that the cor- labor laws should help workers, not
amend the National Labor Relations porations use to misclassify workers as union bosses.
Act, the Labor Management Relations independent contractors instead of em-
The PRO Act will require employers
Act, 1947, and the Labor-Management ployees; thereby evading their obliga-
to hand over workers’ private, personal
Reporting and Disclosure Act of 1959, tion to bargain, as well as evading
information to union organizers, with-
and for other purposes, with Mr. BLU- their obligation to pay minimum wage
out workers having any say in the mat-
MENAUER in the chair. and overtime; provide Worker’s Com-
ter. This would make it even easier for
The Clerk read the title of the bill. pensation, unemployment compensa-
union organizers to target, harass and
The CHAIR. Pursuant to the rule, the tion, and employee benefits.
intimidate workers.
bill is considered read the first time. It ensures that workers can decide
General debate will be confined to It would also overturn all State
whether to form a union without inter-
the bill and shall not exceed 1 hour right-to-work laws. These are laws that
ference. Democracy in the workplace
equally divided and controlled by the allow workers to decide for themselves
should be a right, not a fight.
chair and ranking minority member of Too many Americans are now work- whether to join a union and pay dues.
the Committee on Education and ing too hard for too little. And while If the PRO Act becomes law, workers
Labor. corporations are enjoying record-level will be forced to take money from their
The gentleman from Virginia (Mr. profits, workers and their families are paychecks and give it to labor unions,
SCOTT) and the gentlewoman from struggling to keep pace with rising even if they don’t want to be rep-
North Carolina (Ms. FOXX) each will costs of housing, childcare, education, resented by a union.
control 30 minutes. and other essentials. This provision is astonishing since
The Chair recognizes the gentleman So I urge my colleagues to support we know that from 2010 to 2018, unions
from Virginia. the PRO Act, and I reserve the balance spent $1.6 billion in members’ dues on
Mr. SCOTT of Virginia. Mr. Chair- of my time. hundreds of left-wing groups, without
man, I yield myself such time as I may Ms. FOXX of North Carolina. Mr. first receiving consent from workers to
consume. Chair, I yield myself such time as I do so.
Mr. Chair, throughout their history, may consume. The PRO Act will also undermine
America’s labor unions have enabled I rise today in opposition to H.R. workers’ rights to vote by secret bal-
millions of American workers to secure 2474, the Protecting the Right to Orga- lot. This is hypocrisy at its worst, or
their place in the middle class and re- nize Act of 2019. best. House Democrats elect their own
ceive their fair share of the profits Big Labor is in a panic over plum- leaders by secret ballot, and Democrats
they produce. When workers have the meting union membership. Union held up the USMCA trade deal to guar-
power to stand together and negotiate bosses could self-correct and increase antee workers in Mexico had the right
with their employer, they have higher transparency and accountability to to a secret ballot. Yet, they are willing
pay, better benefits, and safer working serve workers better, or dedicate more to deprive American workers of that
conditions. resources to union organizing, rather same protection.
Unions not only benefit union mem- than attempting to organize less than Among the PRO Act’s most harmful
bers, but also nonunion members ben- one-tenth of 1 percent of eligible em- provisions is the incorporation of Cali-
efit from the higher wages that union ployees, as they did in 2018. fornia’s newly-enacted, overly broad,
members enjoy. And even the children Instead, the largest federation of and confusing definition of employee,
of union members also do better. And labor unions in America spends more which will deprive millions of Ameri-
under union contracts, pay gaps dis- than three times as much money on po- cans of the opportunity to work inde-
appear because union members get litical activities as it does on its stated pendently and start their own busi-
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equal pay for equal work. purpose of organizing and representing nesses.
But union membership, which peaked workers. And they are resorting to Bottom line, there are over 50 harm-
at around 30 percent of the workforce their usual arm-twisting and intimida- ful provisions in this bill that are bad
during the 1950s, is just at 10 percent tion tactics by demanding Democrats for workers, job creators, and the U.S.
today. That is the lowest level since pass the PRO Act. economy.
just after the National Labor Relations Before I get into the many, many Mr. Chairman, I reserve the balance
Act was enacted in 1935. It is not a co- failings of this bill, I want to correct of my time.
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H880 CONGRESSIONAL RECORD — HOUSE February 6, 2020
b 1545 Simply put, if you claim to fight for are illegal, but the penalties aren’t
Mr. SCOTT of Virginia. Mr. Chair- and support the interests of working strong enough to deter employers.
man, low-income workers are being people, you must support the PRO Act. I helped ban captive audience meet-
better paid because of State minimum I ask all of my colleagues, Democrats ings when I served in the Oregon legis-
wage laws that most Republicans op- and Republicans, to support the work- lature, but these rights should be pro-
posed. And jobs created in the 35 ing people of America and support the tected for every worker in the country.
months of the Trump administration PRO Act. We should be making it easier, not
are fewer than the jobs created in the Ms. FOXX of North Carolina. Mr. harder, for workers to form unions and
last 35 months of the Obama adminis- Chairman, I yield 2 minutes to the gen- collectively bargain.
tration. tleman from North Carolina (Mr. I am an original cosponsor of Chair-
I yield 3 minutes to the gentlewoman WALKER). man SCOTT’s Protecting the Right to
from Florida (Ms. WILSON), chair of the Mr. WALKER. Mr. Chair, I thank Organize Act. Under this bill, employ-
Subcommittee on Health, Employ- Ranking Member FOXX for yielding me ers who break the rules will finally be
ment, Labor, and Pensions. the time. held accountable.
Ms. WILSON of Florida. Mr. Chair, I Mr. Chair, today, I rise in strong op- Today, by supporting the bipartisan
thank the gentleman for yielding. position to H.R. 2474, the PRO Act. In PRO Act, we can support workers, re-
I rise in support of H.R. 2474, the Pro- fact, the more you learn about this leg- store fairness, and help to make sure
tecting the Right to Organize Act, or islation, the more the name fits. It is our economy works for everyone.
the great PRO Act. The Subcommittee prounion boss. It is proshadiness. It is Mr. Chairman, I insert in the RECORD
on Health, Employment, Labor, and prounemployment. It is prohibitive. letters in support of the PRO Act from
Pensions, which I am privileged to You know what it is not? It is not the BlueGreen Alliance and more than
chair, conducted three long, riveting proworker. 70 environmental groups.
hearings in the 116th Congress. During By repealing right-to-work laws, this BLUEGREEN ALLIANCE, JANUARY 31,
these hearings, we assessed a multitude legislation fails to protect workers 2020.
from being forced into paying hefty Hon. NANCY PELOSI,
of legal obstacles workers face in se- Speaker, House of Representatives,
curing union recognition and winning union dues. With unemployment hit-
Washington, DC.
collective bargaining agreements. ting record lows and wages hitting Hon. KEVIN MCCARTHY,
Some facts are indisputable. Collec- record highs, our workers should be Minority Leader, House of Representatives,
tive bargaining gives America’s work- able to keep their paychecks, not hand Washington, DC.
ers an economic ladder and safer work- them over to corrupt union bosses. DEAR SPEAKER PELOSI AND LEADER MCCAR-
ing conditions. There are so many un- By changing the classification of the THY: As a coalition of some of the nation’s
safe working conditions all over Amer- majority of independent contractors to largest labor unions and environmental orga-
employees—that is important—this nizations, collectively representing millions
ica.
of members and supporters, we write to ex-
During our first hearing, we heard legislation will restrict workers, create press the BlueGreen Alliance’s support for
testimony from Cynthia Harper, who confusion, reduce opportunity, and the Protecting the Right to Organize (PRO)
suffered a severe injury in an Ohio as- then increase costs. It also dramati- Act of 2019, H.R. 2474.
sembly plant. Even though Cynthia cally expands the joint employer stand- In the United States, we face a critical
was hurt, she did not give up. She ard, trying to force businesses to re- juncture for the rights of employees to orga-
fought for her rights. Cynthia was fired structure their entire business models. nize. As Supreme Court cases and anti-union
from her plant for organizing a union What might seem like an insignifi- legislators and their financial backers seek
cant or a small change would actually to strip workers of their rights, we need a
to win safer working conditions for
strong law on the books to ensure that work-
herself and her coworkers. result in the labor union mafia taking ers are not penalized for organizing and de-
Incredibly, the National Labor Rela- our booming economy in a one-way manding collective bargaining for higher
tions Act has no civil penalties that ride. In fact, this legislation is esti- wages, safer working conditions, and better
deter employers from violating work- mated to cost employers and workers benefits.
ers’ rights. Importantly, the PRO Act more than $47 billion—with a B—$47 Union membership has fallen dramatically
addresses this by establishing meaning- billion annually. from 33 percent in 1956 to ten percent in 2018,
ful penalties for companies that violate For a party that likes to talk about due in large part to exploitation by employ-
their employees’ rights. This impor- the right to choose when it comes to ers of labor laws that have been made tooth-
less. As it stands, no meaningful penalties
tant legislation cements into law the our most essential rights, why are exist for corporations using illegal tactics to
principle that workers deserve the House Democrats trying to restrict the eliminate the option to organize.
right to negotiate for a fair share of power of choice for an entire industry Additionally, workers now are facing
the wealth, wealth that their hard of workers, and in doing so, forcing record wage inequality, and we know based
work, sweat, and tears helps to create middle-income workers to hand over on the National Bureau of Economic
for this Nation. their earnings? Research’s statistics that unions consist-
This bill makes every American I urge my colleagues to oppose this ently provide working Americans with ten to
man’s, woman’s, and child’s life better. blatant effort to reinstate a mob boss twenty percent higher wages than non-
unionized workers. Empowering workers to
Make no mistake, anyone who has got- rule and vote against H.R. 2474. band together to negotiate better wages and
ten a livable wage, equal pay for equal Mr. SCOTT of Virginia. Mr. Chair- safer working conditions is the best path for-
work, and a safe working environment man, I yield 1 minute to the gentle- ward to protecting our workers and rebuild-
should thank unions and support the woman from Oregon (Ms. BONAMICI), ing America’s middle class.
PRO Act. Anyone who grew up in a the chair of the Subcommittee on Civil Organizing does not just affect job quality,
middle-class home and is fighting to Rights and Human Services. though: unionized workers are better
build a middle-class home for their own Ms. BONAMICI. Mr. Chair, I thank equipped to handle potentially hazardous
children should thank unions and sup- the gentleman for yielding. workplace situations, and have more free-
dom to blow the whistle in dangerous situa-
port the PRO Act. Anyone who believes Income inequality is challenging our
tions. This can avert industrial accidents
in growing wages, providing healthcare communities and our future. In north- and result in safer communities, as well as
for all people, and protecting workers’ west Oregon and across the country, cleaner air and water. Many unions also take
rights should thank unions and support the labor movement has helped fight firm positions on environmental issues be-
the PRO Act. Anyone who knows we income inequality, raise wages, im- cause they understand the impact that clean
should protect the right to organize prove working conditions, and expand air and water have on workers. Unions have
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and institute financial penalties on benefits. supported the Clean Air Act, the Clean
companies that interfere should thank More workers would join a union if Water Act, and other actions designed to
both reduce the carbon pollution driving cli-
unions and support the PRO Act. given a choice, but many feel retalia-
mate change and grow good-paying jobs in
Every single Member of Congress, tion for supporting or engaging in or- the clean economy.
Democrats and Republicans, House and ganizing efforts. Under current law, The PRO Act empowers employees by
Senate, represents working people, and tactics to intimidate, coerce, or fire strengthening workers’ rights to bargain and
this is a working people’s bill. workers involved in union organizing to organize. It does so by ending prohibitions
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H881
on collective and class-action litigation, pro- confront the dangers imposed by climate will undoubtedly hurt the economy and
hibiting employers from permanently replac- change, including by ensuring that working force Americans out of work. In fact, a
ing striking employees, amending how em- people are treated fairly and helping lead the report from the American Action
ployees are defined so that no one is transition to a fair, green economy. The PRO
misclassified as an independent contractor,
Forum found employers could face
Act would help advance that goal and help us
strengthening remedies and enforcement for rebuild our economy to function for both more than $47 billion in new annual
employees who are exercising their rights, people and the planet. Therefore, we urge costs if the PRO Act becomes law.
creating a mediation and arbitration process you to vote in favor of the PRO Act. As a small business owner, I know
for new unions, protecting against coercive Sincerely, firsthand the PRO Act would harm
captive audience meetings, and streamlining ActionAid USA, Alliance of Nurses for both employers and employees. The
the National Labor Relations Board’s proce- Healthy Environments, Already Devalued & PRO Act contains numerous poison
dures. Devastated Homeowners of Parsippany, pills, from outrageous privacy viola-
The PRO Act would take tangible steps to Asian Pacific Planning & Policy Council En-
stem the tide of continued violations of the
tions to forced union dues.
vironmental Justice Committee, Athens This bill would outright ban the
rights of working people to organize and County Future Action Network, Beyond Ex-
would provide real consequences for those right-to-work laws that have been suc-
treme Energy, Center for Biological Diver-
who violate the rights of workers. We must sity, Center for Climate Change & Health, cessful in States like my home State of
restore fairness to our economy so that Center for International Environmental Georgia, which has been named the
workers no longer get a raw deal, and Law, Citizens For Water. best State to do business in now 7 years
strengthen the right of workers all over the Citizens’ Resistance at Fermi Two, Cli- in a row.
country to unionize and bargain for better mate Action Rhode Island, Climate Hawks Without right-to-work laws, workers
working conditions. Vote, Climate Mobilization Project, Coali- are forced to pay for representation
For these reasons, the BlueGreen Alliance tion Against Pilgrim Pipeline NJ, Damascus
urges you to vote yes on the PRO Act. and political activities that they may
Citizens for Sustainability, The Democracy not even agree with. From 2010 to 2018,
Thank you for your consideration. Collaborative, Earthworks, Faithful Amer-
Sincerely, ica, Food & Water Action.
unions spent more than $1.6 billion in
JASON WALSH, Fox Valley Citizens for Peace & Justice, member dues to hundreds of leftwing
Executive Director, BlueGreen Alliance. Franciscan Action Network, Friends of groups. Those include Planned Parent-
Buckingham, Friends of the Earth, Great hood and the Clinton Foundation.
5 FEBRUARY 2020. Lakes Water Protectors, Green America, That is why I offered an amendment,
DEAR REPRESENTATIVE: As organizations
dedicated to a sustainable future, we believe
Green For All, Greenpeace USA, Harford which I hope everyone will support, to
County Climate Action, Idle No More SF strike that provision and protect
that such a future must include fair treat-
Bay. States’ right-to-work laws. The Fed-
ment for the people and communities work- Institute for Policy Studies Climate Policy
ing to build a clean and thriving economy. eral Government should not restrict
Program, Jewish Climate Action Network—
For that reason, we support H.R. 2474, the Massachusetts, League of Conservation Vot- American workers’ First Amendment
Protecting the Right to Organize (PRO) Act, rights by forcing them to pay union
ers, Long Beach 350, Louisiana Bucket Bri-
and urge you to vote in favor of the bill when dues.
gade, Louisiana Rise, Miami Climate Alli-
it comes before the House this week. The PRO Act will restrict our boom-
Since 1970, global carbon dioxide emissions ance, Mothers Out Front.
have nearly doubled, spiking the frequency
Natural Resources Defense Council, North ing economy and infringe on the rights
Country 350 Alliance, Nuclear Information & of workers and employers. The Amer-
and intensity of natural disasters, increasing
Resource Service, NYH2O, Oil Change Inter- ican worker deserves fairness, and he
the risk of drought, and putting the future of
national, Organic Consumers Association, deserves choice.
our entire planet at risk. Over that same pe-
Peoples Climate Movement—New York, Phy- My colleagues have a choice before
riod, income and wealth inequality have ex-
sicians for Social Responsibility Pennsyl-
ploded in the United States and elsewhere—
vania.
them. They can stand with Americans
incomes have risen by 229% in the U.S. for and President Trump to keep America
Plymouth Friends of Clean Water, Public
the top 1% of earners since 1979, while the great and free by voting ‘‘no’’ on the
Citizen, Safe Climate Campaign, Safe Energy
bottom 90% of households have seen income
Rights Group, Save the Pine Bush, Seeding PRO Act, or they can join the radicals
growth of just 46%, or 1% on an annual basis.
These parallel trends reflect an economy
Sovereignty, Sierra Club, SoCal 350 Climate who have seized the Democratic Party
Action. and put America on a path of social-
built to serve the interests of a small group
Stand.earth, Sunflower Alliance, Sunrise ism. I will always stand with liberty
of the extremely wealthy and powerful, not
Bay Area, Sunrise Movement, Toxics Action
people or the planet. and President Trump and will proudly
One key element of fixing our broken eco- Center, Unitarian Universalist Mass Action,
Washtenaw350, Wendell State Forest Alli- vote ‘‘no’’ on the PRO Act.
nomic system is ensuring that working peo- Mr. SCOTT of Virginia. Mr. Chair-
ple have a voice in the economy and earn a ance.
350.org, 350 Colorado, 350 DC, 350 Deschutes, man, I yield 1 minute to the gentleman
fair day’s pay for a fair day’s work. Workers
are often unable to have their voices heard 350 Kishwaukee, 350 Loudon, 350 Merced, 350 from Wisconsin (Mr. POCAN), the co-
or to earn fair pay, a function of weak labor New Hampshire, 350 Wenatchee, 350 West chair of the Progressive Caucus.
laws that have made it virtually impossible Sound Climate Action. Mr. POCAN. Mr. Chair, I insert in the
for workers to organize and form unions in Ms. BONAMICI. Mr. Chairman, I RECORD a letter from the AFL–CIO.
the face of unrelenting, aggressive corporate thank Chairman SCOTT for his leader- AFL–CIO,
opposition. ship. I urge my colleagues to support January 30, 2020.
The PRO Act would make common-sense DEAR REPRESENTATIVE: On behalf of the
this bill. AFL-CIO, I urge you to support the Pro-
changes to existing law to enable workers
Ms. FOXX of North Carolina. Mr. tecting the Right to Organize (PRO) Act, H.
who want to organize and form unions to do
so. It would penalize corporations that break Chairman, I yield 21⁄2 minutes to the R. 2474, and to oppose weakening amend-
the law, limit tactics used to intimidate gentleman from Georgia (Mr. ALLEN). ments and any Motion to Recommit when
workers, help workers who organize secure Mr. ALLEN. Mr. Chairman, I thank the House of Representatives considers the
timely collective bargaining agreements, the gentlewoman for yielding. bill next week. The PRO Act will restore the
and institute a number of changes to better This week, in this very Chamber, we original intent of the National Labor Rela-
enable workers to act in solidarity with one heard from President Trump about the tions Act (NLRA), which was to give work-
another. great American comeback. Our boom- ing people a voice on the job so they can ne-
Remaking our economy and environment gotiate for higher wages, better benefits, a
to address climate change and rising inequal-
ing economy is a result of proworker,
more secure retirement and a safer work-
ity will require substantial investment and progrowth, and pro-American policies place.
transition, across many sectors. This is an passed during the 115th Congress and For too long, employers have been able to
opportunity to create millions of good jobs enacted by President Trump. violate the NLRA with impunity, routinely
with family-sustaining wages and strong Wages are rising. Jobs are being cre- denying workers their basic right to join
worker protections. We need strong, com- ated. And Americans from all different with coworkers for fairness on the job. As a
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mon-sense worker protections like those in backgrounds are getting back to work, result, the collective strength of workers to
the PRO Act to ensure that a sustainable including workers without high school negotiate for better pay and benefits has
economy reverses rather than reinforces ris- eroded and income inequality has reached
diplomas, who are experiencing the
ing inequity. There is no way to build a levels that predate the Great Depression.
greener, more inclusive economy without lowest unemployment rate recorded in (Please see the attached summary of recent re-
strong, thriving labor unions. U.S. history. search on unions, inequality and the economy).
Our planet and our communities are under This body must build on this success, The PRO Act would modernize the NLRA
enormous threat. We must act urgently to not go backward. The radical PRO Act by bringing its remedies in line with other
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H882 CONGRESSIONAL RECORD — HOUSE February 6, 2020
workplace laws. In addition to imposing fi- lective bargaining agreement within a percent, re-creating our new gilded age
nancial penalties on companies and indi- year. of outrageous income inequality.
vidual corporate officers who violate the If you vote to form a union, you The rights this bill will secure have
law, the bill would give workers the option been internationally recognized as
should have one and get a contract. If
of bringing their case to federal court. The
you are an employee, you shouldn’t be basic human rights in the Universal
bill would make elections fairer by prohib-
iting employers from requiring their employ- misclassified as an independent con- Declaration of Human Rights by the
ees to attend ‘‘captive audience’’ meetings tractor. And if an employer violates United Nations Charter in the wake of
whose sole purpose is to convince workers to your labor rights, they shouldn’t be let World War II and the Vatican in Pope
vote against the union. off the hook. Leo XII’s encyclical Rerum Novarum
Under the bill, once workers vote to form I am proud to support workers’ in 1891. The right to organize ‘‘is the
a union, the National Labor Relations Board rights, and I am proud to support the natural right,’’ Leo wrote, ‘‘and the
(NLRB) would be authorized to order that state has for its office to protect nat-
the employer commence bargaining a first
Protecting the Right to Organize Act.
Ms. FOXX of North Carolina. Mr. ural rights, not to destroy them.’’
contract. These orders would be enforced in
district courts to ensure swift justice. In ad- Chairman, I yield 1 minute to the gen- Passage of this bill will protect those
dition, the bill would ensure that employees tleman from South Carolina (Mr. rights. Please vote ‘‘yes’’ for the PRO
are not deprived of their right to a union be- TIMMONS). Act.
cause their employer hides behind a subcon- Mr. TIMMONS. Mr. Chair, I rise Mr. Chairman, I insert in the RECORD
tractor or other intermediary, or delib- today in strong opposition to the PRO a letter from 2 million members of the
erately misclassifies them as supervisors or Act. Service Employees International
independent contractors. Our economy is booming. The unem- Union, signed by its president, Mary
Too often, when workers choose to form a Kay Henry, in support of this legisla-
union, employers stall the bargaining proc- ployment rate is at a record low. The
PRO Act would interfere with this his- tion.
ess to avoid reaching an agreement. The SEIU,
PRO Act would establish a process for medi- toric progress by adding more Federal
May 8, 2019.
ation and arbitration to help the parties regulations on the very businesses that DEAR REPRESENTATIVE: On behalf of the 2
achieve a first contract. This important have been responsible for this growth. million members of the Service Employees
change would make the freedom to negotiate Employers and businesses could face International Union (‘‘SEIU’’), we write to
a reality for countless workers who form more than $47 billion in new annual endorse the Protecting the Right to Organize
unions but never get to enjoy the benefits of (‘‘PRO’’) Act of 2019. This important bill
costs if this bill becomes law. This bill
a collective bargaining agreement. would strengthen working Americans’ rights
The PRO Act recognizes that employees would force employees to take a public
to join together in unions and bargain for
need the freedom to picket or withhold our vote on whether they would want to be
higher wages and better working conditions
labor in order to push for the workplace a part of a union, a rule that the House to help create balanced, inclusive growth.
changes we seek. The bill protects employ- Democrats do not even follow them- In today’s economy, too many people are
ees’ right to strike by preventing employers selves. working longer hours for lower wages, even
from hiring permanent replacement workers. Democrats even held up the USMCA as corporate profits soar. Unions are the best
It also allows unrepresented employees to vote to guarantee the right to a secret solution to leveling the playing field. But be-
engage in collective action or class action cause of a concerted effort to undermine
lawsuits to enforce basic workplace rights,
ballot, yet they are depriving the
unions in America over the past forty years,
rather than being forced to arbitrate such American worker of that same protec-
just 6% of private sector working people
claims alone. tion in the PRO Act. Over half of the have a say in the decisions that affect them
Finally, the bill would eliminate state States in this country have passed at work, in their communities and in our
right to work laws. These laws have been their own right-to-work laws, including economy. Too many unscrupulous employers
promoted by a network of billionaires and my home State of South Carolina. take advantage of America’s outdated labor
special interest groups to give more power to The PRO Act would effectively inval- laws to stifle the ability of working people to
corporations at the expense of workers, and join together in unions to improve their jobs
idate those laws by forcing workers to
have had the effect of lowering wages and and build a better future for their families.
eroding pensions and health care coverage in pay union dues in order to keep their The PRO Act would reinvigorate labor law
states where they have been adopted. jobs. This is a gross overreach of the to help build an economy that works better
Restoring our middle class is dependent on Federal Government and something we for the millions of people who work for a liv-
strengthening the collective power of work- need less of not more of throughout ing—not just those at the top. We applaud
ers to negotiate for better pay and working this country. the bill’s joint employer provision, which
conditions. That is why public support for The PRO Act is yet another example would ensure that workers can meaningfully
unions is the highest it has been in decades. of Democratic partisanship and a fla- bargain with all companies that actually
We urge you to support the PRO Act and control their employment. We also endorse
help us build an economy that works for all
grant power grab and is, as many other
the bill’s new standard to stop employers
working families. things we have done this year, not from misclassifying their workers as inde-
Sincerely, going to get a hearing in the Senate. I pendent contractors or supervisors to escape
WILLIAM SAMUEL, urge my colleagues to vote ‘‘no.’’ their responsibilities. These changes would
Director, Government Affairs. Mr. SCOTT of Virginia. Mr. Chair- make it harder for companies to circumvent
Mr. POCAN. Mr. Chair, as one of the man, I yield 1 minute to the gentleman basic worker protections through subcon-
few union members in Congress, let me from Connecticut (Mr. COURTNEY), a tracting arrangements or other evasions.
distinguished member of the Com- We also strongly support the PRO Act’s re-
tell you that the benefits that workers forms banning anti-worker state laws that
and families earn from being in a union mittee on Education and Labor. supersede collective bargaining agreements.
are significant. Mr. COURTNEY. Mr. Chair, I rise in These so-called Right-to Work laws weaken
Workers in a union make almost support of the Protecting the Right to workers’ voice at the workplace, drive down
$10,000 more per year, and 70 percent of Organize Act, which is a pro-middle- wages, and threaten the economic security of
workers in a union have a pension plan class measure that, if enacted, would all workers—union and nonunion alike.
compared to just 13 percent of non- increase incomes, improve benefits, Working people subject to these laws earn
union workers. and promote better working conditions $1,558 less per year than those who are not.
The problem is there have been dec- for tens of millions of Americans. The PRO Act permits companies and work-
ers to decide for themselves whether to nego-
ades-long coordinated attacks on work- The bill essentially debugs all the
tiate fair share agreements in collective bar-
ers’ rights to join or form a union. It is outdated gaps and loopholes that a cot- gaining.
time to make it easier for workers to tage industry of unscrupulous lawyers In addition, we are pleased to see PRO Act
have a voice in their workplace, and we and consultants have exploited over provisions that would deter employer mis-
have got some work to do. the last 50 years to delay and deny conduct by making remedies meaningful, pe-
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There are laws that make it harder Americans their right to organize for a nalizing the most egregious violations, lim-
to organize, and employees involved in better standard of living. iting interference in union elections, and fa-
organizing face barriers, including a The data is crystal clear. The decline cilitating first contracts with newly formed
unions. The bill rightfully removes re-
one-in-five chance of getting fired. of unions since the 1970s has coincided straints on workers’ solidarity actions
Even when workers do form a union, with wage stagnation for the middle across different workplaces.
employers refuse to bargain, and more class and the skyrocketing wealth of Working people around the country ur-
than half of the unions don’t get a col- Americans in the top one-tenth of 1 gently need new laws like the PRO Act to
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H883
make it easier for people to join unions and presidents, has come under Federal in- and class action lawsuits against unscrupu-
hold companies accountable. The PRO Act’s vestigation as well. lous employers.
much-needed reforms will help level the We should, instead, be looking into Finally, HR 2474 eliminates state right to
playing field for people like Jim Staus who work laws which over the years have given
these abuses as our committee rather
testified in support of the PRO Act before more power to billionaires and special inter-
House Education and Labor Committee,
than turning a blind eye and passing est groups at the expense of lowering worker
Health, Employment, Labor and Pensions legislation that will, instead, consoli- wages, eroding pensions and healthcare cov-
Subcommittee on May 8, 2019. Although the date special interest power to coerce erages in states where such laws have been
federal government twice found that Univer- workers by undermining their right to enacted.
sity of Pittsburgh Medical Center (UPMC) il- privacy. We urge you to support the PRO Act.
legally fired Jim for trying to form a union, Clearly, this bill sends exactly the Thank you.
six years later he still has not returned to wrong message at the wrong time. It is Sincerely yours,
work at UPMC, nor has he seen a penny of RAYMOND M. HAIR, JR.,
not speaking for the hardworking fami- International President,
back-pay. If the PRO Act were law, Jim and
lies we represent, the hardworking American Federation of Musicians of the
so many other working people around the
country would not have to risk everything to union members we represent. They de- United States and Canada.
organize their unions to have a seat at the serve better, and that is what this leg-
table in determining their families and com- islation doesn’t offer. NEW YORK, NY, FEBRUARY 3, 2020.
munity’s future, the same way their bosses The Acting CHAIR (Mr. POCAN). The DEAR REPRESENTATIVE: On behalf of the ap-
and corporations do. time of the gentleman has expired. proximately 125,000 American members of
SEIU members are proud to support the Ms. FOXX of North Carolina. Mr the International Alliance of Theatrical
PRO Act. We will add any future votes on Stage Employees (IATSE), I urge you to sup-
chair, I yield an additional 10 seconds
this legislation to our legislative scorecard. port the Protecting the Right to Organize
to the gentleman from Michigan. (PRO) Act, H.R. 2474, and to oppose weak-
Sincerely, Mr. WALBERG. Mr. Chair, I simply
MARY KAY HENRY, ening amendments and any Motion to Re-
International President.
cannot, in good faith, support a bill commit when the House of Representatives
that undermines basic freedoms for considers the bill. The PRO Act will restore
b 1600 workers and takes our labor laws back- fairness to the economy by strengthening
Ms. FOXX of North Carolina. Mr. wards. Instead, let’s put workers’ inter- the federal laws that give working people a
ests first by focusing on protecting and voice on the job so they can negotiate for
Chair, I yield 3 minutes to the gen- higher wages, better benefits, a more secure
tleman from Michigan (Mr. WALBERG). expanding workers’ rights within their
retirement and a safer workplace.
Mr. WALBERG. Mr. Chairman, I union. Too often, when workers choose to form a
thank my good friend from North Caro- Mr. SCOTT of Virginia. Mr. Chair- union, employers stall the bargaining proc-
lina for yielding. man, I yield 1 minute to the gentle- ess to avoid reaching an agreement—as evi-
I rise today in strong opposition to woman from California (Ms. JUDY CHU). denced by riggers in the Pacific Northwest
H.R. 2474, but not necessarily because Ms. JUDY CHU of California. Mr. employed by Rhino Staging Northwest who
of some of the reasons that I have Chair, before I begin, I enter into the voted in 2015 to be represented by Local 15 of
RECORD letters in support of the PRO the IATSE, but today still don’t have a con-
heard, though questionable, from my
Act from the American Federation of tract.
friends on the other side of the aisle. These riggers—who work high above
As the son of a machinist tool and Musicians and the International Alli- stages, on scaffolding or catwalks, installing
die maker and a former union steel- ance of Theatrical Stage Employees. complex lighting and audio equipment—fol-
worker myself, I value the time-hon- AMERICAN FEDERATION OF MUSI- lowed state and federal labor laws, and over
ored role unions play in our workforce. CIANS OF THE UNITED STATES AND many years organized themselves. Fed up
I can remember some of the argu- CANADA , with low pay, no employer-funded
ments that my dad made for the unions New York, NY, February 4, 2020. healthcare, and unsafe working conditions
DEAR MEMBER OF CONGRESS: On behalf of they voted to unionize.
in the steel mills’ machine shops where 80,000 members of the American Federation Yet, after these workers voted for the
he worked. I also remember many of of Musicians, I write urging your support of union, Rhino refused to bargain in good faith
the arguments he made for unions H.R. 2474, the Protecting the Right to Orga- as required by federal labor law. Rhino chal-
going above and beyond, in the sense of nize Act (‘‘PRO Act’’) and ask that you op- lenged the union before the National Labor
going too far, for their own protection pose any amendments or any offensive mo- Relations Board (NLRB) and in federal court.
and not that of the employees. tions that may be offered during House delib- It lost. It has stalled and delayed and still
But any reforms we make to Federal erations. today has not entered into a contract.
The PRO Act strengthens the National This is just one example of how some em-
labor laws should put workers first, not
Labor Relations Act by supporting the abil- ployers have been able to violate the Na-
union leaders first. When we fail to do ity of working people to have a voice on the tional Labor Relations Act (NLRA) with im-
that, it opens the door to extravagant job. The bill would update the National punity, routinely denying workers their
abuses of power. Just look at what is Labor Relations Act to allow workers to basic right to join with coworkers for fair-
happening in Michigan, sadly, with the have a greater say in such important work- ness on the job. Time after time, employers
corruption scandal at the top levels of place issues as higher wages and retirement get away with it.
the UAW. security. Once workers vote to form a union, The PRO Act would establish a process for
How can we even entertain a trans- the National Labor Relations Board could mediation and arbitration to help the parties
formational labor law at a time when seek enforcement and relief in federal court achieve a first contract. This important
allowing for swifter justice. In addition, the change would make the freedom to negotiate
members of the UAW leadership are bill would prohibit employers from forcing a reality for countless workers who form
under an ongoing Federal investigation workers to attend captive audience meetings unions but never get to enjoy the benefits of
for using members’ dues to pay for designed to encourage workers from voting a collective bargaining agreement.
UAW leadership’s lavish trips to Cali- against the union. Companies and corporate The PRO Act would modernize the NLRA
fornia featuring poolside villas, top- officers would be confronted with stiff finan- by bringing its remedies in line with other
shelf liquor, fine cigars, golf, and even cial penalties for violating the law. workplace laws. In addition to imposing fi-
a $1,200 bill at a Hollywood salon. In The PRO act also establishes a mediation nancial penalties on companies and indi-
and arbitration process to prevent employers vidual corporate officers who violate the
our ethics investigations, we would
from avoiding the completion of a first con- law, the bill would give workers the option
certainly put those to the top of our tract. Historically, many employers attempt of bringing their case to federal court.
concerns. to stall first-contract negotiations in an ef- Under the bill, once workers vote to form
This corruption scandal has already fort to frustrate and in some cases stop the a union, the National Labor Relations Board
yielded 11 convictions. Two previous collective bargaining process, often after (NLRB) would be authorized to order that
UAW presidents have been formally union organizers and negotiators have the employer commence bargaining a first
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implicated as members of a racket- worked for years to finalize a first contract. contract. These orders would be enforced in
eering enterprise within the union—I The bill also supports workers’ right to district courts to ensure swift justice. In ad-
picket or withhold their labor in order to dition, the bill would ensure that employees
hate hearing those words, because
push for workplace changes. It also protects are not deprived of their right to a union be-
those impact union membership and employees’ right to strike and prevents an cause their employer hides behind a subcon-
their dues—and the current president, employer from hiring permanent replace- tractor or other intermediary, or delib-
who took over because of the corrup- ment workers and allows unrepresented erately misclassifies them as supervisors or
tion allegations against the former workers to participate in collective action independent contractors.
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H884 CONGRESSIONAL RECORD — HOUSE February 6, 2020
The bill would also eliminate ‘‘right to compel a man to furnish contributions and one fifth among women according to the
work’’ laws; prohibit mandatory ‘‘captive au- of money for the propagation of opin- Economic Policy Institute.
dience’’ meetings; and protect the right to The time is now to restore workers’ poten-
ions which he disbelieves is sinful and tial to organize. The PRO Act restores the
strike, among other provisions.
The PRO Act is a top priority for the tyrannical.’’ balance of power we desperately need be-
IATSE, we urge you to support this bill and Mr. Chair, I urge my colleagues to tween workers and management. This bill
help us build an economy that works for all join me in opposing this bill and to authorizes the NLRB to assess monetary
working families. stand for the freedoms and success that penalties for each violation in which a work-
Sincerely, our Founding Fathers believed in. ers is wrongfully terminated or suffers seri-
MATTHEW D. LOEB, Mr. SCOTT of Virginia. Mr. Chair- ous economic harm. The bill importantly im-
International President. poses personal liability on corporate direc-
man, I yield 1 minute to the gentleman
Ms. JUDY CHU of California. Mr. tors and officers who participate in viola-
from California (Mr. TAKANO), a distin- tions of workers’ rights or have knowledge of
Chair, when I was a young college pro- guished member of the Committee on and fail to prevent such violations.
fessor in the Los Angeles Community Education and Labor. The PRO Act also gives workers the right
College District, the board of trustees Mr. TAKANO. Mr. Chair, I thank the to override so-called ‘‘right to work’’ laws
passed a measure that would lay off gentleman for yielding. that prevent unions from collecting dues
over 100 of us, even though we had ten- I rise in strong support of the Pro- from the people they represent. The bill
ure. would give employers and unions the right to
tecting the Right to Organize Act. I
It was my union, the American Fed- enter into a contract that allows unions to
rise in support of unions and millions collect fair share fees that cover the costs of
eration of Teachers, that organized the of workers fighting for higher wages, collective bargaining and administering the
protests and stood up for us. The union better benefits, and safe working condi- contract. It is simply unfair and divisive for
saved my job. tions. some non-dues paying workers to get a free
Yet, today, we see that there is a de- For years, Republicans and corporate ride off the backs of their fellow dues paying
cline in union membership. It is not be- interests have been chipping away at workers.
cause workers don’t want to be in a the rights of workers in America. Em-
Further, the Act protects First Amend-
union. It is because employers have ment rights by removing prohibitions on
ployers are aggressively waging a cam- workers acting in solidarity with workers at
been allowed to use antiunion tactics,
paign against unions and against the other companies. The bill also prohibits
such as paying millions of dollars to
best interests of their workers. companies from permanently replacing
professional union busters who come It is illegal for employers to intimi- striking workers.
into the workplace to intimidate work- date workers who want to join unions, A critical part of the legislation seeks to
ers in captive audience meetings. but it is still happening, because these facilitate initial collective bargaining agree-
Even when workers vote to approve a ments. Even when workers succeed in form-
union-busting bosses are not being held ing a union, nearly half of newly formed
union, more than half of them still do
responsible. The PRO Act will ensure unions fail to ever reach a contract with the
not have a collective bargaining agree-
that penalties are enforced to help put employer. The bill facilitates first contracts
ment 1 year later. That is because em-
an end to these antiunion activities. between companies and newly certified
ployers face few penalties for bar- unions by requiring mediation and arbitra-
American workers are putting in the
gaining in bad faith, while employees tion to settle disputes.
work; they should also be reaping the
can be fired for striking and exercising The ILWU fully supports the PRO Act and
rewards of their labor. The PRO Act
their rights. we urge you to actively support this impor-
The PRO Act is the best way to pro- will help workers stand together to de- tant legislation to benefit the organized
tect the right to organize and to help mand their fair share and to make labor and those workers who seek to join a
workers have the quality of life they their bosses listen. union. It is time to restore the right to orga-
deserve. Mr. Chair, I enter into the RECORD a nize to American workers.
letter from the International Sincerely,
Mr. Chair, I urge my colleagues to WILLIAM ADAMS,
vote ‘‘yes’’ on this bill. Longshore and Warehouse Union in
support of the PRO Act. President.
Ms. FOXX of North Carolina. Mr. Ms. FOXX of North Carolina. Mr.
Chairman, I yield 11⁄2 minutes to the INTERNATIONAL LONGSHORE &
WAREHOUSE UNION, Chair, I yield 3 minutes to the gen-
gentleman from Virginia (Mr. CLINE). San Francisco, California, February 3, 2020. tleman from Pennsylvania (Mr.
Mr. CLINE. Mr. Chairman, I thank DEAR REPRESENTATIVE: As President of the SMUCKER).
the ranking member for yielding. International Longshore and Warehouse Mr. SMUCKER. Mr. Chair, I rise
As a Virginian, I am proud that my Union (ILWU), I urge you to support the PRO today in strong opposition to the PRO
State is currently one of the 27 that Act (Protecting the Right to Organize Act, H.R. Act.
protects the fundamental right to 2474) when debated on the House Floor this Today’s egregious legislation really
work. Because of Virginia’s pro-busi- week. The ILWU further urges you to oppose is mislabeled. It is called the Pro-
ness and pro-employer stance, it has amendments that would weaken this impor-
tecting the Right to Organize Act, but
once again been ranked the number one tant legislation.
The ILWU is committed to organizing the it really should be renamed the Unfair
State in which to do business by CNBC. to American Workers, or the UAW,
unorganized. We recently celebrated the first
Unfortunately, this is being threat- union contract for workers at Anchor Steam Act.
ened both at the State level in the Vir- Brewing Co. in San Francisco, California. We I strongly agree that our constitu-
ginia General Assembly and now at the have organized other workers into our great tionally guaranteed rights, like the
Federal level through this bill, the union, but have been unsuccessful in achiev- freedom of association, should be pro-
PRO Act. ing a fair contract due to bad faith bar- tected, but this bill doesn’t strengthen
Every American should have the gaining. The truth is that every day workers protections for all Americans. This bill
right to get a job or keep a job without are intimidated, threatened, and coerced upsets the balance between the right of
being required to join a labor union. simply because they aspire to join a union
and achieve a better life. Our current labor
employees to form a union and the
This bill would inappropriately pre- right of individuals to refrain from
law allows this immoral corporate behavior
empt and prohibit that right, while without meaningful consequences. joining a union.
concurrently violating the privacy of The United States gave Americans the H.R. 2474 deliberately speeds up the
workers by forcing the sharing of their right to organize labor unions under the Na- union election process so that employ-
personal contact information with tional Labor Relations Act (NRLA). The in- ees do not have the time to fully vet
union organizers, even when this has crease in unionization encouraged by the law the pros and cons of joining a union.
been shown to enable harassment and significantly diminished income inequality This bill also strips away critical pri-
over the next forty years. American workers
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intimidation of those very workers. vacy rights by forcing employers to
This is unacceptable. prospered as a result of having a voice in the hand over sensitive private employee
workplace.
The PRO Act would have grave im- information, such as where an em-
However, over time, corporations and their
pacts on workers and businesses at a political allies have gutted organizing ployee lives, what work shifts they
great cost to the fabric of our work- rights, and diminished unions, which has work, and more.
force. caused great economic disparities. The de- Why do they want this information?
Founding Father and fellow Vir- cline in union density accounts for one third So union leaders can stalk and harass
ginian Thomas Jefferson said: ‘‘To of the rise in income inequality among men employees until they agree to sign up.
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H885
The PRO Act, in fact, leaves no cor- delay, they delay, they delay. They tive bargaining agreement a year later. The
ner of labor law untouched. This bill would make an example out of one per- PRO Act would establish a process for reach-
will disrupt the franchise model to son, as unjust as that is. They put the ing a first agreement when workers organize.
Employers often misclassify workers as su-
eliminate a franchisee’s ability to op- life of that worker on hold. pervisors or independent contractors to de-
erate their business as their own, and Currently, the NLRA has no pen- prive them of their rights under the NLRA
it even decimates the sharing economy alties for employers that do this, that while allowing management to skirt min-
by codifying California’s ABC test. violate the law. If workers are fired, imum wage, Social Security and workers’
What is worse, this bill repeals every there is no current recourse. compensation laws. The PRO Act tightens
right-to-work law in the Nation, forc- I would just ask that we support the the definitions of independent contractor
ing millions of Americans to con- PRO Act. and supervisor to crack down on
tribute to a union that they don’t need Mr. Chair, I enter into the RECORD misclassification and extend NLRA protec-
letters of support from the IBEW, the tions to more eligible workers.
or that they don’t want. Unions provide skills training and con-
I offered a commonsense amendment International Union of Operating Engi-
tinuing education to their membership, as
to this bill that would require unions neers, and the International Union of well as a more stable and safer workforce. A
to seek employee consent when using Bricklayers and Allied Craftworkers. worker covered by a union contract earns
dues for political purposes, but my INTERNATIONAL BROTHERHOOD more than 13 percent more in wages than a
OF ELECTRICAL WORKERS, peer with similar education, occupation and
amendment was blocked by Democrats Washington, DC, February 3, 2020.
from being even debated on the House experience in a non-union workplace in the
To: All Members of the United States House same sector. Where unions are strong, wages
floor. of Representatives. are higher for typical workers—union and
My colleagues on the left will claim Re Protecting the Right to Organize Act. nonunion members alike.
that economic inequality has resulted DEAR MEMBER OF CONGRESS: On behalf of Research shows that workers want unions,
because of declining union member- the 775,000 active members and retirees of evidenced by the large gap between the share
ship, but we know this isn’t true. The the International Brotherhood of Electrical of workers with union representation—about
economic success that we are seeing Workers (IBEW), I urge you to vote in sup- 12 percent—and the share of workers that
today, particularly for minority groups port of H.R. 2474, the Protecting the Right to would like to have a voice on the job—48 per-
Organize (PRO) Act, when it is considered by cent. The PRO Act would take a major step
who have historically faced the most
the full U.S. House of Representatives this forward toward closing that gap.
inequality, is changing thanks to poli- week and to oppose weakening amendments There is no better path to the middle class
cies put in place by a Republican Con- and any Motion to Recommit. The PRO Act than a union job with the security it pro-
gress and by President Trump. Wage would restore the original intent of the Na- vides in salary, health benefits and retire-
growth is rising faster today for mi- tional Labor Relations Act (NLRA) to pro- ment income. Family sustaining middle
norities and individuals most impacted tect workers’ right to organize a union and class jobs are the route to economic secu-
by economic inequality than for any negotiate higher wages and better benefits. rity, providing the crucial financial cushion
other group. The right to organize and collectively bar- that protect so many families on the edge of
gain is a fundamental right of all Americans economic disaster once a job loss or a med-
Rather than innovating to become
and the bedrock of a capitalist society that ical emergency hits a family. Unions provide
more attractive to employees so they allows the benefits of a growing economy to economic independence and self-sufficiency,
want to join, unions are trying to be shared broadly between workers and em- and an expanding middle class is good for the
change Federal law to stack the deck ployers. These fundamental rights, however, economy and the country.
against hardworking Americans. have been steadily undermined in recent dec- The IBEW urges all members of the United
Americans aren’t rejecting union ades. As a result, union membership has States House of Representatives to stand
membership because current labor law dropped precipitously from over 20 percent in with working Americans in every state and
acts as a barrier to forming one. They 1983 to just 10 percent in 2018. During the community and vote in favor of the PRO
same period, incomes for the bottom half of Act.
are declining to join because they are
income earners in the United States have Sincerely yours,
sick of seeing union leaders harass and grown by just one percent between 1980 and LONNIE R. STEPHENSON,
coerce their colleagues; line their own 2014, while income for the top one percent in- International President.
pockets with dues, as we have seen ex- creased by 205 percent. Today, income in-
hibited in the recent racketeering acts equality has reached levels that predate the INTERNATIONAL UNION OF
committed by former UAW leaders; and Great Depression. OPERATING ENGINEERS,
use employee dues to support political The reason membership in labor unions is Washington, DC, January 31, 2020.
declining is not due to eroding interest in DEAR REPRESENTATIVE: The International
platforms that don’t align with an indi-
family-sustaining wages and benefits—it is Union of Operating Engineers requests your
vidual’s views. because employers have the upper hand. support for the Protecting the Right to Or-
Mr. Chair, I urge my colleagues to Workers attempting to unionize often face a ganize (PRO) Act, H.R. 2474, and to oppose
oppose this harmful power grab. hostile legal environment and are commonly any weakening amendments and any Motion
Mr. SCOTT of Virginia. Mr. Chair- intimidated by aggressive anti-union em- to Recommit when the House of Representa-
man, I yield 1 minute to the gentleman ployers. Outdated labor laws have failed to tives considers the bill. The PRO Act will re-
from New Jersey (Mr. NORCROSS), a dis- provide Americans with protection from this pair the National Labor Relations Act
tinguished member of the Committee anti-worker onslaught against collective (NLRA) to protect workers and strengthen
on Education and Labor. bargaining. the fundamental rights of Operating Engi-
The Economic Policy Institute published a neers across the nation.
Mr. NORCROSS. Mr. Chair, I rise report in December 2019 that found 41.5 per- The International Union of Operating En-
today on an issue very personal to me cent of all employers in a National Labor Re- gineers (IUOE) is one of North America’s
and to American workers: the Pro- lations Board (NLRB) sponsored election leading construction unions, representing
tecting the Right to Organize Act, or were charged with violating federal labor nearly 400,000 hardworking men and women
the PRO Act. law. The PRO Act would help even this vast- in the United States and Canada. Most mem-
I am a member of the IBEW for over ly tilted playing field by invoking stronger bers of the IUOE work in the construction
40 years and a lifelong labor leader, a remedies for violating the law. Currently, sector, operating and maintaining heavy
proud labor leader. I can attest to the there are no penalties on employers who ille- equipment, in addition to other occupations
gally fire or retaliate against workers at- in the industry. We represent heavy equip-
importance of giving workers a voice
tempting to form a union. This legislation ment operators, mechanics, surveyors, and
by protecting them from unfair labor establishes compensatory damages for work- other occupations in the sector, and, build-
practices. ers and penalties against employers when ing the nation’s public works is the bread
I saw, firsthand, as workers were un- they fire or retaliate against workers. In ad- and butter of the skilled, proud members of
justly fired, lost their wages, their job, dition, the PRO Act streamlines the NLRB the Operating Engineers union.
because they dared to speak up about process so workers can petition to form a The PRO Act would reinforce the federal
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unionization; workers with families union and get a timely vote without their laws that protect workers’ right to organize
back home, living paycheck to pay- employer interfering or delaying the vote. It a union and bargain for better wages, bene-
would also prohibit companies from forcing fits, and conditions at their workplaces. For
check, who couldn’t afford to be out of decades, working families could depend on
workers to attend mandatory captive audi-
work, but they understood how impor- ence meetings as a condition of continued unions to represent their collective interests
tant this was. employment. and, by encouraging collective bargaining,
Companies have the money. They Even if workers do vote for union represen- the NLRA offered protection and empowered
hire the $1,000-an-hour lawyers. They tation, more than half do not have a collec- workers to seek fairness on the job.
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H886 CONGRESSIONAL RECORD — HOUSE February 6, 2020
Over the past 50 years, unethical employ- Our economy is out of balance and it is If Congress really cares about jobs,
ers have exploited labor laws and routinely time for Congress to step up to protect work- the economy, and workers’ rights, it
denied workers their basic rights. While the ing class families and restore economic sta- should say ‘‘no’’ to the PRO Act.
collective strength of workers has eroded bility. We urge you to support the PRO Act
over time, income inequality has reached Mr. SCOTT of Virginia. Mr. Chair-
and oppose any weakening amendments
levels that predate the Great Depression. It when the House of Representatives considers man, I yield 2 minutes to the gentle-
is imperative that Congress protect the the bill. woman from Massachusetts (Mrs.
rights of workers in order to guarantee a Sincerely, TRAHAN), a distinguished member of
healthy economy. TIMOTHY J. DRISCOLL, the Committee on Education and Labor
This legislation addresses several major President. who knows that union members make
problems with the current law and tries to
level a playing field that is currently
Ms. FOXX of North Carolina. Mr. more than nonunion members.
stacked against workers. It will penalize em- Chair, I yield 11⁄2 minutes to the gen- Mrs. TRAHAN. Mr. Chairman, I
ployers for interfering in the workers’ right tleman from Pennsylvania (Mr. KEL- thank my friend from Virginia for
to form a union, conduct organizing cam- LER). yielding and for his steady leadership
paigns, and hold fair elections. It will Mr. KELLER. Mr. Chair, I thank the on this issue.
strengthen their ability to negotiate first gentlewoman from North Carolina (Ms. Mr. Chairman, on Tuesday evening,
contract agreements and notably overrides FOXX) for yielding. the American people were treated to a
so-called ‘‘right-to-work’’ laws by estab- I rise today in opposition to the PRO number of fairy-tale promises. But
lishing a ‘‘fair share’’ clause. It will ensure
Act. none was more preposterous than the
workers have a voice on the job by prohib-
iting employers from permanently replacing
I have heard some things from the claim that the administration’s agenda
strikers and repealing the prohibition on sec- other side of the aisle about how work- has been ‘‘relentlessly proworker.’’
ondary boycotts. In addition, it will protect ers earn more in States that are not It has been relentless, all right. Re-
workers against misclassification—an egre- right-to-work. lentlessly hostile to our unions, par-
gious tactic used in the construction indus- Of the right-to-work States, accord- ticularly those seeking redress from
try to dodge wage and hour standards. The ing to the U.S. Department of Labor’s the NLRB; relentless in favoring cor-
PRO Act would ensure employers are not Bureau of Labor Statistics, 7 of the top
able to skirt their responsibilities for pay,
porate interests over working people,
10 States in wage increases are right- such as those deliberately misclassified
benefits, and other working conditions.
This legislation will close loopholes in fed- to-work States. The highest right-to- as contractors; and relentless in its op-
eral laws and increase transparency in work State, number one, saw an in- position to permitting employees the
labormanagement relations. Without these crease in wages over the period of time right to have their day in court when
essential protections, the playing field will from 2001 to 2019 of 20 percentage their rights are violated.
remain heavily stacked against workers. points, which is 20 percentage points The PRO Act is what a real
Strengthening the collective power of work- more than the closest right-to-work
ers will strengthen our economy and restore proworker agenda looks like: It levels
State. the playing field for workers in orga-
the American middle class. We urge you to
This is not a bill about helping work- nizing drives. It reorients the NLRB to
support the PRO Act to defend the dignity of
work for all working families. ers. This is a bill about getting in the defend workers who are unfairly tar-
Thank you for your consideration. way of the relationship between the geted. It blocks worker
Sincerely, employee and employer. misclassifications, and it demands real
JAMES T. CALLAHAN,
General President.
b 1615 penalties for violations of workers’
This is just another Democrat mes- rights.
INTERNATIONAL UNION OF BRICK- saging bill that is nothing short of a I am pleased that the PRO Act in-
LAYERS AND ALLIED special interest giveaway. The PRO cludes my amendment to ban offensive
CRAFTWORKERS, Act needlessly inserts more govern- lockouts, a cruel technique designed to
Washington, DC, January 31, 2020. bring workers to their knees rather
DEAR HOUSE MEMBERS: On behalf of the ment control into the employee-em-
ployer relationships. than the negotiating table in good
International Union of Bricklayers and Al-
At a roundtable I held with faith. The steelworkers in my home
lied Craftworkers (BAC), I am writing to ex-
press our strong support for the Protecting businessowners in Pennsylvania’s 12th State of Massachusetts know that
the Right to Organize (PRO) Act, H.R. 2474. Congressional District, I heard first- cruel tactic all too well.
The PRO Act is historic legislation that will hand how legislation like this would Mr. Chairman, as the daughter of a
help level the playing field and help give negatively impact their ability to grow union ironworker and the grand-
workers the opportunity to exercise their and raise wages. daughter of a union carpenter, I have
right to organize a union. experienced firsthand why unions are
BAC is proud of the relationship that we One of the many onerous provisions
share with our signatory employers across in this legislation is the allowance for the foundation of America’s middle
the United States to provide vital building intermittent strikes and banning per- class. I have lived the benefits that
and construction services to the commu- manent replacements. I am offering an unions and organized labor bring to
nities we live in. However, our members, and amendment today to remove the inter- families across Massachusetts and the
just as importantly the contractors that hire mittent striking provisions of this bill. United States.
them, are under assault by unscrupulous cor- Intermittent striking would cripple I wouldn’t be standing here today
porations and employers that abuse and deny the ability of job creators to do busi- without them. And it is perfectly clear
their workers from having a meaningful
ness and raise prices on consumers. why our unions must have their rights
voice in the workplace. The PRO Act would
help address these abuses and provide work- Even if this amendment were adopted, restored. Income inequality has risen
ers a fair shot at forming a union of their I still have significant reservations as union membership has declined. It is
choice to bargain for better wages, benefits, about the bill. That is because the PRO time to reverse that trend.
and conditions in the workplace. Act is also terrible for employees. Mr. Chair, I include in the RECORD a
Too often, employers intentionally violate Cloaked in the language of employee letter from NETWORK Lobby for
the law during organizing campaigns because protection, the real result of the PRO Catholic Social Justice organization
some of the penalties are so weak that low
road employers just view them as a small
Act is providing workers with fewer which endorses the PRO Act.
cost of doing the business of union busting. choices, fewer rights, and the inability NETWORK LOBBY FOR CATHOLIC
The PRO act strengthens penalties for such to speak for themselves. SOCIAL JUSTICE,
behavior in order to deter employers from The SPEAKER pro tempore. The Washington, DC, February 6, 2020.
interfering with workers’ rights. time of the gentleman has expired. DEAR REPRESENTATIVE: NETWORK Lobby
The PRO Act also clarifies the definition of Ms. FOXX of North Carolina. Mr. for Catholic Social Justice urges you to vote
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independent contractor and supervisor to Chair, I yield the gentleman from YES on the Protecting the Right to Organize
help prevent the misclassification of work- (PRO) Act (H.R. 2474). In the spirit of the
Pennsylvania an additional 10 seconds.
ers. Misclassification is far too common in Gospel, we promote a just society which en-
Mr. KELLER. Strikingly, the PRO
construction and other industries and it pre- sures that all people are able to live dig-
vents workers from exercising their rights, Act would destroy employee privacy nified lives. According to Catholic Social
getting the pay and benefits they deserve, rights by requiring employers to give Justice, labor ‘‘maintains the fabric of the
and deprives communities of much-needed away employee identifying information world.’’ We are called to recognize the value
revenue through tax evasion. to union bosses. of people’s human labor, thereby honoring
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H887
the dignity of work as a path to growth, Now, let’s make no mistake about it. rest of us, we urge the U.S. House of Rep-
human development, and personal fulfill- The impact of these changes will, in- resentatives to pass the PRO Act.
ment. The PRO Act does just that by restor- deed, mean less freedom, less flexi- Sincerely,
ing workers’ rights to collectively bargain, AFL-CIO, Asian Pacific American Labor
bility, and over time, it will mean less Alliance (APALA), Climate Hawks Vote,
empowering them to negotiate for fair
wages, benefits, retirement security, and prosperity. As a result, Mr. Chairman, Courage Campaign, CREDO Action, Daily
protection from discrimination and harass- I am voting ‘‘no.’’ Kos, Economic Policy Institute Policy Cen-
ment. We urge a YES vote on the PRO Act to Mr. SCOTT of Virginia. Mr. Chair- ter, Friends of the Earth Action, National
achieve fairness and justice for man, I yield 11⁄2 minutes to the gentle- Employment Law Project, People For the
disenfranchised working people. woman from Washington (Ms. American Way, Public Citizen’s Global Trade
Labor union participation has fallen pre- JAYAPAL), the co-chair of the Progres- Watch.
cipitously over the years: from a third of Ms. JAYAPAL. Mr. Chair, I also in-
wage and salaried workers in the United
sive Caucus and distinguished member
of the Committee on Education and clude in the RECORD a letter from the
States to just 10.7 percent, as of 2017. Pro-
tecting the right to freely associate and or- Labor, and a lady who knows, by every CWA on how unions reduce income in-
ganize at the workplace has been proven to measure, that economic progress was equality.
help settle workplace disputes by restoring better under Obama than President COMMUNICATIONS WORKERS OF AMERICA,
the balance of bargaining power between em- Washington, DC, February 5, 2020.
Trump. DEAR REPRESENTATIVE: On behalf of the of-
ployers and employees. Workers and employ- Ms. JAYAPAL. Mr. Chair, I rise in
ers alike benefit from the institution of ficers and 700,000 members of the Commu-
labor protections through unions. Disputes
strong support today of the PRO Act. I nications Workers of America (CWA), I am
can be settled unfairly when the power dif- talk to people every day who take tre- writing to urge you to vote for H.R. 2474, the
ferential between the employer and em- mendous pride in the work that they Protecting the Right to Organize (PRO) Act,
ployee goes unchecked. Without the power of do, and, yet, many of these workers are when it comes before the House this week
collective bargaining, workers’ voices go un- facing terrible injustices on the job; and to oppose any amendments that would
heard and workers’ concerns go unheeded. weaken the bill. For CWA, this is the most
poorly paid; inadequately insured; har- important vote that has come before the
When Congress passed the National Labor assed; and often in workshops that are
Relations Act in 1953, they knew this. How- House of Representatives in years and our
dangerous and discriminatory. members are watching it closely.
ever, nearly every amendment to the law
Mr. Chairman, no one should have to The huge surge in economic inequality
since has undermined its spirit—making it
go to work and face injustice and be over the past quarter-century is related di-
harder for working people to form unions,
afraid to speak up. That is just not rectly to many workers’ lack of a strong
chipping away at workers’s rights, and
voice on the job. Over that time, wages have
harming the economy. The PRO Act would right.
stagnated for workers across the economy,
expand the full force of protections once of- The PRO Act makes it clear that we while income has skyrocketed for CEOs and
fered by the NRLA. are putting power back into the hands the wealthiest 1%. By 2012, the wealthiest 1%
The PRO Act would: shield workers from
retaliation when they exercise their right to
of workers; and that we are ensuring made 22.5% of national income, while the
and expanding workers’ rights to orga- bottom 90% of families made less than half
form a union, end mandatory arbritration in
nize. Let’s be clear that that benefits of national income—just 49.6%.
contracting, and apply a clear, fair standard
everybody. Unionized women earn During that same time period, union den-
of protection nationwide which ‘‘right to
sity has declined substantially. Since the
work’’ laws currently sidestep. wages that are 23 percent higher. Black early 1980s, the overall unionization rate has
The PRO Act would also: prevent further workers’ wages are 14 percent higher, been cut in half. This harms workers who are
erosion of the law by penalizing employers and Latinx workers’ wages are 21 per- unable to form unions directly, but it also
that don’t comply, and apply simple tests to cent higher than in nonunionized work- hurts other workers, as research by the Eco-
end misclassification of employees.
The PRO Act is a historic proposal that
places. nomic Policy Institute shows that higher
Young unionized workers more often union density increases wages for all work-
faithfully restores dignity to workers and
have health insurance, higher pay, and ers.
rightly appraises their value as full partici-
Moreover, the harm to workers caused by
pants in the workplace and in the economy. a retirement plan. That is why work- the lack of an organized voice on the job is
We urge you to vote YES to pass the Pro- ers’ approval for unions keeps rising. not limited simply to compensation. Work-
tecting the Right to Organize Act (H.R. 2474).
Mr. Chairman, every worker deserves ers who form unions have stronger protec-
Mrs. TRAHAN. Mr. Chair, it is time a fair and safe workplace, and that is tions against discrimination and retaliation,
to pass the PRO Act. what the PRO Act does. enhanced job security, better retirement
Ms. FOXX of North Carolina. Mr. benefits, and more effective ways of com-
Mr. Chair, I include in the RECORD a bating practices that jeopardize their health
Chairman, I yield 11⁄2 minutes to the petition signed by over 63,000 commu-
gentleman from South Dakota (Mr. and safety on the job.
nity members in support of the PRO Unfortunately, the National Labor Rela-
JOHNSON). Act. tions Act (NLRA) does not currently include
Mr. JOHNSON of South Dakota. Mr. FEBRUARY 4, 2020. protections strong enough to ensure that
Chairman, I rise in opposition to the Re Delivery of signatures regarding the U.S. workers are able to effectively exercise their
misnamed Protecting the Right to Or- House of Representatives’ floor vote on right to organize, bargain collectively, and
ganize Act. the Protecting the Right to Organize have a strong voice on the job. The NLRA’s
The American economy is thriving Act. penalties are ineffective and insufficient,
by almost any economic measure, and Chairman BOBBY SCOTT, amounting to little more than a vague
threat of a slap on the wrist to employers
it seems as though an important job of House Education and Labor Committee,
Washington, DC. who violate the NLRA. As a result, workers
Congress would be to continue to sup- are routinely illegally disciplined or even
port the workers, the employers, and DEAR CHAIRMAN BOBBY SCOTT: Please ac- fired for exercising their NLRA rights, with
the jobs that have been powering this, cept over 63,000 signatures from community little to no consequence for the bad actors.
the longest economic expansion in members across the country on behalf of a Just as concerning is what is actually per-
coalition of 11 advocacy, climate, labor, and mitted under the NLRA. Employers can hold
American history. trade organizations advocating for the pas-
What we shouldn’t do is act to re- ‘‘captive audience’’ meetings, in which ex-
sage of the Protecting the Right to Organize ecutives can and do force workers to attend
strict State flexibility, worker flexi- (PRO) Act. We ask that your office enter this hours-long meetings in which management
bility, and worker choice. Unfortu- letter and the accompanying signatures into berates and intimidates workers who want to
nately, the PRO Act eliminates the the public record. We thank you, Chairman organize. Employers can and do also fail to
State’s ability to decide that they Scott, for your introduction and support of negotiate fair first contracts, preventing
want to be a right-to-work State; and this historic legislation. workers who form unions from ever securing
unfortunately, the PRO Act hurts the Our coalition believes that working class a collective bargaining agreement. As a re-
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franchise sector by imposing an aggres- and middle class families in the United sult, many workers are deterred from fight-
States deserve income security and should be ing to exercise their rights in the first place.
sive new joint employer rule; and un- able to organize their co-workers to demand The PRO Act would strengthen the NLRA
fortunately, the PRO Act hurts work- living wages and healthy working condi- and, in so doing, empower workers across the
ers who are involved in the gig econ- tions. country. The PRO Act would:
omy by enacting unreasonable restric- In a time when the richest Americans’ Strengthen remedies for workers who face
tions on who can be an independent wealth growth has increased by over 200 per- illegal retaliation, including swift temporary
contractor, and how they can work. cent while wages remain stagnant for the reinstatement for workers who are illegally
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H888 CONGRESSIONAL RECORD — HOUSE February 6, 2020
suspended or fired, real financial penalties, failed policies of the Obama adminis- committee where Members helped
and the clarification of their ability to have tration, the very policies that led to so strengthen it and ensure broad support
their day in court; many years of stagnation. across our caucus.
Clarify coverage of the NLRA to prevent
My message to my friends on the In addition to banning employers
the misclassification of workers as inde-
pendent contractors; other side is clear: Do not betray the from forcing workers to participate in
Protect the integrity of union elections American worker. Do not turn back anti-union activities—perhaps my
against coercive captive audience meetings; the clock. Vote ‘‘no’’ on the PRO Act. friends in the House who believe in
Ensure that the National Labor Relations Mr. SCOTT of Virginia. Mr. Chair- freedom think maybe that is wrong. I
Board’s orders are enforced in a timely man- man, I yield 1 minute to the gentleman don’t know. We will see—the PRO Act
ner; from Maryland (Mr. HOYER), the distin- ends the practice of management
Protect workers’ right to strike for basic
guished majority leader of the House of misclassifying workers in order to deny
workplace improvements;
Ensure that workers and employers are Representatives. them benefits and fair pay. I challenge
able to reach fair deals for a first contract by Mr. HOYER. Mr. Chairman, I thank anybody to get up and say that doesn’t
establishing mediation and arbitration pro- the gentleman for yielding. happen.
cedures; I have not been on the floor to hear It puts the National Labor Relations
Strengthen the ability of workers and com- all of the debate, but it is interesting Board back on the side of workers,
panies to negotiate contracts that include to hear how proworker the debate is stopping the Trump administration’s
fair share fees that cover the basic costs of use of that board to subvert workers’
from a party that has been responsible
representation and bargaining; rights. When they say ‘‘deregulation,’’
Safeguard the rights of all workers to en- for opposing workers’ protections,
gage in employment-related class action liti- workers’ wages, minimum wages, and regulation is making sure workplaces
gation. almost every other thing that lifted are safe; making sure that products
The PRO Act would ensure that workers’ workers up. that are sold are safe—that is regula-
right to a voice on the job would be pro- I will remind my friends on the other tion—making sure that automobiles
tected. In doing so, it would help combat side of the aisle that the best times for are safe to be on the road. That is regu-
skyrocketing economic inequality and lation.
the middle class were when the unions
strengthen the middle class. Therefore, I By the way, we all know about regu-
strongly urge you to vote for the PRO Act. had the largest number of members.
Why? Because employers could not just lations. We watch a football game. It is
CWA will include votes on this bill and any
tell them: You are going to get this. a regulation that you can’t cross the
amendments that would undermine the bill
in our Congressional Scorecard and this is No, there had to be a bargaining say- line until the ball is hiked. That is reg-
the single highest priority vote for CWA and ing: Look, we are making a lot of prof- ulation. It makes the game fair. This
our members of the 116th Congress. its. We want to share in those profits bill strengthens unions’ hands in nego-
Thank you in advance for your consider- because we enabled those profits. tiations by prohibiting employers from
ation. hiring permanent replacements for
So, yes, we are for giving workers the
Sincerely, striking workers. In other words, do it
DAN MAUER, right to organize. We are for everybody
who benefits from that, paying part of my way, kid, or get out.
Director of Government Affairs, That is the way it used to be before
Communications Workers of America (CWA). the taxes for that. There are a lot of
the 1930s where some people died walk-
Ms. JAYAPAL. Mr. Chair, I urge my people who don’t like the policies we
ing lines. They were trying to picket or
colleagues to vote ‘‘yes’’ on this bill pursue. But they have to pay taxes be-
trying to make the case for their em-
today. cause the majority decides that that is
ployees. Yes, some people died, and
Ms. FOXX of North Carolina. Mr. what we are going to do. And that is
some people bled so that other workers
Chair, I yield 2 minutes to the gen- the policy of the United States. And
would have a fair shot, fair pay, safe
tleman from Alabama (Mr. BYRNE). you can’t say: Well, I don’t like the
workplace, and some long-term secu-
Mr. BYRNE. Mr. Chairman, I thank policy, so I am not going to pay.
I rise in very strong support of this rity.
my friend, the distinguished ranking In short, the PRO Act is the workers’
member, for yielding. bill. This is a bill about the middle
rights legislation our Nation has been
Mr. Chairman, there is one reason we class. This is a bill about working peo-
waiting for. If we are for the middle
are here today and one reason alone. It ple. You talk a lot about working peo-
class, we need to make sure that the
is not to protect American workers. ple. This is what lifts up working peo-
middle class has some bargaining
No, it is to protect big labor and their ple, giving them some ability to nego-
power. It is the legislation our country
bosses. tiate on somewhat of an equal plane.
needs to confront the assault of unor-
There is so much real work to be Mr. Chairman, I rise in strong sup-
ganized labor that has been ramped up
done. We should be working to em- port of this legislation which will pro-
under this antiworker President.
power American workers, to modernize tect workers’ rights to organize and
our employment laws, and to meet the bargain collectively. That right is at b 1630
demands of the 21st century economy. the heart of American opportunity. When we have strong unions, work-
Instead, with this legislation, my Furthermore, I would suggest there is ers—even those not in unions—end up
friends on the other side want to turn not a robust democracy in the world with higher wages, better healthcare,
back the clock and try to force power that does not have a trade union move- more secure retirement benefits, and
back into the hands of union bosses. ment. It is what made prosperity pos- safer workplaces.
Make no mistake, this bill is a mas- sible for generations of working people They had to fight for that, and as I
sive job killer. It will wipe out right- and their families. said, some people died for that. That is
to-work laws which have now been This administration and Republicans why we need legislation like the PRO
adopted in a majority of States in this in Congress have been working to un- Act.
country. It will close small businesses. dermine that right and erode the pro- When the Democratic-led House
It will allow union bosses the freedom tections won by the workers’ rights passes this bill, it will join other
to coerce American workers, and it will movement. Today, I am proud to bring proworker legislation waiting for ac-
force millions to pay union dues this legislation to the floor to make it tion in the Senate. These include the
against their consent. clear that Democrats will not allow Raise the Wage Act to bring the Fed-
For some reason, my friends on the that to happen. eral minimum wage up to $15. There is
other side refuse to see the results of We stand with the men and women of not one of us who could live on $15 an
the proworker Trump agenda. When organized labor, and all workers who hour, but we have kept, over the 12
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government gets out of the way, when benefit through their efforts, and we years that the Republicans were in the
we put down the regulatory pen, when will fight on their behalf to protect majority, $7.25 as the minimum wage. I
we let the American economy work, workers’ rights. challenge anybody in this House to live
American ingenuity will lead the I want to thank Chairman BOBBY on $7.25 an hour for 40 hours.
world. SCOTT of the Education and Labor We ensured equal pay for women in
At a time of record prosperity, they Committee for introducing this legisla- the Equality Act, which bans discrimi-
propose we bring back many of the tion and shepherding it through the nation against LGBT workers. Martin
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H889
Luther King said to judge on the con- member of the Democratic majority dation, and deception by union orga-
tent of character and effort, not on who voted for that had public financing nizers. Just consider the presentment
some extraneous character trait that of their own congressional campaigns in the recent Pennsylvanian case that
may have nothing to do with whether with corporate fines. The corporate included The Helpful Union Guys. That
you can perform the job. fine provision in this bill could create a is an acronym. Figure it out. There
We also passed the Butch Lewis Act circumstance where a business com- were charges of racketeering, assault,
to protect multiemployer pension mits an unfair labor practice and the and arson.
funds, as well as the SECURE Act to civil penalties get directed to Members Making matters worse, the bill vast-
help more workers save for a secure re- of Congress’ campaigns, not to victims. ly restricts the right to secret ballot
tirement. This is irresponsible. elections in favor of the organization
Let’s not forget we passed legislation The joint employer standard that is by card-check process, providing the
protecting coverage for Americans codified in this law is wrong. union leaders with access to a list of
with preexisting conditions. The Presi- Mr. Chairman, reconsider this legis- all employees who did not support or-
dent said he was for preexisting condi- lation. Let’s work together to actually ganization efforts and all of their con-
tions, but he wanted to repeal the Af- come up with solutions. tact information.
fordable Care Act. They tried, and they Mr. SCOTT of Virginia. Mr. Chair- My colleagues on the other side of
had a big celebration down at the man, I yield 1 minute to the gentleman the aisle held up the USMCA deal to
White House right after they passed it from Pennsylvania (Mr. CARTWRIGHT), ensure the right to secret ballot union
from the House to the Senate. who is the co-chair of the House Demo- elections for Mexican workers but, just
Guess what happened 2 weeks later? cratic Policy and Communications weeks later, are voting to strip those
The President said: That is a mean bill. Committee. same rights away from American work-
Check the RECORD, Mr. Chairman. All Mr. CARTWRIGHT. Mr. Chairman, I ers. What is good for Mexican workers
of these bills are sitting on Senator rise today to urge my colleagues to is not good for American workers, ap-
MITCH MCCONNELL’s desk. I call on Sen- vote ‘‘yes’’ on the PRO Act, the Pro- parently.
ator MCCONNELL to restore democracy tecting the Right to Organize Act. This bill rewrites the definition of
and let Senators vote. The right to organize in this country ‘‘employee’’ and ‘‘employer’’ so that
I urge my colleagues to send the PRO has become a fundamental right. It is they completely eliminate the gig
Act to the Senate with strong support. one of the core pillars of the American economy, independent contractors, and
This is proworker, pro-middle class, middle class. the franchise model, and it will dis-
profamily, and pro-American. Vote Nowhere do we understand that bet- proportionately impact small busi-
‘‘yes.’’ ter than in my home area of north- nesses.
Ms. FOXX of North Carolina. Mr. eastern Pennsylvania, where we re- The estimated combined cost of the
Chair, I have to say that saying that member that, almost 100 years ago, an- provisions in this bill is $47 billion an-
this is the most antiworker President thracite coal miners went out on strike nually on employers, necessarily re-
ever in the country is just pretty far to protest unsafe working conditions, sulting in loss of jobs, reduction of
off the mark. And we are, on our side of children in the mines, terrible wages, wages, and higher consumer costs.
the aisle, I believe, the most proworker and bad conditions generally. They Yet again, the majority is placing
people in the Congress. have made fair wages and safe work- special interests of union bosses above
American workers have the right to places. They wove them into the fabric the American people.
organize, and Republicans support that of American law. Mr. Chairman, as a person who went
right. This bill is not needed to protect This is all because they had the right to vocational and technical school and
those rights. to organize, and that is what we are worked manual labor jobs, I urge a
Mr. Chair, I yield 11⁄2 minutes to the here to do. Today, we strengthen and ‘‘no’’ vote for this bill.
gentleman from Illinois (Mr. RODNEY preserve the right to organize through Mr. SCOTT of Virginia. Mr. Chair-
DAVIS). the Protecting the Right to Organize man, I yield 1 minute to the gentle-
Mr. RODNEY DAVIS of Illinois. Mr. Act. Let’s vote ‘‘yes’’ on it. woman from California (Ms. LEE). She
Chairman, I thank the ranking mem- Ms. FOXX of North Carolina. Mr. is someone who has read the bill and
ber, who has fought hard on this legis- Chairman, I yield 2 minutes to the gen- knows that civil fines in the bill are
lation that I want to talk to you about tleman from Pennsylvania (Mr. paid to the U.S. Treasury, not to the
today. PERRY). unions victimized by unfair labor prac-
It is very interesting to stand here Mr. PERRY. Mr. Chairman, I thank tices.
and listen to my colleagues and me the gentlewoman from North Carolina Ms. LEE of California. Mr. Chairman,
talk about refereeing and talking for the opportunity. first, let me thank Chairman SCOTT for
about regulations. Sometimes, ref- Mr. Chairman, if the majority be- yielding, but also for his tremendous
ereeing doesn’t get it right when it lieved its own rhetoric surrounding leadership on behalf of American work-
comes to sporting events, and it is dis- this legislation, it would have been a ers.
appointing today because I stand here day one priority. Instead, they brought I rise in strong support today of the
as somebody who has worked with, sup- this legislation up in the shadow of im- PRO Act. This bill protects the basic
ported, and been supported by many peachment to conceal the harm it right to join a union by giving millions
members of organized labor, my friends would impose on working-class Ameri- of workers protections to organize, ne-
in the building trades and my friends cans. gotiate better pay, and a strong voice
the airline pilots and the air traffic This legislation explicitly eliminates on the job.
controllers. I would use the rest of my the employer as a party in the election Unions are vital to the health of our
time if I talked about all the men and process determining whether the work- economy and our community. They
women in organized labor whom we place is unionized, limiting the ability help reduce racial and economic in-
have worked with to try to come up of workers to understand the full im- equality, boost pay, and increase bene-
with bipartisan solutions. plications of any decision at hand. fits for workers.
Despite my strong record of sup- Worse, it requires the employer to Unfortunately, antiworker attacks
porting Davis-Bacon, PLAs, and ensur- hand over the workers’ private, per- have seriously weakened our unions
ing workers have the means to sonal information to organizers, in- and our middle class. Union member-
unionize, I have to oppose this bill. cluding their home addresses, listed ship is at an all-time low, and workers
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The Democrat majority has brought phone numbers, personal email ad- are scared even to organize or join a
to the floor another bill that has no dresses, et cetera, without the consent union. That is so shameful.
chance of becoming law. It is a mes- of the employee or the ability for em- We must protect workers’ rights to
saging bill, and it has a couple of provi- ployees to opt-out. organize and improve the quality of
sions that I really have to highlight. This information sharing subjects life for themselves and their families.
Last year, the Democrat majority every single employee to the well-docu- That is why this bill is so important.
proposed in H.R. 1 that every single mented tactics of harassment, intimi- The PRO Act strengthens the power of
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H890 CONGRESSIONAL RECORD — HOUSE February 6, 2020
all workers to join a union and hold Lastly, the PRO Act would eliminate state sponses, McDonald’s continues to distance
wealthy corporations accountable. right to work laws. Secretive special interest itself from responsibility for the sexual har-
Mr. Chairman, I include in the groups and their billionaire funders push assment in its franchise-run stores. When an-
RECORD two letters from labor groups these laws in an effort to give corporations nouncing new policies to respond to sexual
more power at the expense of everyday pro- harassment, McDonald’s has carefully noted
in support of this PRO Act. These let-
fessionals. We must learn from the experi- that the new plans apply only to corporate-
ters are from the Department for Pro- ence of the past seven decades, which has owned stores; franchise-run stores were en-
fessional Employees, Coalition of shown that people in states with right to couraged, but not required, to have similar
Labor Union Women, Equal Rights Ad- work laws have lower wages and reduced ac- policies. At the same time, McDonald’s sets
vocates, National Employment Law cess to quality health care and retirement policies for its franchise-run stores that de-
Project, National Partnership for security. termine so many details of the work—down
Women and Families, National The experience of the more than four mil- to the kind of pickles on a hamburger—pre-
Taskforce on Tradeswomen’s Issues, lion professional, technical, and other highly cisely so that any difference between cor-
National Women’s Law Center, and Ul- skilled workers who make up DPE’s 24 na- porate and franchise stores is undetectable.
tional unions demonstrates that working In fact, McDonald’s corporate identity is so
traViolet. people do better when they can negotiate intertwined with franchise operations that
DEPARTMENT FOR PROFESSIONAL
collectively for better pay and improved many workers do not even realize they are
EMPLOYEES, AFL–CIO,
working conditions. That is why a majority working in a franchise-run store—just as
Washington, DC, February 4, 2020.
of nonunion professionals want to join to- customers do not notice any difference, ei-
Re H.R. 2474, the Protecting the Right to Or-
gether with their colleagues and negotiate ther. McDonald’s wants it both ways: to
ganize (PRO) Act.
with their own employers. And it is why I closely control the product and reap the ben-
DEAR REPRESENTATIVE: On behalf of the 24 urge you to support the PRO Act when it efits of its brand in franchise-run stores but
national unions in the Department for Pro- comes before you for a vote on the House not to have any of the liability when work-
fessional Employees, AFL–CIO (DPE), I urge floor. ers whose day-to-day work is dictated by
you to support H.R. 2474, the Protecting the Sincerely, this corporate control are harassed.
Right to Organize (PRO) Act, and to oppose JENNIFER DORNING, The McDonald’s workers who have come
any weakening amendments and any Motion President. forward to make their industry better for
to Recommit when the House of Representa- millions of other women deserve the chance
tives considers this bill. The PRO Act will FEBRUARY 6, 2020. to improve their lives using the tools that
ensure that professionals can exercise their Re Protecting the Right to Organize (PRO) the PRO Act provides, and so do all working
right to join together in union and negotiate Act (H.R. 2474). people employed at franchise establish-
collectively with their employers by restor- ments. Unions can help create a safe and
ing the original intent of the National Labor DEAR REPRESENTATIVE: The undersigned
organizations write in support of the Pro- healthy workplace for all working people.
Relations Act (NLRA). Working people with a union may be better
DPE knows from our 2016 national survey tecting the Right to Organize (PRO) Act
(H.R. 2474) and in opposition to any amend- able to raise harassment concerns because
of nonunion professionals that a majority of
ment that would deny the bill’s protections collective bargaining agreements can pro-
professionals want to join together in union.
to the approximately 9.2 million working vide increased protection from firing and re-
Unfortunately, in too many instances, em-
people in franchise employment in the taliation than are available to most non-
ployers are able to violate the NLRA and
United States. The PRO Act is an important union workers—and if harassment or retalia-
deny professionals their right to form a
measure that will improve the lives of mil- tion does occur, individuals may have more
union with their colleagues.
The PRO Act will help ensure all profes- lions of working people and their families by mechanisms to challenge unjust employer
sionals can achieve their right to join to- streamlining the process for forming a actions.
gether in union and negotiate collectively union, ensuring that new unions are able to The PRO Act is critical for women and
with their employers to improve their lives negotiate a first collective bargaining agree- their families because collective bargaining
and their workplaces. The legislation mod- ment, and holding employers accountable increases women’s equality at work. Women
ernizes the NLRA so that it has remedies when they violate workers’ rights. These in unions are more likely than their non-
consistent with other workplace laws, ending rights are especially critical for women, who union counterparts to receive higher and
the perverse incentive that exists currently not only disproportionately benefit from more equal pay, better health care and pen-
for employers to break the law. Companies union representation, but who make up 6 out sion benefits, and greater protections
and individual corporate officers will be sub- of 10 low-paid workers in the United States against discrimination on the job.
ject to financial penalties if they violate the toiling in jobs that are in desperate need of We urge you to support the PRO Act and
NLRA, and professionals will have the abil- union protections. reject attempts to weaken this bill by chang-
ity to bring their cases to federal court. Fur- Of the 9.2 million people who work in fran- ing the joint employer standard to leave be-
ther, the PRO Act will provide for fair union chise employment, the largest share by far hind millions of franchise workers.
elections. The bill will also stop employers works in the restaurant and fast food indus- Sincerely,
from hiding behind a subcontractor or other try—approximately 5 million people. The Coalition of Labor Union Women, Equal
intermediary, or deliberately misclassifying consequences of shielding these corporate Rights Advocates, National Employment
professional employees as supervisors or franchisors from taking responsibility for Law Project, National Partnership for
independent contractors to evade their em- employees they jointly control would be felt Women & Families, National Taskforce on
ployer responsibilities. by some of the most vulnerable and lowest- Tradeswomen Issues, National Women’s Law
Recognizing that professionals can only paid working people. Over half of employees Center, UltraViolet.
fully realize the value of joining together in in the U.S. fast food industry are women, and Ms. LEE of California. Mr. Chairman,
union when they have a written contract, around one-quarter are raising children. The I ask for a ‘‘yes’’ vote for our workers
the PRO Act will also put a stop to employ- fast-food industry is notorious for workplace
and a ‘‘yes’’ vote for this bill.
ers using tactics that prevent employees abuse: according to one recent survey, for ex-
ample, over 40 percent of women in the fast- Ms. FOXX of North Carolina. Mr.
from achieving a union contract. The legisla-
tion establishes a process for mediation and food industry face sexual harassment on the Chairman, I yield myself such time as
arbitration to assist employers and their em- job, which can lead to negative physical and I may consume.
ployees with reaching agreement on a first mental health impacts, job insecurity, and Mr. Chairman, among the PRO Act’s
contract. A written contract—just like CEOs major life disruption. Carving franchise em- most harmful provisions is the ABC
have—is how union professionals can guar- ployment out of the protections of the PRO test to determine employee status.
antee pay and benefits, ensure a voice in de- Act would allow franchisors to continue to Like many of the Democrats’ worst
cisions affecting them at work, and secure shirk their responsibilities to these working
ideas, the ABC test was enacted in
pathways to sustain their careers. people. For collective bargaining to be most
The PRO Act also recognizes that profes- meaningful and effective, every entity with California in a law known as AB5 and
sionals must be able to picket or withhold control over workers’ jobs must be at the is already causing pain since going into
their labor in order to have the power nec- bargaining table. effect on January 1 of this year.
essary to improve their workplaces. The leg- For instance, the Time’s Up Legal Defense Last week, hundreds rallied to repeal
islation will prevent employers from hiring Fund, the ACLU, Fight for $15 and others are the law. One worker said: ‘‘I worked
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permanent replacement workers in instances supporting courageous McDonald’s workers years to gain my skill as an American
when professionals decide they have no who are speaking out about the sexual har- Sign Language interpreter. It was my
choice but to go on strike. In addition, non- assment they face working at corporate and
goal since I was 9 years old. After AB5,
union professionals will be able to engage in franchise-run stores. These allegations in-
collective action to enforce basic workplace clude vile verbal abuse, groping, stalking, I lost all three of my agencies. The
rights, instead of being required to pursue and assault, including of teenagers, as well dream I worked for is lost. I can’t pro-
justice on their own through employer-fa- as swift retaliation for workers who speak vide for my family, and thousands of
vored arbitration proceedings. out about harassment. In its public re- California deaf won’t be serviced.’’
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H891
One artistic director at last week’s It is hard for me to believe that a Mr. ROSE of New York. Mr. Chair-
rally summed it up for the Chico En- party that purports to look out for man, I include in the RECORD letters of
terprise-Record: ‘‘We are not stupid. women and that sort of thing is going support for the PRO Act from the
We do not need to be saved from our- to turn around and pass a bill saying TWU, ATU, and AFSCME.
selves. We can negotiate our own con- we are going to hand out everybody’s TRANSPORT WORKERS UNION OF
tracts. AB5 is insulting.’’ address. AMERICA, AFL–CIO,
Mr. Chair, this is the reaction of Washington, DC, February 3, 2020.
California workers who are being b 1645 DEAR REPRESENTATIVE: On behalf of more
harmed by a section that will be in this Mr. SCOTT of Virginia. Mr. Chair- than 151,000 members of the Transport Work-
piece of legislation. man, I yield 1 minute to the gentleman ers Union (TWU), I am writing to urge you to
Mr. Chair, I reserve the balance of support the passage of Protecting the Right
from Illinois (Mr. LIPINSKI), who knows
to Organize (PRO) Act (H.R. 2474), as well as
my time. that Social Security numbers are not to oppose any weakening amendments or
Mr. SCOTT of Virginia. Mr. Chair- available under this bill, but the same motion to recommit. As written, his bill di-
man, can you advise how much time is information that the Trump NLRB cur- rectly addresses the needs of the middle-
remaining on each side? rently provides is in the bill. class in the 21st century and will help ensure
The Acting CHAIR. The gentleman Mr. LIPINSKI. Mr. Chairman, I that our next generation economy is one
from Virginia has 111⁄4 minutes remain- thank Chairman SCOTT. that puts working families first.
ing. The gentlewoman from North Our labor laws are designed to provide ac-
I am a proud supporter of the hard- cess to the time-tested process of collective
Carolina has 21⁄2 minutes remaining. working men and women of our Nation,
Mr. SCOTT of Virginia. Mr. Chair- bargaining. Under the National Labor Rela-
and no one does more for American tions Act, certain workers, through their
man, I yield 1 minute to the gentleman
workers than organized labor. Workers elected representatives, negotiate directly
from Massachusetts (Mr. LYNCH), who
standing together and bargaining col- with their employer over the terms of their
is a strong supporter of workers and labor. How often will they work? How much
lectively have been instrumental in
who hails from one of the majority of will they be paid? What benefits will they re-
building our country and our middle
States that have an ABC test. ceive beyond their salary? Through collec-
Mr. LYNCH. Mr. Chairman, I thank class for more than a century. Unions
tive bargaining, these questions are an-
the gentleman from Virginia (Mr. helped bring tens of millions of good- swered in a unique way for each work group
SCOTT) for yielding me this time. paying jobs to Americans by working and at each company. This is an incredibly
Mr. Chairman, I rise in strong sup- for fair and safe workplaces and better flexible process that has allowed TWU to
port of H.R. 2474, the Protecting the wages and benefits. successfully negotiate contracts for every-
Right to Organize Act. As a former— In Chicagoland, we are fortunate to one from flight attendants to mechancis to
have many labor unions fighting every railroad inspectors to bus operators to
well, I am still an ironworker. I still bikeshare workers.
pay my dues every single month. day to improve the lives of workers and In the nearly 75 years since Congress last
I strapped on a pair of work boots for their families. Across my district, took action to substantially reform our
about 20 years as an ironworker and thousands display a lawn sign created labor laws, our economy has undergone sig-
eventually worked my way up to be- by Chicago Federation of Labor that nificant changes. However, the central role
come president of Ironworkers Local 7 reads, ‘‘Proud Union Home.’’ that workers play in generating wealth for
in Boston. So I guess that makes me a But, sadly, some are now trying to our nation has not changed. While Facebook
union boss, as I have been referred to hinder collective bargaining and under- bikeshare workers (TWU members since 2019)
previously. I am organized labor, I may be employed at a company and in a job
mine the National Labor Relations Act
that did not exist in 1947, they still deserve
guess. just at a time when workers need the right to collectively bargain to improve
I have seen firsthand how employers greater protection. their compensation and benefits. The re-
have used intimidation and threats to Mr. Chair, today, I urge my col- forms in the PRO Act will ensure that
punish and deter workers from the leagues to support American workers, gSains in the 21st century economy include
right to join a union, to seek safe con- support American prosperity, and vote working families.
ditions at work and fair wages, and to to pass the PRO Act. The proportion of unionized workers in the
have a voice in the workplace. U.S. is at a 90-year low because of structural
Mr. SCOTT of Virginia. Mr. Chair- hurdles which make joining a new union
This bill before us takes direct aim man, I yield 1 minute to the gentleman
at the abusive employer practices by very difficult. Companies misclassify work-
from California (Mr. RUIZ). ers as independent contractors, engage shell
closing loopholes in existing law, es- Mr. RUIZ. As labor goes, so goes companies to hire employees, and ignore our
tablishing civil penalties for retalia- America. labor laws on a daily basis in order to deny
tion, and ensuring new unions get their When workers’ rights are diminished, their workers the right to organize and col-
first contract. our middle class struggles. lectively bargain. Tactics like these have
Mr. Chairman, I urge all Members to driven down the percent of unionized work-
This economy has made millions and
vote in favor of this act. ers in the U.S. along with salaries and bene-
billions for millionaires and billion- fits for the middle class. Our era of historic
Ms. FOXX of North Carolina. Mr.
Chair, I yield 1 minute to the gen- aires, but middle-class families feel left income inequality can only be fixed by re-
tleman from Wisconsin (Mr. behind. Their wages fail to keep pace forming our outdated labor laws and empow-
GROTHMAN). with inflation, and workers struggle ering working families.
for better conditions. The PRO Act would directly address these
Mr. GROTHMAN. Mr. Chairman, I issues and give workers across the entire
am going to address on this bill some- That is why I urge the House to vote
economy equal access to the collective bar-
thing that I assume has been addressed for H.R. 2474, the Protecting the Right gaining process. In order ensure workers’
before but, nevertheless, of all the pro- to Organize Act, to strengthen and pro- rights keep pace with the new economy, the
visions of the bill I find most offensive. tect workers’ right to organize so they Transport Workers Union strongly urges you
Under this bill, the employers are re- can negotiate higher wages, fight for to to vote for final passage of H.R. 2474 and
quired to give the telephone number, better benefits, and protect themselves oppose any weakening amendments.
the email, and the address of each em- from abuse. Sincerely,
It was labor that first stood up for JOHN SAMUELSEN,
ployee. I do believe in the importance
workers’ rights; it was labor that built International President.
of protecting people’s privacy, and to
say that, by wanting to have a union America’s middle class; and it is labor AMALGAMATED TRANSIT UNION,
election, you have the right to find out that continues to fight to bring fair- Silver Spring, MD, February 3, 2020.
where every possible person lives I ness to our economy and improve the DEAR REPRESENTATIVE: On behalf of the
lives of hardworking middle-class fami- Amalgamated Transit Union (ATU), the larg-
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think is offensive, not to mention I
think it would be very scary to have lies. est union representing transit workers in the
somebody come home one night and Mr. Chair, I urge my colleagues to U.S., I am writing to urge you to vote in
support workers across the Nation by favor of the Protecting the Right to Organize
they find somebody there waiting for Act of 2019 (H.R. 2474).
them to talk about the union election. voting ‘‘yes’’ on the PRO Act today. Public transit employees work under dif-
You have to wonder what are these Mr. SCOTT of Virginia. Mr. Chair- ficult circumstances. Bus drivers work long
people doing here. And then you are: man, I yield 1 minute to the gentleman shifts, refraining from drinking water be-
Oh, they are here to deal with this. from New York (Mr. ROSE). cause they don’t get adequate time to use
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H892 CONGRESSIONAL RECORD — HOUSE February 6, 2020
the restroom. Operators frequently get as- tections and good working conditions, the step to restoring the power of the
saulted by angry passengers who don’t want products and services that they provide are American middle class, raising wages,
to pay increased fares for reduced service. better. This is good for the company, con- improving benefits and working condi-
Transit maintenance employees do their jobs sumers and the economy.
tions, and tackling income inequality.
under dangerous conditions, from the ga- According to a study by David Madland at
I have spent most of my career help-
rages they work in, to the tools they use, to the Center for American Progress (CAP),
the air they breathe. there is a direct correlation between the ing workers form unions and bargain
Often times when low paid transit employ- strength of unions and the middle class. collectively, so I know firsthand the
ees attempt to improve their standard of liv- Union membership rates have fallen over the power that comes with the ability to
ing by joining a union, they are thwarted by past 50 years, along with the share of income organize.
ruthless multinational companies which do that goes to the middle 60 percent of Amer- Union workers make, on average, 13
everything they can to squash workers’ ican households. In 1968, this group of house- percent more than their nonunion
dreams, and current U.S. Labor Laws author- holds brought home 53.2 percent of national counterparts; they are 27 percent more
ize and enable them to do so. income. That same year, 28.2 percent of likely to be offered health insurance
Private transit employers regularly vio- American workers were union members. As
late the National Labor Relations Act through their employers; and they are
union membership rates began to slide down-
(NLRA) with no consequences. Workers are ward, so too did the share of income accruing
five times as likely as nonunion work-
forced to attend ‘‘captive audience’’ meet- to the middle class. In 2017, just less than 11 ers to have a real pension.
ings whose sole purpose is to convince them percent of American workers were unionized, Working families across this country
to vote against the union. Companies place and the middle 60 percent of households now who are trying to make ends meet need
massive pressure on the shoulders of low in- earn just 45.5 percent of national income, bigger paychecks, better benefits, and
come individuals with families and tell them barely up from 45.4 percent in 2016, a record a safe place to work where they are
lies about what it means to be in a union. low share. treated with respect. The PRO Act will
Sometimes, the companies hide behind For decades, abusive employers have been
definitions in the law to get their way. Last get us there, and I urge my colleagues
able to violate federal labor laws with rel-
year, in the case of SuperShuttle DFW, Inc. to support it.
ative impunity, making it more difficult for
v. Amalgamated Transit Union 1338, the Na- Ms. FOXX of North Carolina. Mr.
workers to organize and negotiate for fair
tional Labor Relations Board (NLRB) ruled pay, benefits and working conditions. The Chair, I reserve the balance of my
that a shuttle company’s drivers were cor- PRO Act builds upon collective bargaining time.
rectly classified as independent contractors, rights for private sector workers by expand- Mr. SCOTT of Virginia. Mr. Chair, I
making it difficult for gig-workers to be ing coverage to more employees. It increases have a couple of other speakers, but
classified as employees under the NLRA be- penalties for violations of workers’ rights. It they are not here now, so we are pre-
cause protected bargaining is only granted strengthens support for workers who suffer pared to close.
to traditional employees. retaliation and it prohibits employers from
Moreover, even when workers actually
Ms. FOXX of North Carolina. Mr.
interfering in union elections. Chairman, I yield myself the balance of
vote to join a union, the companies still AFSCME strongly urges Congress to pass
fight, working ruthlessly to decertify bar- my time.
the PRO Act. This bill will improve the Mr. Chair, for nearly 80 years, Fed-
gaining units and bust unions even before rights of workers, which will make our coun-
they get a chance to negotiate a first con- try stronger.
eral labor law has struck a careful bal-
tract. It never ends, and it is not a fair fight. Sincerely, ance among the rights of employers,
The PRO Act would modernize the NLRA employees, and unions, resulting in a
SCOTT FREY,
by bringing its remedies in line with other growing economy and greater pros-
Director of Federal Government Affairs.
workplace laws, imposing appropriate finan-
cial penalties on companies that violate the Mr. ROSE of New York. Mr. Chair, I perity. But the Democrats are seeking
code. It would also establish a process for rise today in support of the PRO Act to to upend that balance and radically tilt
mediation and arbitration to help the parties protect workers against an unprece- the playing field in favor of unions and
achieve a first contract, making the freedom dented tide of attacks on hardworking against workers and small businesses.
to negotiate a reality for countless workers Americans. We now have additional proof about
who form unions but never get to enjoy the
Unions are the backbone of our econ- the motivations of House Democrats
benefits of a collective bargaining agree- for advancing this radical special inter-
ment. It would generally provide a more omy, and, for too long, Congress has
watched as unions are trampled on in est legislation. It comes from Demo-
level playing field so that an increased num- crats’ most feared, Big Labor union
ber of workers could join unions and have a the name of shareholder value. Well, no
better chance to successfully fight for their more. boss, Richard Trumka, President of the
wages, benefits, and working conditions. For far too long, the Democratic AFL–CIO, who said the following yes-
On behalf of the members and potential fu- Party has treated unions as if they terday:
ture members of the ATU living in your con- Those who would oppose, delay, or derail
were fully owned subsidiaries, talking
gressional district, we urge you to support this legislation, do not ask us, do not ask the
H.R. 2474. Thank you for your consideration to them only during times of elections. labor movement for a dollar or a door knock.
of our views. Well, with this Congress, we say that We won’t be coming.
AFSCME, those days are no more.
That truly says it all. The PRO Act
Washington, DC, January 27, 2020. For too long, the Democratic Party
is all about serving the interests of
HOUSE OF REPRESENTATIVES, stood on the sidelines and watched
Washington, DC. union bosses at the expense of workers
nonunion members go to war with
DEAR REPRESENTATIVE: The American Fed- and business owners.
union members, all in the working Mr. Chair, I strongly urge my col-
eration of State, County and Municipal Em-
ployees (AFSCME) strongly supports passage
class and the middle class, and we had leagues to vote ‘‘no’’ on the PRO Act,
of the ‘‘Protecting the Right to Organize forgotten that, when the union move- and I yield back the balance of my
(PRO) Act’’ (H.R. 2474). As the largest public- ment works well, when the union time.
sector union, our members believe that all movement grows, the entire middle Mr. SCOTT of Virginia. Mr. Chair, I
workers, both private and public sector class prospers. Well, that ends today. yield myself such time as I may con-
workers, deserve the right to organize and With this bill, we reaffirm workers’ sume.
bargain collectively to improve their work- rights to organize a union and to nego- Mr. Chairman, the Protecting the
ing conditions. tiate higher wages and better benefits.
At a time when the economy is strong and Right to Organize Act is based on a
unemployment is low, there are still people By passing this bill, we uphold the bed- simple idea that hard work should pay
who have to work two or three jobs to make rock values of this country. off. Strong labor unions and collective
ends meet. Some workers cannot take time Mr. SCOTT of Virginia. Mr. Chair- bargaining rights have long ensured
off of work due to a cold or to take care of man, I yield 1 minute to the gentleman that workers receive a fair share of the
a sick family member because they will lose from Michigan (Mr. LEVIN), the vice
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profits that they have produced.
pay and won’t be able to cover rent or buy chair of the Committee on Education Unfortunately, decades of antiunion
food. When workers can form or join a union, and Labor. attacks have slowly eroded workers’
they can negotiate a contract that provides
Mr. LEVIN of Michigan. Mr. Chair, I collective bargaining rights, weakened
livable wages, paid leave, health insurance
and retirement benefits. Workers have pro- thank Chairman SCOTT for his incred- labor unions, and contributed to a dra-
tections if they are retaliated against by ible leadership on this bill. matic rise in income inequality.
their employer. They can demand safe work- Mr. Chairman, I am so proud to sup- When workers have the power to
place environments. When workers have pro- port the PRO Act. It is an essential stand together and form a union, they
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H893
have higher wages, better benefits, and taliated against workers for union activity. Coalition on Human Needs, Colorado Fiscal
safer working conditions. The pro- Finally, the PRO Act would give workers the Institute, Commonwealth Institute for Fis-
tecting the Right to Organize Act is an right to go to court on their own to seek re- cal Analysis, Congregation of Our Lady of
lief, bringing labor law in line with other Charity of the Good Shepherd, U.S. Prov-
opportunity for all of us to stand with workplace laws that allow for a private right inces, CWA, Demos, Domestic Violence Legal
workers and help build an economy of action. Empowerment and Appeals Project, Eco-
where everyone can succeed. 2. Strengthening workers’ right to join a nomic Opportunity Institute.
Mr. Chair, I recognize the workers union and collectively bargain over working Endangered Species Coalition, Equal
and advocates, both here today and conditions. Though current federal law re- Rights Advocates, Fair World Project, Fam-
across the country, who have been crit- quires employers to bargain in good faith ily Values @Work, Farmworker Justice, Fis-
ical in bringing this legislation to the with the union chosen by their employees to cal Policy Institute, Friends Committee on
reach a collective bargaining agreement, em- National Legislation, Friends of the Earth,
floor. In that regard, I include in the ployers often drag out the bargaining process
RECORD a letter from 138 unions and Futures Without Violence, GoldenHours Con-
to avoid reaching an agreement. The PRO sulting, Greenpeace, Human Rights Watch,
civil rights and faith-based organiza- Act establishes a process for reaching a first Indiana Institute for Working Families, Indi-
tions in support of H.R. 2474. agreement when workers organize, employ- visible, Interfaith Worker Justice, Inter-
JANUARY 31, 2020. ing mediation and then, if necessary, binding national Association of Machinists and Aero-
DEAR REPRESENTATIVES: The undersigned arbitration, to enable the parties to reach a space Workers, International Association of
organizations support the Protecting the first agreement. The PRO Act would also Sheet Metal, Air, Rail and Transportation
Right to Organize (PRO) Act, as introduced allow employers and unions to agree upon a Workers (SMART), International Brother-
by Senators Patty Murray (D–Wash.) and ‘‘fair share’’ clause requiring all workers hood of Boilermakers, International Broth-
Jacky Rosen (D–Nevada), Representatives who are covered by the collective bargaining erhood of Teamsters, International Federa-
Bobby Scott (D–Va.), Frederica Wilson (D– agreement to contribute a fair share fee to- tion of Professional & Technical Engineers
Fla.), Andy Levin (D–Mich.), Pramila wards the cost of bargaining and admin- (IFPTE), AFL–CIO, International Organiza-
Jayapal (D–Wash.), and Brendan Boyle (D– istering the agreement, even in so called tion of Masters, Mates & Pilots.
Penn.). ‘‘right-to-work’’ states. Furthermore, the
International Union of Painters and Allied
The ability of working people to join to- PRO Act will help level the playing field for
Trades, IUE–CWA, Jobs With Justice, Jus-
gether to collectively bargain for fair pay workers by repealing the prohibition on sec-
tice in Motion, Kentucky Equal Justice Cen-
and working conditions is a fundamental ondary boycotts and prohibiting employers
ter, Labor Project for Working Families in
right. When working people join a union, from permanently replacing strikers.
partnership with FV@W, LAANE, Leadership
they have a voice on the job and the ability 3. Unrigging the rules that are tilted
Conference on Civil and Human Rights,
to collectively bargain for wages, benefits, against workers. Too often, employers
League of Conservation Voters, League of
and working conditions. Unions are crucial misclassify workers as independent contrac-
United Latin American Citizens (LULAC),
in fostering a vibrant middle class and reduc- tors because only employees have the right
Legal Aid at Work, Legal Aid Society of
ing income inequality. When unions are to organize under the NLRA. Similarly, em-
MFS, Louisiana Budget Project, Main Street
strong, they set wage standards for entire in- ployers will misclassify workers as super-
Alliance, MANA, A National Latina Organi-
dustries and occupations, they make wages visors to deprive them of their NLRA rights.
zation, Maritime Trades Department, AFL–
more equal within occupations, and they The PRO Act tightens the definitions of
CIO, Massachusetts Law Reform Institute,
help close racial and gender wage gaps. independent contractor and supervisor to
Michigan League for Public Policy, Mil-
For decades, however, that right has been crack down on misclassification and make
waukee Area Service & Hospitality Workers
eroding as employers exploit weaknesses in sure that all eligible workers are able to
Organization, NAACP.
the current law to interfere with workers’ unionize if they choose to do so. The PRO
Act also makes clear that workers can have National Advocacy Center of the Sisters of
rights—and face no real consequences for
more than one employer, and that both em- the Good Shepherd, National Asian Pacific
doing so. The result has been stagnant
ployers need to engage in collective bar- American Women’s Forum, National Con-
wages, unsafe workplaces, and rising in-
gaining over the terms and conditions of em- sumers League, National Domestic Workers
equality.
The PRO Act would go a long way toward ployment that they control or influence. And Alliance, National Education Association,
restoring workers’ right to organize and bar- in an effort to create transparency in labor- National Employment Lawyers Association,
gain collectively by streamlining the process management relations, the PRO Act would National Equality Action Team, National
for forming a union, ensuring that new require employers to post notices that in- Immigration Law Center, National LGBTQ
unions are able to negotiate a first collective form workers of their NRLA rights and to Task Force Action Fund, National Nurses
bargaining agreement, and holding employ- disclose contracts with consultants hired to United, National Organization for Women,
ers accountable when they violate workers’ persuade workers on how to exercise their National Partnership for Women & Families,
rights. rights. National Urban League, National Women’s
This is important because by bringing The time for the PRO Act is long overdue, Law Center, National Workrights Institute,
workers’ collective power to the bargaining and we cannot delay in working toward its NC Justice Center, NETWORK Lobby for
table, unions are able to win better wages passage. We call on Congress to enact this Catholic Social Justice, New Jersey Policy
and benefits for working people. On average, important piece of legislation as quickly as Perspective, New Orleans Workers’ Center
a worker covered by a union contract earns possible to ensure working people are paid for Racial Justice, Nonprofit Professional
13.2 percent more in wages than a peer with fairly, treated with dignity, and have a voice Employees Union.
similar education, occupation, and experi- on the job. OPEIU, Oxfam America, Patriotic Million-
ence in a nonunionized workplace in the Sincerely, aires, People’s Action, People For the Amer-
same sector. Moreover, when unions are Economic Policy Institute, National Em- ican Way, PFLAG National, Policy Matters
strong, they set wage standards for entire in- ployment Law Project, 1worker1vote, Ohio, PolicyLink, Pride at Work, Progres-
dustries and occupations, they make wages 350.org, 9 to 5, AFL–CIO, Alianza Nacional de sive Leadership Alliance of Nevada, Public
more equal within occupations, and they Campesinas, Inc., Alliance for Justice, Alli- Citizen, Public Justice Center, Restaurant
help close racial and gender wage gaps. Fi- ance for Retired Americans, American Asso- Opportunities Centers United, Service Em-
nally, there is a huge gap between the share ciation for Justice, American Family Voices, ployees International Union (SEIU), Sierra
of workers with union representation (11.9 American Federation of State, County and Club, SMART TD, South Florida Interfaith
percent) and the share of workers that would Municipal Employees, American Federation Worker Justice, Sugar Law Center for Eco-
like to have a union and a voice on the job of Teachers, AFL–CIO, American Income nomic and Social Justice, Transport Workers
(48 percent). The PRO Act would take a Life (AIL), American Income Life: Michael Union.
major step forward in closing that gap. Vasu Agency, Americans for Democratic Ac- UnidosUS Action Fund, Union Veterans
The PRO Act protects the right to join a tion (ADA), Asian Pacific American Labor Council, AFL–CIO, United Association of
union by: Alliance, AFL–CIO, Association of Flight At- Union Plumbers and Pipefitters, United
1. Imposing stronger remedies when em- tendants—CWA, Autistic Women & Non- Automobile, Aerospace and Agricultural Im-
ployers interfere with workers’ rights. Under binary Network (AWN), Bend the Arc: Jew- plement Workers of America (UAW), United
current law, there are no penalties on em- ish Action. Food and Commercial Workers International
ployers nor any compensation awarded to BlueGreen Alliance, California Reinvest- Labor Union, United Steelworkers (USW),
workers when employers illegally fire or re- ment Coalition, Campaign for America’s Fu- Verite, Voices for Progress, VoteVets, Wash-
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taliate against workers who are trying to ture, Catholic Labor Network, Center for ington State Labor Council, AFL–CIO, West
form a union. The PRO Act would institute American Progress, Center for Law and So- Virginia Center on Budget and Policy,
civil penalties for violations of the National cial Policy, Center for Popular Democracy, Women Employed, Workers Defense Project,
Labor Relations Act (NLRA) and would also Center for Public Policy Priorities, Centro Workers’ Rights Institute of Georgetown
require the National Labor Relations Board de los Derechos del Migrante, Inc., Child Law Center, Working America, Working
(NLRB) to go to court and get an injunction Labor Coalition, Claimant Advocacy Pro- Families Party, Working Partnerships USA,
to immediately reinstate workers if the gram, Metropolitan Washington Council Workplace Fairness, WV Citizen Action
NLRB believes the employer has illegally re- AFL–CIO, Coalition of Labor Union Women, Group.
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H894 CONGRESSIONAL RECORD — HOUSE February 6, 2020
Mr. SCOTT of Virginia. Mr. Chair, I establishes a process for mediation and arbi- the Chamber of Commerce as a ‘‘major
once again urge my colleagues to sup- tration to help the parties achieve a first threat’’ to American jobs, the bill’s faults are
port the legislation, and I yield back contract. It protects workers’ rights to orga- almost too numerous to count. Repealing state
nize a union and bargain for higher wages
the balance of my time. right-to-work laws, codifying harmful and bur-
and better benefits.
Ms. JOHNSON of Texas. Mr. Chair, I rise in Finally, the PRO Act would eliminate densome Obama-era regulations, and violating
strong support of H.R. 2474, the Protecting state right to work laws. These laws are sim- employee privacy are truly just the tip of the
the Right to Organize Act. This bill will go a ply designed to give more power to corpora- iceberg.
long way in restoring the right to organize for tions at the expense of workers and have had Democrats are selling this legislation as pro-
millions of hardworking Americans while hold- the effects of lowering wages and eroding worker, but, in fact, it’s the opposite. This bill
ing employers accountable for practices that pensions and healthcare coverage in states is anti-worker choice and freedom. They would
undermine collective efforts to improve the where they have been adopted. like you to believe that while they need secret
For all the above reasons, I respectfully
lives of their employees. ballot elections to choose their own Party
urge you to support the PRO Act and vote
Over the past few decades, our country has leadership, workers do not deserve that same
‘‘Yes’’ when this long overdue legislation is
seen profits for corporations and executive considered.’’ fundamental American right when voting to
pay rise exponentially. Sadly, this prosperity Labor unions are the backbone of our econ- unionize.
has failed to trickle down to the average work- omy. They have played a vital role in securing To see the potential effects of this legisla-
er. This is due to practices like union busting worker protections by allowing workers to col- tion look no further than California. AB5 is al-
used by employers and legislation such as lectively bargain for better wages and work ready wreaking havoc on small business and
right-to-work laws enacted by business-friendly environments. We must ensure the rights of independent contractors across the state.
state legislators. The lopsided employee—em- workers are protected, which I why I strongly Workers are having to reevaluate their careers
ployer relationship that has been created urge my colleagues on both sides of a isle to and livelihoods. The PRO Act includes all of
thanks to these actions has led to the greatest votes yes and pass the PRO Act. AB5’s flaws but none of its numerous
level of income inequality in my lifetime. I include in the RECORD a copy of Mr. Mar- carveouts.
As a dues-paying member of the American tinez’s letter. I urge my colleagues to vote no on H.R.
Federation of Government Employees Union, I 2474.
INTERNATIONAL ASSOCIATION OF
understand how important unions are to en- MACHINISTS AND AEROSPACE WORKERS, Mr. HORSFORD. Mr. Chair, I rise today to
sure higher wages, better benefits, and safer Upper Marlboro, MD, January 30, 2020. join my colleagues from the Education and
work environments for hardworking Ameri- DEAR REPRESENTATIVE: On behalf of the Labor Committee in speaking in support of the
cans. Every worker across the country should International Association of Machinists and Protecting the Right to Organize Act—the
have the opportunity to organize and fight for Aerospace Workers, I strongly urge you to
PRO Act.
a bigger paycheck, not just those that are support the swift passage of the Protecting
the Right to Organize (‘‘PRO’’) Act (H.R. The PRO Act is necessary for America’s
lucky enough to live in specific states or work workers because the economy is simply NOT
in a certain industry. 2474) and oppose any Motion to Recommit or
amendments that will weaken this very im- working for millions of Americans who are
The PRO Act gives workers the opportunity
portant legislation. struggling to get by while corporate profits are
to hold fair union elections while also pre- American workers approve of unions ac- soaring.
venting employers from interfering and stack- cording to a Gallop poll conducted last year, We know now, thanks to a study from
ing the deck against workers. This bill also and if they had the opportunity, they would Princeton University, that unions have consist-
gives employees a fighting chance when ne- choose to have labor representation. How-
ently provided workers with a 10- to 20-per-
gotiating collective bargaining agreements with ever, the right to freely form a union with-
out the threat of company intimidation or cent wage boost over their non-union counter-
employers. Loopholes that employers com-
interference is denied to workers today. The parts. And the benefits pervade race and gen-
monly use to exploit workers would be closed
off. And finally, the bill also holds employers PRO Act expands the enforcement powers of der lines.
the National Labor Relations Board (NLRB) People of color in unions make five times
accountable by enacting meaningful penalties
and strengthens protections for employees more than people of color who are NOT in
on employers that violate the rights of work- that engage in collective action. The bill unions. Women union members see the gen-
ers. would level the playing field by prohibiting
Mr. Chair, it is time we restore the middle der pay gap nearly eliminated.
employers from requiring their employees to Unions across our country are fighting to se-
class and give workers a fair shot when they attend ‘‘captive audience’’ meetings whose
fight for better pay and benefits. I urge all my sole purpose is to convince workers to vote
cure better working conditions and better
colleagues to support this legislation. against the union. In addition to imposing fi- wages for their members.
Mr. RYAN. Mr. Chair, I rise today to strongly nancial penalties on employers and indi- In my hometown of Las Vegas, the Culinary
support the passage of H.R. 2474, the Pro- vidual corporate offices who violate the law, Union represents 60,000—those are 60,000
tecting the Right to Organize Act, and oppose the bill would give workers the option of people who already benefit immensely from
bringing their case to federal court. fair wages, job security, and good health ben-
any motion to Recommit or amendment that The PRO Act is a crucially bold piece of
will weaken this very important piece of legis- efits.
legislation that modernizes federal laws and But we can expand these benefits to ALL
lation. establishes a process for mediation and arbi-
In a letter to Members of Congress, Robert tration to help the parties achieve a first
Americans.
Martinez, Jr., the President of the International contract. It protects workers’ right to orga- We must protect the mission and legacy of
Association of Machinists and Aerospace nize a union and bargain for higher wages organizations like the Culinary Union by pass-
Workers writes: and better benefits. ing the PRO Act, and strengthen workers’
‘‘American workers approve of unions ac-
Finally, the PRO Act would eliminate power to stand together and negotiate for
state right to work laws. These laws are sim- higher wages, better benefits, and safer work-
cording to a Gallop poll conducted last year,
ply designed to give more power to corpora- ing conditions.
and if they had the opportunity, they would
tions at the expense of workers, and have Mr. GOSAR. Mr. Chair, today I will be op-
choose to have labor representation. How-
had the effect of lowering wages and eroding
ever, the right to freely form a union with-
pensions and health care coverage in states
posing H.R. 2474, the PRO Act. Unfortunately,
out the threat of company intimidation or my Democrat colleagues are bringing legisla-
where they have been adopted.
interference is denied to workers today. The tion to the floor that will continue finding ways
For all the above these reasons, I respect-
PRO act expands the enforcement powers of
fully urge you to support the PRO Act and to pick winners and losers between special in-
the National Labor Relations Board (NLRB)
vote ‘‘YES’’ when this long overdue legisla- terests and businesses in America. Addition-
and strengthens protections for employees
tion is considered. For more information, ally, the legislation puts the heavy hand of
that engage in collective action. The bill
please contact Hasan Solomon. government in between the contracts between
would level the playing field by prohibiting
Thank you,
employers from requiring their employees to workers, unions and their employers.
ROBERT MARTINEZ, Jr.,
attend ‘‘captive audience’’ meetings whose There are ways that we can build up work-
SSpencer on DSKBBXCHB2PROD with HOUSE
International President
sole purpose is to convince workers to vote ing families in America, protect workers in
against the union. In addition to imposing fi- Mr. WRIGHT. Mr. Chair, I rise today in op- their workplaces, and advance the growing gig
nancial penalties on employers and indi- economy in America, but this bill does none of
position to H.R. 2474, the next in the long line
vidual corporate offices who violate the law,
the bill would give workers the option of of job-killing legislation that we have consid- that. Therefore, I cannot support this legisla-
bringing their case to federal court. ered this Congress. tion.
The PRO Act is a crucially bold piece of Dubbed by the National Retail Federation as But I want to be clear, I support America’s
legislation that modernizes federal laws and ‘‘the worst bill in Congress’’ and referred to by workers.
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H895
Yesterday, as Chairman of the Western ‘‘Two or more persons shall be employers with (B) by redesignating paragraphs (5) and (6) as
Caucus I hosted a job forum focusing on the respect to an employee if each such person co- paragraphs (4) and (5), respectively;
determines or shares control over the employee’s (C) in paragraph (4), as so redesignated, by
creation of hundreds of union jobs in Northern
essential terms and conditions of employment. striking ‘‘affected;’’ and inserting ‘‘affected;
Minnesota. Union jobs that are strongly op- and’’; and
In determining whether such control exists, the
posed by Democrat members from St. Paul. If Board or a court of competent jurisdiction shall (D) in paragraph (5), as so redesignated, by
you want to fight for more union jobs then join consider as relevant direct control and indirect striking ‘‘; and’’ and inserting a period;
us in supporting the development of the Twin control over such terms and conditions, reserved (3) in subsection (c), by striking the period at
Metals mine and the hundreds of Project authority to control such terms and conditions, the end and inserting the following: ‘‘: Pro-
and control over such terms and conditions ex- vided, That it shall be an unfair labor practice
Labor Agreement Jobs that will be filled as a under subsection (a)(1) for any employer to re-
result of what could be the largest project in ercised by a person in fact: Provided, That
nothing herein precludes a finding that indirect quire or coerce an employee to attend or partici-
the history of Minnesota. pate in such employer’s campaign activities un-
I support the development of the Atlantic or reserved control standing alone can be suffi-
cient given specific facts and circumstances.’’. related to the employee’s job duties, including
Coast Pipeline which will bring 2,000 to 4,000 (2) EMPLOYEE.—Section 2(3) of the National activities that are subject to the requirements
union construction jobs to West Virginia, Vir- Labor Relations Act (29 U.S.C. 152(3)) is amend- under section 203(b) of the Labor-Management
ginia and North Carolina but is strongly op- ed by adding at the end the following: ‘‘An indi- Reporting and Disclosure Act of 1959 (29 U.S.C.
posed by Democrat representatives and gov- vidual performing any service shall be consid- 433(b)).’’;
(4) in subsection (d)—
ernors up and down the path. ered an employee (except as provided in the pre- (A) by redesignating paragraphs (1) through
I support the construction of the Appalachia vious sentence) and not an independent con- (4) as subparagraphs (A) through (D), respec-
Petrochemical Complex; a $6 billion ethylene tractor, unless— tively;
‘‘(A) the individual is free from control and (B) by striking ‘‘For the purposes of this sec-
cracking plant being built in Pennsylvania with
direction in connection with the performance of tion’’ and inserting ‘‘(1) For purposes of this
union workers. A project made possible only the service, both under the contract for the per- section’’;
by the development and advancements of hy- formance of service and in fact; (C) by inserting ‘‘and to maintain current
draulic fracturing technology and the natural ‘‘(B) the service is performed outside the usual wages, hours, and working conditions pending
gas boom made possible by that technology. course of the business of the employer; and an agreement’’ after ‘‘arising thereunder’’;
A technology that Sen. BERNIE SANDERS, Sen. ‘‘(C) the individual is customarily engaged in (D) by inserting ‘‘: Provided, That an employ-
ELIZABETH WARREN and a parade of other an independently established trade, occupation, er’s duty to collectively bargain shall continue
Democrat presidential candidates want to ban profession, or business of the same nature as absent decertification of the labor organization
that involved in the service performed.’’. following an election conducted pursuant to sec-
the minute they gain power. (3) SUPERVISOR.—Section 2(11) of the National tion 9’’ after ‘‘making of a concession:’’;
I support the modernization of the ESA and Labor Relations Act (29 U.S.C. 152(11)) is (E) by inserting ‘‘further’’ before ‘‘, That
NEPA because we need to get America back amended— where there is in effect’’;
to building large projects in a timely fashion. (A) by inserting ‘‘and for a majority of the in- (F) by striking ‘‘The duties imposed’’ and in-
Right now, in America, billions of dollars of in- dividual’s worktime’’ after ‘‘interest of the em- serting ‘‘(2) The duties imposed’’;
vestment is held up in long permitting times ployer’’; (G) by striking ‘‘by paragraphs (2), (3), and
(B) by striking ‘‘assign,’’; and (4)’’ and inserting ‘‘by subparagraphs (B), (C),
from Offshore wind in the Atlantic, to mines in and (D) of paragraph (1)’’;
(C) by striking ‘‘or responsibly to direct
Arizona, to pipelines in New York, Nebraska (H) by striking ‘‘section 8(d)(1)’’ and inserting
them,’’.
and Pennsylvania. (b) REPORTS.—Section 3(c) of the National ‘‘paragraph (1)(A)’’;
If we want to support American workers, we Labor Relations Act is amended— (I) by striking ‘‘section 8(d)(3)’’ and inserting
need to free our people to invest in American (1) by striking ‘‘The Board’’ and inserting ‘‘paragraph (1)(C)’’ in each place it appears;
jobs and infrastructure. For too long my col- ‘‘(1) The Board’’; and (J) by striking ‘‘section 8(d)(4)’’ and inserting
(2) by adding at the end the following: ‘‘paragraph (1)(D)’’; and
leagues have attempted to promote heavy (K) by adding at the end the following:
handed government intervention, like this leg- ‘‘(2) Effective January 1, 2021, section 3003 of
‘‘(3) Whenever collective bargaining is for the
islation, rather than freeing Americans to build the Federal Reports Elimination and Sunset Act purpose of establishing an initial collective bar-
of 1995 (Public Law 166–44; 31 U.S.C. 1113 note) gaining agreement following certification or rec-
pipelines, mines, create jobs and build eco- shall not apply with respect to reports required
nomic opportunity. Rather than siding with rad- ognition of a labor organization, the following
under this subsection. shall apply:
ical environmentalists for who no mine any- ‘‘(3) Each report issued under this subsection ‘‘(A) Not later than 10 days after receiving a
where is acceptable or climate change activ- shall include no less detail than reports issued written request for collective bargaining from an
ists who insist that not a single mile of new by the Board prior to the termination of such re- individual or labor organization that has been
pipe be built. I am choosing to side with Amer- ports under section 3003 of the Federal Reports newly recognized or certified as a representative
ica’s workers, union and private. Elimination and Sunset Act of 1995 (Public Law as defined in section 9(a), or within such further
The Acting CHAIR. All time for gen- 166–44; 31 U.S.C. 1113 note).’’. period as the parties agree upon, the parties
(c) APPOINTMENT.—Section 4(a) of the Na- shall meet and commence to bargain collectively
eral debate has expired. tional Labor Relations Act (29 U.S.C. 154(a)) is
Pursuant to the rule, the bill shall be and shall make every reasonable effort to con-
amended by striking ‘‘, or for economic anal- clude and sign a collective bargaining agree-
considered for amendment under the 5- ysis’’. ment.
minute rule. (d) UNFAIR LABOR PRACTICES.—Section 8 of ‘‘(B) If after the expiration of the 90-day pe-
The amendment in the nature of a the National Labor Relations Act (29 U.S.C. 158) riod beginning on the date on which bargaining
substitute recommended by the Com- is amended— is commenced, or such additional period as the
mittee on Education and Labor, print- (1) in subsection (a)— parties may agree upon, the parties have failed
ed in the bill, modified by the amend- (A) in paragraph (5), by striking the period to reach an agreement, either party may notify
and inserting ‘‘;’’; and the Federal Mediation and Conciliation Service
ment printed in part A of House Report (B) by adding at the end the following: of the existence of a dispute and request medi-
116–392, shall be considered as adopted. ‘‘(6) to promise, threaten, or take any action— ation. Whenever such a request is received, it
The bill, as amended, shall be consid- ‘‘(A) to permanently replace an employee who shall be the duty of the Service promptly to put
ered as an original bill for purpose of participates in a strike as defined by section itself in communication with the parties and to
further amendment under the 5-minute 501(2) of the Labor Management Relations Act, use its best efforts, by mediation and concilia-
rule, and shall be considered read. 1947 (29 U.S.C. 142(2)); tion, to bring them to agreement.
The text of the bill, as amended, is as ‘‘(B) to discriminate against an employee who ‘‘(C) If after the expiration of the 30-day pe-
follows: is working or has unconditionally offered to re- riod beginning on the date on which the request
turn to work for the employer because the em- for mediation is made under subparagraph (B),
H.R. 2474 ployee supported or participated in such a or such additional period as the parties may
Be it enacted by the Senate and House of Rep- strike; or agree upon, the Service is not able to bring the
resentatives of the United States of America in ‘‘(C) to lockout, suspend, or otherwise withold parties to agreement by conciliation, the Service
Congress assembled, employment from employees in order to influ- shall refer the dispute to a tripartite arbitration
SECTION 1. SHORT TITLE. ence the position of such employees or the rep- panel established in accordance with such regu-
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This Act may be cited as the ‘‘Protecting the resentative of such employees in collective bar- lations as may be prescribed by the Service, with
Right to Organize Act of 2019’’. gaining prior to a strike; and one member selected by the labor organization,
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR ‘‘(7) to communicate or misrepresent to an em- one member selected by the employer, and one
RELATIONS ACT. ployee under section 2(3) that such employee is neutral member mutually agreed to by the par-
(a) DEFINITIONS.— excluded from the definition of employee under ties. The labor organization and employer must
(1) JOINT EMPLOYER.—Section 2(2) of the Na- section 2(3).’’; each select the members of the tripartite arbitra-
tional Labor Relations Act (29 U.S.C. 152(2)) is (2) in subsection (b)— tion panel within 14 days of the Service’s refer-
amended by adding at the end the following: (A) by striking paragraphs (4) and (7); ral; if the labor organization or employer fail to
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H896 CONGRESSIONAL RECORD — HOUSE February 6, 2020
do so, the Service shall designate any members required form. Not later than nine months after poses of collective bargaining have not been cast
not selected by the labor organization or the em- the date of enactment of the Protecting the in favor of representation by the labor organiza-
ployer. A majority of the tripartite arbitration Right to Organize Act of 2019, the Board shall tion and the Board determines that the election
panel shall render a decision settling the dispute promulgate regulations implementing the re- should be set aside because the employer has
and such decision shall be binding upon the quirements of this paragraph. committed a violation of this Act or otherwise
parties for a period of two years, unless amend- ‘‘(i) The rights of an employee under section 7 interfered with a fair election, and the employer
ed during such period by written consent of the include the right to use electronic communica- has not demonstrated that the violation or other
parties. Such decision shall be based on— tion devices and systems (including computers, interference is unlikely to have affected the out-
‘‘(i) the employer’s financial status and pros- laptops, tablets, internet access, email, cellular come of the election, the Board shall, without
pects; telephones, or other company equipment) of the ordering a new election, certify the labor orga-
‘‘(ii) the size and type of the employer’s oper- employer of such employee to engage in activi- nization as the representative of the employees
ations and business; ties protected under section 7 if such employer in such unit and issue an order requiring the
‘‘(iii) the employees’ cost of living; has given such employee access to such devices employer to bargain with the labor organization
‘‘(iv) the employees’ ability to sustain them- and systems in the course of the work of such in accordance with section 8(d) if, at any time
selves, their families, and their dependents on employee, absent a compelling business ration- during the period beginning one year preceding
the wages and benefits they earn from the em- ale.’’. the date of the commencement of the election
ployer; and (e) REPRESENTATIVES AND ELECTIONS.—Section and ending on the date upon which the Board
‘‘(v) the wages and benefits other employers in 9 of the National Labor Relations Act (29 U.S.C. makes the determination of a violation or other
the same business provide their employees.’’; 159) is amended— interference, a majority of the employees in the
(5) by amending subsection (e) to read as fol- (1) in subsection (c)—
(A) by amending paragraph (1) to read as fol- bargaining unit have signed authorizations des-
lows: ignating the labor organization as their collec-
‘‘(e) Notwithstanding chapter 1 of title 9, lows:
‘‘(1) Whenever a petition shall have been tive bargaining representative.
United States Code (commonly known as the ‘‘(C) In any case where the Board determines
‘Federal Arbitration Act’), or any other provi- filed, in accordance with such regulations as
may be prescribed by the Board, by an employee that an election under this paragraph should be
sion of law, it shall be an unfair labor practice set aside, the Board shall direct a new election
under subsection (a)(1) for any employer— or group of employees or any individual or labor
organization acting in their behalf alleging that with appropriate additional safeguards nec-
‘‘(1) to enter into or attempt to enforce any essary to ensure a fair election process, except
agreement, express or implied, whereby prior to a substantial number of employees (i) wish to be
represented for collective bargaining and that in cases where the Board issues a bargaining
a dispute to which the agreement applies, an order under subparagraph (B).’’; and
employee undertakes or promises not to pursue, their employer declines to recognize their rep-
resentative as the representative defined in sec- (E) by inserting after paragraph (7), as so re-
bring, join, litigate, or support any kind of designated, the following:
joint, class, or collective claim arising from or tion 9(a), or (ii) assert that the individual or
labor organization, which has been certified or ‘‘(8) Except under extraordinary cir-
relating to the employment of such employee in cumstances—
any forum that, but for such agreement, is of is being recognized by their employer as the bar-
gaining representative, is no longer a represent- ‘‘(A) a pre-election hearing under this sub-
competent jurisdiction; section shall begin not later than eight days
‘‘(2) to coerce an employee into undertaking ative as defined in section 9(a), the Board shall
investigate such petition and if it has reason- after a notice of such hearing is served on the
or promising not to pursue, bring, join, litigate, labor organization; and
or support any kind of joint, class, or collective able cause to believe that a question of represen-
tation affecting commerce exists shall provide ‘‘(B) a post-election hearing under this sub-
claim arising from or relating to the employment section shall begin not later than 14 days after
of such employee; or for an appropriate hearing upon due notice.
Such hearing may be conducted by an officer or the filing of objections, if any.’’; and
‘‘(3) to retaliate or threaten to retaliate (2) in subsection (d), by striking ‘‘(e) or’’ and
against an employee for refusing to undertake employee of the regional office, who shall not
make any recommendations with respect there- inserting ‘‘(d) or’’.
or promise not to pursue, bring, join, litigate, or (f) PREVENTION OF UNFAIR LABOR PRAC-
support any kind of joint, class, or collective to. If the Board finds upon the record of such
TICES.—Section 10(c) of the National Labor Re-
hearing that such a question of representation
claim arising from or relating to the employment lations Act (29 U.S.C. 160(c)) is amended by
exists, it shall direct an election by secret ballot
of such employee: Provided, That any agree- striking ‘‘suffered by him’’ and inserting ‘‘suf-
and shall certify the results thereof. The Board
ment that violates this subsection or results from fered by such employee: Provided further, That
shall find the labor organization’s proposed unit
a violation of this subsection shall be to such ex- if the Board finds that an employer has dis-
to be appropriate if the employees in the pro-
tent unenforceable and void: Provided further, criminated against an employee in violation of
posed unit share a community of interest, and if
That this subsection shall not apply to any paragraph (3) or (4) of section 8(a) or has com-
the employees outside the unit do not share an
agreement embodied in or expressly permitted by mitted a violation of section 8(a) that results in
overwhelming community of interest with em-
a contract between an employer and a labor or- the discharge of an employee or other serious
ployees inside. At the request of the labor orga-
ganization.’’; economic harm to an employee, the Board shall
nization, the Board shall direct that the election
(6) in subsection (g), by striking ‘‘clause (B) of award the employee back pay without any re-
be conducted through certified mail, electroni-
the last sentence of section 8(d) of this Act’’ and duction (including any reduction based on the
cally, at the work location, or at a location
inserting ‘‘subsection (d)(2)(B)’’; and employee’s interim earnings or failure to earn
other than one owned or controlled by the em-
(7) by adding at the end the following: interim earnings), front pay (when appropriate),
ployer. No employer shall have standing as a
‘‘(h)(1) The Board shall promulgate regula- consequential damages, and an additional
party or to intervene in any representation pro-
tions requiring each employer to post and main- amount as liquidated damages equal to two
ceeding under this section.’’;
tain, in conspicuous places where notices to em- times the amount of damages awarded: Provided
(B) in paragraph (3), by striking ‘‘an eco-
ployees and applicants for employment are cus- further, no relief under this subsection shall be
nomic strike who are not entitled to reinstate-
tomarily posted both physically and electroni- denied on the basis that the employee is, or was
ment’’ and inserting ‘‘a strike’’;
cally, a notice setting forth the rights and pro- (C) by redesignating paragraphs (4) and (5) as during the time of relevant employment or dur-
tections afforded employees under this Act. The paragraphs (6) and (7), respectively; ing the back pay period, an unauthorized alien
Board shall make available to the public the (D) by inserting after paragraph (3) the fol- as defined in section 274A(h)(3) of the Immigra-
form and text of such notice. The Board shall lowing: tion and Nationality Act (8 U.S.C. 1324a(h)(3))
promulgate regulations requiring employers to ‘‘(4) If the Board finds that, in an election or any other provision of Federal law relating to
notify each new employee of the information under paragraph (1), a majority of the valid the unlawful employment of aliens’’.
contained in the notice described in the pre- votes cast in a unit appropriate for purposes of (g) ENFORCING COMPLIANCE WITH ORDERS OF
ceding two sentences. collective bargaining have been cast in favor of THE BOARD.—
‘‘(2) Whenever the Board directs an election representation by the labor organization, the (1) IN GENERAL.—Section 10 of the National
under section 9(c) or approves an election agree- Board shall certify the labor organization as the Labor Relations Act (29 U.S.C. 160) is further
ment, the employer of employees in the bar- representative of the employees in such unit and amended—
gaining unit shall, not later than two business shall issue an order requiring the employer of (A) by striking subsection (e);
days after the Board directs such election or ap- such employees to collectively bargain with the (B) by redesignating subsection (d) as sub-
proves such election agreement, provide a voter labor organization in accordance with section section (e);
list to a labor organization that has petitioned 8(d). This order shall be deemed an order under (C) by inserting after subsection (c) the fol-
to represent such employees. Such voter list section 10(c) of this Act, without need for a de- lowing:
shall include the names of all employees in the termination of an unfair labor practice. ‘‘(d)(1) Each order of the Board shall take ef-
bargaining unit and such employees’ home ad- ‘‘(5)(A) If the Board finds that, in an election fect upon issuance of such order, unless other-
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dresses, work locations, shifts, job classifica- under paragraph (1), a majority of the valid wise directed by the Board, and shall remain in
tions, and, if available to the employer, personal votes cast in a unit appropriate for purposes of effect unless modified by the Board or unless a
landline and mobile telephone numbers, and collective bargaining have not been cast in favor court of competent jurisdiction issues a super-
work and personal email addresses; the voter list of representation by the labor organization, the seding order.
must be provided in a searchable electronic for- Board shall dismiss the petition, subject to sub- ‘‘(2) Any person who fails or neglects to obey
mat generally approved by the Board unless the paragraphs (B) and (C). an order of the Board shall forfeit and pay to
employer certifies that the employer does not ‘‘(B) In any case in which a majority of the the Board a civil penalty of not more than
possess the capacity to produce the list in the valid votes cast in a unit appropriate for pur- $10,000 for each violation, which shall accrue to
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H897
the United States and may be recovered in a RIOUS ECONOMIC HARM.—Section 10 of the Na- section may also be assessed against any direc-
civil action brought by the Board to the district tional Labor Relations Act (29 U.S.C. 160) is tor or officer of the employer who directed or
court of the United States in which the unfair amended— committed the violation, had established a pol-
labor practice or other subject of the order oc- (1) in subsection (j)— icy that led to such a violation, or had actual or
curred, or in which such person or entity resides (A) by striking ‘‘The Board’’ and inserting constructive knowledge of and the authority to
or transacts business. No action by the Board ‘‘(1) The Board’’; and prevent the violation and failed to prevent the
under this paragraph may be made until 30 days (B) by adding at the end the following: violation.
following the issuance of an order. Each sepa- ‘‘(2) Notwithstanding subsection (m), when- ‘‘(d) RIGHT TO CIVIL ACTION.—
rate violation of such an order shall be a sepa- ever it is charged that an employer has engaged ‘‘(1) IN GENERAL.—Any person who is injured
rate offense, except that, in the case of a viola- in an unfair labor practice within the meaning by reason of a violation of paragraph (1) or (3)
tion in which a person fails to obey or neglects of paragraph (1) or (3) of section 8(a) that sig- of section 8(a) may, after 60 days following the
to obey a final order of the Board, each day nificantly interferes with, restrains, or coerces filing of a charge with the Board alleging an
such failure or neglect continues shall be employees in the exercise of the rights guaran- unfair labor practice, bring a civil action in the
deemed a separate offense. teed under section 7, or involves discharge or appropriate district court of the United States
‘‘(3) If, after having provided a person or enti- other serious economic harm to an employee, the against the employer within 90 days after the
ty with notice and an opportunity to be heard preliminary investigation of such charge shall expiration of the 60-day period or the date the
regarding a civil action under subparagraph (2) be made forthwith and given priority over all Board notifies the person that no complaint
for the enforcement of an order, the court deter- other cases except cases of like character in the shall issue, whichever occurs earlier, provided
mines that the order was regularly made and office where it is filed or to which it is referred. that the Board has not filed a petition under
duly served, and that the person or entity is in If, after such investigation, the officer or re- section 10(j) of this Act prior to the expiration of
disobedience of the same, the court shall enforce gional attorney to whom the matter may be re- the 60-day period. No relief under this sub-
obedience to such order by an injunction or ferred has reasonable cause to believe such section shall be denied on the basis that the em-
other proper process, mandatory or otherwise, charge is true and that a complaint should ployee is, or was during the time of relevant em-
to— issue, such officer or attorney shall bring a peti- ployment or during the back pay period, an un-
‘‘(A) restrain such person or entity or the offi-
tion for appropriate temporary relief or restrain- authorized alien as defined in section 274A(h)(3)
cers, agents, or representatives of such person or
ing order as set forth in paragraph (1). The dis- of the Immigration and Nationality Act (8
entity, from further disobedience to such order;
trict court shall grant the relief requested unless U.S.C. 1324a(h)(3)) or any other provision of
or
‘‘(B) enjoin such person or entity, officers, the court concludes that there is no reasonable Federal law relating to the unlawful employ-
agents, or representatives to obedience to the likelihood that the Board will succeed on the ment of aliens.
same.’’; merits of the Board’s claim.’’; and ‘‘(2) AVAILABLE RELIEF.—Relief granted in an
(D) in subsection (f)— (2) by repealing subsections (k) and (l). action under paragraph (1) may include—
(i) by striking ‘‘proceed in the same manner as (i) PENALTIES.— ‘‘(A) back pay without any reduction, includ-
in the case of an application by the Board (1) IN GENERAL.—Section 12 of the National ing any reduction based on the employee’s in-
under subsection (e) of this section,’’ and insert- Labor Relations Act (29 U.S.C. 162) is amend- terim earnings or failure to earn interim earn-
ing ‘‘proceed as provided under paragraph (2) of ed— ings;
this subsection’’; (A) by striking ‘‘SEC. 12. Any person’’ and in- ‘‘(B) front pay (when appropriate);
(ii) by striking ‘‘Any’’ and inserting the fol- serting the following: ‘‘(C) consequential damages;
lowing: ‘‘ ‘‘SEC. 12. PENALTIES. ‘‘(D) an additional amount as liquidated dam-
‘‘(1) Within 30 days of the issuance of an ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH ages equal to two times the cumulative amount
order, any’’; and BOARD.—Any person’’; and of damages awarded under subparagraphs (A)
(iii) by adding at the end the following: through (C);
(B) by adding at the end the following:
‘‘(2) No objection that has not been urged be- ‘‘(E) in appropriate cases, punitive damages
fore the Board, its member, agent, or agency ‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS
AND VOTER LIST.—If the Board, or any agent or in accordance with paragraph (4); and
shall be considered by a court, unless the failure
agency designated by the Board for such pur- ‘‘(F) any other relief authorized by section
or neglect to urge such objection shall be ex-
poses, determines that an employer has violated 706(g) of the Civil Rights Act of 1964 (42 U.S.C.
cused because of extraordinary circumstances.
section 8(h) or regulations issued thereunder, 2000e–5(g)) or by section 1977A(b) of the Revised
The findings of the Board with respect to ques-
the Board shall— Statutes (42 U.S.C. 1981a(b)).
tions of fact if supported by substantial evidence
‘‘(1) state the findings of fact supporting such ‘‘(3) ATTORNEY’S FEES.—In any civil action
on the record considered as a whole shall be
determination; under this subsection, the court may allow the
conclusive. If either party shall apply to the
‘‘(2) issue and cause to be served on such em- prevailing party a reasonable attorney’s fee (in-
court for leave to adduce additional evidence
and shall show to the satisfaction of the court ployer an order requiring that such employer cluding expert fees) and other reasonable costs
that such additional evidence is material and comply with section 8(h) or regulations issued associated with maintaining the action.
that there were reasonable grounds for the fail- thereunder; and ‘‘(4) PUNITIVE DAMAGES.—In awarding puni-
ure to adduce such evidence in the hearing be- ‘‘(3) impose a civil penalty in an amount de- tive damages under paragraph (2)(E), the court
fore the Board, its member, agent, or agency, termined appropriate by the Board, except that shall consider—
the court may order such additional evidence to in no case shall the amount of such penalty ex- ‘‘(A) the gravity of the unfair labor practice;
be taken before the Board, its member, agent, or ceed $500 for each such violation. ‘‘(B) the impact of the unfair labor practice
agency, and to be made a part of the record. ‘‘(c) CIVIL PENALTIES FOR VIOLATIONS.— on the charging party, on other persons seeking
The Board may modify its findings as to the ‘‘(1) IN GENERAL.—Any employer who commits to exercise rights guaranteed by this Act, and on
facts, or make new findings, by reason of addi- an unfair labor practice within the meaning of the public interest; and
tional evidence so taken and filed, and it shall section 8(a) shall, in addition to any remedy or- ‘‘(C) the gross income of the employer.’’.
file such modified or new findings, which find- dered by the Board, be subject to a civil penalty (2) CONFORMING AMENDMENTS.—Section 10(b)
ings with respect to questions of fact if sup- in an amount not to exceed $50,000 for each vio- of the National Labor Relations Act (29 U.S.C.
ported by substantial evidence on the record lation, except that, with respect to an unfair 160(b)) is amended—
considered as a whole shall be conclusive, and labor practice within the meaning of paragraph (A) by striking ‘‘six months’’ and inserting
shall file its recommendations, if any, for the (3) or (4) of section 8(a) or a violation of section ‘‘180 days’’; and
modification or setting aside of its original 8(a) that results in the discharge of an employee (B) by striking ‘‘the six-month period’’ and in-
order. Upon the filing of the record with it the or other serious economic harm to an employee, serting ‘‘the 180-day period’’.
jurisdiction of the court shall be exclusive and the Board shall double the amount of such pen- (j) LIMITATIONS.—Section 13 of the National
its judgment and decree shall be final, except alty, to an amount not to exceed $100,000, in Labor Relations Act (29 U.S.C. 163) is amended
that the same shall be subject to review by the any case where the employer has within the pre- by striking the period at the end and inserting
appropriate United States court of appeals if ap- ceding five years committed another such viola- the following: ‘‘: Provided, That the duration,
plication was made to the district court, and by tion. scope, frequency, or intermittence of any strike
the Supreme Court of the United States upon ‘‘(2) CONSIDERATIONS.—In determining the or strikes shall not render such strike or strikes
writ of certiorari or certification as provided in amount of any civil penalty under this sub- unprotected or prohibited.’’.
section 1254 of title 28, United States Code.’’; section, the Board shall consider— (k) FAIR SHARE AGREEMENTS PERMITTED.—
and ‘‘(A) the gravity of the unfair labor practice; Section 14(b) of the National Labor Relations
(E) in subsection (g), by striking ‘‘subsection ‘‘(B) the impact of the unfair labor practice Act (29 U.S.C. 164(b)) is amended by striking the
on the charging party, on other persons seeking period at the end and inserting the following: ‘‘:
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(e) or (f) of this section’’ and inserting ‘‘sub-
section (d) or (f)’’. to exercise rights guaranteed by this Act, and on Provided, That collective bargaining agreements
(2) CONFORMING AMENDMENT.—Section 18 of the public interest; and providing that all employees in a bargaining
the National Labor Relations Act (29 U.S.C. 168) ‘‘(C) the gross income of the employer. unit shall contribute fees to a labor organization
is amended by striking ‘‘ section 10(e) or (f)’’ ‘‘(3) DIRECTOR AND OFFICER LIABILITY.—If the for the cost of representation, collective bar-
and inserting ‘‘subsection (d) or (f) of section Board determines, based on the particular facts gaining, contract enforcement, and related ex-
10’’. and circumstances presented, that a director or penditures as a condition of employment shall
(h) INJUNCTIONS AGAINST UNFAIR LABOR officer’s personal liability is warranted, a civil be valid and enforceable notwithstanding any
PRACTICES INVOLVING DISCHARGE OR OTHER SE- penalty for a violation described in this sub- State or Territorial law.’’.
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H898 CONGRESSIONAL RECORD — HOUSE February 6, 2020
SEC. 3. CONFORMING AMENDMENTS TO THE from Michigan (Ms. STEVENS) and a scenario where they are classified dif-
LABOR MANAGEMENT RELATIONS
ACT, 1947.
Member opposed each will control 5 ferently under State wage and hour law
The Labor Management Relations Act, 1947 is minutes. and Federal labor law.
amended— The Chair recognizes the gentle- Democrats will draw a distinction be-
(1) in section 213(a) (29 U.S.C. 183(a)), by woman from Michigan. tween Federal labor relations law and
striking ‘‘clause (A) of the last sentence of sec- Ms. STEVENS. Mr. Chairman, I rise State wage and labor laws, but, in re-
tion 8(d) (which is required by clause (3) of such today to offer a very simple and ality, the distinction means little to
section 8(d)), or within 10 days after the notice straightforward amendment. This businesses that will be hit with costly
under clause (B)’’ and inserting ‘‘section amendment does not alter the critical
8(d)(2)(A) of the National Labor Relations Act
new and confusing employment regula-
provisions of this legislation, but it tions and to the workers whose jobs are
(which is required by section 8(d)(1)(C) of such
does provide clarity about what the put at risk as a result.
Act), or within 10 days after the notice under
section 8(d)(2)(B) of such Act’’; and PRO Act will and will not do, as well as
recognizes State efforts when it comes b 1700
(2) by repealing section 303 (29 U.S.C. 187).
SEC. 4. AMENDMENTS TO THE LABOR-MANAGE- to employee rights and standards. Moreover, once all workers are
MENT REPORTING AND DISCLOSURE The PRO Act does not govern in any deemed employees for collective bar-
ACT OF 1959. way the definition of who is an em- gaining purposes, as required by the
Section 203(c) of the Labor-Management Re- ployee for the workplace protections PRO Act, they will become subject to
porting and Disclosure Act of 1959 (29 U.S.C.
related to minimum wages, overtime, union organizing. Once unionized, the
433(c)) is amended by striking the period at the
end and inserting the following ‘‘: Provided, or unemployment insurance. Under the collective bargaining agreement would
That this subsection shall not exempt from the PRO Act, the definition of who is an govern their wages and benefits, even if
requirements of this section any arrangement or employee only applies to who is eligi- State law still considers them an inde-
part of an arrangement in which a party agrees, ble to join a union and collectively bar- pendent contractor.
for an object described in subsection (b)(1), to gain. Essentially, if unions have their way,
plan or conduct employee meetings; train super- If a worker is an employee under the this fig leaf amendment will accom-
visors or employer representatives to conduct PRO Act, they will have the right to plish nothing in the way of preserving
meetings; coordinate or direct activities of super- join or refrain from union representa-
visors or employer representatives; establish or a worker’s independent contractor sta-
tion, engage in collective bargaining tus under State law.
facilitate employee committees; identify employ-
ees for disciplinary action, reward, or other tar-
and bargain over the terms and condi- The only winners in this scheme will
geting; or draft or revise employer personnel tions of their work. be the unions and trial lawyers, whom
policies, speeches, presentations, or other writ- As we know, employment status var- Democrats always seem to find a way
ten, recorded, or electronic communications to ies under Federal and State statutes. to benefit, no matter the issue.
be delivered or disseminated to employees.’’. Thus, an individual can be an employee Mr. Chairman, I reserve the balance
SEC. 5 RULE OF CONSTRUCTION. under one law and remain an inde- of my time.
The amendments made under this Act shall pendent contractor for the purposes of Ms. STEVENS. Mr. Chairman, I yield
not be construed to amend section 274A of the another.
Immigration and Nationality Act (8 U.S.C. 1 minute to the gentlewoman from Illi-
I have a deep respect for State au- nois (Ms. SCHAKOWSKY).
1324a). thority and believe that, as we address
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Ms. SCHAKOWSKY. Mr. Chairman, I
Federal NLRA standards, it is impor- rise in favor of the amendment and
There are authorized to be appropriated such
sums as may be necessary to carry out the provi- tant to thoughtfully assess the 20 also the underlying bill.
sions of this Act, including any amendments States that have taken differing ac- As a proud union member myself of
made by this Act. tions currently relying on some version Workers United, SEIU, I see the impor-
The Acting CHAIR. No further of the ABC test to determine their own tance of sticking with my union. Even
amendment to the bill, as amended, worker protection eligibility. though I am no longer active on the
shall be in order except those printed This straightforward amendment I job, I want to pay my dues.
in part B of House Report 116–392. Each am offering today does not end the dis- Unions have brought us the middle
such further amendment may be of- cussion on the ABC test but helps clar- class; they brought us the weekend;
fered only in the order printed in the ify the benefits of the PRO Act and they brought us the benefits that ordi-
report, by a Member designated in the sets our country on a path to support nary people have in order to have a liv-
report, shall be considered as read, workers. ing wage and a successful life.
Mr. Chair, I urge my colleagues to
shall be debatable for the time speci- I also want to say that the amend-
join me in supporting this amendment
fied in the report equally divided and ment clarifies that the ABC test in-
as well as the underlying bill, and I re-
controlled by the proponent and an op- cluded in the PRO Act does not pre-
serve the balance of my time.
ponent, shall not be subject to amend- empt any State law governing the
Ms. FOXX of North Carolina. Mr.
ment, and shall not be subject to a de- wages, worker hours, et cetera, and so
Chair, I rise in opposition to the
mand for division of the question. it is a very good amendment.
amendment.
AMENDMENT NO. 1 OFFERED BY MS. STEVENS The Acting CHAIR. The gentlewoman But I want to say, for three decades,
The Acting CHAIR. It is now in order from North Carolina is recognized for 5 we have seen corporations trying to
to consider amendment No. 1 printed in minutes. undermine workers’ rights to gather
part B of House Report 116–392. Ms. FOXX of North Carolina. Mr. together for their own benefit. Finally,
Ms. STEVENS. Mr. Chairman, I rise Chairman, I yield myself such time as today, we are going to pass a bill that
as the designee of Mr. MORELLE, and I I may consume. gives workers those rights.
have an amendment at the desk. Mr. Chairman, this amendment is lit- Ms. FOXX of North Carolina. Mr.
The Acting CHAIR. The Clerk will tle more than an attempt to protect Chairman, I reserve the balance of my
designate the amendment. the few well-connected interests that time.
The text of the amendment is as fol- received a carveout from the California Ms. STEVENS. Mr. Chairman, at this
lows: Democrats’ disastrous Assembly Bill 5, time, I would like to close out our de-
On page 32, line 8, redesignate section 5 as but it is a fig leaf meant to provide bate, and I yield back the balance of
section 6. cover for vulnerable Democrat Mem- my time.
On page 32, after line 7, insert the fol- Ms. FOXX of North Carolina. Mr.
lowing: bers.
AB–5 redefined California’s wage and Chairman, I yield myself the balance of
SEC. 5. RULE OF CONSTRUCTION.
hour laws to expand the definition of my time.
SSpencer on DSKBBXCHB2PROD with HOUSE
The amendments made under this Act
shall not be construed to affect the defini- ‘‘employee’’ using the same language It is very interesting that our col-
tions of ‘‘employer’’ or ‘‘employee’’ under found in the PRO Act, but with dozens leagues have talked about unions pro-
the laws of any State that govern the wages, of industries exempted from the oner- viding the middle class better jobs and
work hours, workers’ compensation, or un- ous standard that has placed tens of benefits. It is very interesting to look
employment insurance of employees. thousands of jobs at risk. at the declining rate of union member-
The Acting CHAIR. Pursuant to If the PRO Act becomes law, workers ship and see the increasing salaries,
House Resolution 833, the gentlewoman could find themselves in a confusing number of jobs being created in the
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H899
country, benefits, and all positive many instances, they are intended to NLRB updated its election procedures
things happening, record unemploy- exert pressure on workers to support to modernize them in 2014, 6 years ago.
ment, record wage increases. That is the union. Not one charge; it is completely made
going along with declining union par- The PRO Act requires that business up.
ticipation. owners provide employees’ home ad- In fact, when the Trump NLRB, a
Mr. Chairman, the PRO Act is one of dresses, home phone numbers, cell body not exactly known for being on
the most antiworker, anti-small busi- phone numbers, personal email address, the side of workers, recently revamped
ness bills to be considered by Congress and more to union bosses, which will their election procedure, they left this
in decades, and this amendment makes promote union harassment of employ- rule entirely intact, just as we are at-
it worse. ees at home or in public. This is out- tempting to codify it in the PRO Act.
The PRO Act is a liberal Democrat rageous and unacceptable. Ensuring that workers are fully in-
wish list designed to enrich and em- Moreover, there are no safeguards for formed about an organizing drive is
power union bosses and trial lawyers at how workers’ personal information paramount to effective labor relations.
the expense of rank-and-file workers might be used or misused. For one, the Mr. Chairman, I urge my colleagues
and small businesses. information could be used by unions to oppose this amendment, and I re-
Mr. Chairman, I urge my colleagues for unwanted political campaigning, serve the balance of my time.
to defeat this misleading, unworkable, solicitation, or worse. The PRO Act Ms. FOXX of North Carolina. Mr.
and misguided amendment, and I yield contains no protections or restrictions Chair, I yield myself the balance of my
back the balance of my time. on how this information will be used time.
The Acting CHAIR. The question is Mr. Chair, my amendment addresses
and no repercussions if unions allow it
on the amendment offered by the gen- just one radical component of the PRO
to fall into the wrong hands.
tlewoman from Michigan (Ms. STE- Act by preserving workers’ privacy, en-
We have seen countless examples of
VENS).
suring that they can protect their own
private companies and government
The question was taken; and the Act- personal information and decide for
agencies subjected to hacks and leaks
ing Chair announced that the ayes ap- themselves whether they wish to share
that allow private, personal informa-
peared to have it. it with the union.
tion to fall into the wrong hands. The Importantly, the amendment does
RECORDED VOTE last thing American workers need is not restrict unions from receiving any
Ms. STEVENS. Mr. Chair, I demand a for self-interested union bosses to have information at all; rather, the workers
recorded vote. that information and for hackers and can decide for themselves which one
A recorded vote was ordered. scammers to gain access as well. piece of contact information they wish
The Acting CHAIR. Pursuant to Many Members of Congress know to share. And the union is free to gath-
clause 6 of rule XVIII, further pro- firsthand the risks associated with er the rest directly from workers with-
ceedings on the amendment offered by having their personal information dis- out the employer acting as a middle-
the gentlewoman from Michigan will tributed. My amendment provides basic man.
be postponed. privacy protections to the workers we Like with every other provision of
AMENDMENT NO. 2 OFFERED BY MS. FOXX OF represent so that, while they are free the PRO Act, Democrats claim that in-
NORTH CAROLINA to organize together, they are just as vading workers’ privacy is about lev-
The Acting CHAIR. It is now in order free to protect their valuable personal eling the playing field; but, time and
to consider amendment No. 2 printed in information. again, polling has shown that workers
part B of House Report 116–392. Mr. Chairman, I reserve the balance prefer choice, privacy, and control
Ms. FOXX of North Carolina. Mr. of my time. within the unions that claim to rep-
Chairman, I have an amendment at the Mr. LEVIN of Michigan. Mr. Chair- resent them.
desk. man, I rise in opposition to this amend- The PRO Act is an affront to all of
The Acting CHAIR. The Clerk will ment. these basic concepts, none of its provi-
designate the amendment. The Acting CHAIR. The gentlemen is sions more so than the requirement
The text of the amendment is as fol- recognized for 5 minutes. that employers share employees’ per-
lows: Mr. LEVIN. Mr. Chairman, the rule sonal information with union orga-
Beginning on page 14, line 25, strike ‘‘the this amendment seeks to gut dates all nizers against the employees’ will.
names of all employees’’ and all that follows the way back to 1966, and it has been in Mr. Chair, I urge my colleagues to
through ‘‘personal email addresses’’ on page operation ever since. It is the Excelsior
15, line 4, and insert ‘‘the names of all em- vote in favor of this commonsense
Underwear case. amendment that will put workers, not
ployees in the bargaining unit and not more
than one additional form of personal contact
I have done hundreds and hundreds of union bosses, in control of their own
information for the employee, (such as a house visits based on the information private, personal information, and I
telephone number, an email address, or a provided by these lists. Now, just be- yield back the balance of my time.
mailing address) chosen by the employee in cause it has been in operation doesn’t Mr. LEVIN of Michigan. Mr. Chair, I
writing’’. mean it has always worked well. For want to emphasize that the gentle-
The Acting CHAIR. Pursuant to years, when I was organizing, I was woman’s amendment is not about the
House Resolution 833, the gentlewoman given lists of names and incomplete in- PRO Act; it is about current law.
from North Carolina (Ms. FOXX) and a formation scribbled across scattered All the PRO Act does on the question
Member opposed each will control 5 sheets of paper, and somehow this com- of lists and how they are to be given
minutes. plied with the law. from the company to the union is codi-
The Chair recognizes the gentle- I am not going to admit how long ago fying current law. So this is not an ar-
woman from North Carolina. this was, Mr. Chairman, but it was dec- gument against the PRO Act; it is an
Ms. FOXX of North Carolina. Mr. ades ago. argument against the structure of our
Chairman, Americans have a reason- The PRO Act simply codifies the rule labor relations as they have been for
able expectation of privacy. In the regarding contact information to make decades.
modern economy, this means deciding it work better and modernizes it by en- Mr. Chair, I would offer to the gentle-
for themselves whether to share their suring that, among other things, con- woman that, if she would like to join
personal information. tact information is provided in elec- me in writing the law that would allow
At an Education and Labor Com- tronic, searchable format, this being workers to have access to union orga-
mittee hearing on this bill last year, the 21st century. nizers in the workplace, I would be glad
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AFL–CIO President Richard Trumka Now, my distinguished colleague to do that with her, and then we
testified that unions need workers’ per- across the aisle might attempt to scare wouldn’t need a law that allows work-
sonal information so that they can so- you with nightmares about union ers to gain access to unions the only
licit them anyplace you can get them, boogeymen coming to blow your house way they can under our system, which
including at their home. down; but, in reality, not one person is at home or on the phone.
As we know from previous testimony, has ever charged a union with abusing Our country provides workers no
these are not always friendly visits. In the voter information list since the right to have access to union staff in
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H900 CONGRESSIONAL RECORD — HOUSE February 6, 2020
their workplace. It is pretty unusual essary; this amendment ensures effi- business bills to be considered by Con-
among countries. And if the gentle- ciency in the NLRB pre-election proc- gress in decades. It is a liberal Demo-
woman is serious about feeling like it ess and prevents employers from seiz- crat wish list designed to enrich and
is better for workers to interact with ing upon unnecessary delays. empower union bosses and trial law-
the union at work rather than at home, Unnecessary delays leading up to a yers at the expense of rank-and-file
that would be a wonderful discussion to representation election enables em- workers and small businesses, and this
have for another day. ployers to have more time to campaign amendment makes it worse.
Mr. Chair, I yield back the balance of against the union, through lawful, or The largest federation of unions in
my time. many times unlawful means. Once the America spends more than three times
The Acting CHAIR. The question is NLRB receives a petition for the union as much money on politics as it does
on the amendment offered by the gen- election, it must process the election on its stated purpose of organizing and
tlewoman from North Carolina (Ms. expeditiously in order for the rights of representing workers. And unions at-
FOXX). the workers to be upheld. tempted to organize less than one-
The question was taken; and the Act- Mr. Chairman, I urge this amend- tenth of 1 percent of eligible workers in
ing Chair announced that the noes ap- ment be voted on in the affirmative, 2018, so it should come as no surprise
peared to have it. and I reserve the balance of my time.
Ms. FOXX of North Carolina. Mr. that union membership in the United
Ms. FOXX of North Carolina. Mr. States is plummeting.
Chair, I demand a recorded vote. Chairman, I rise in opposition to the
The Acting CHAIR. Pursuant to Yet, rather than correct their own
amendment. wrongdoing and increase their ranks by
clause 6 of rule XVIII, further pro- The Acting CHAIR. The gentlewoman
ceedings on the amendment offered by serving workers better, unions are de-
from North Carolina is recognized for 5 manding that Congress enact this
the gentlewoman from North Carolina
minutes. sweeping, radical bill that tilts the
will be postponed. Ms. FOXX of North Carolina. Mr.
AMENDMENT NO. 3 OFFERED BY MR. NORCROSS playing field aggressively in their
Chairman, I yield myself such time as favor, against workers and small busi-
The Acting CHAIR. It is now in order I may consume.
to consider amendment No. 3 printed in nesses.
This amendment is designed to short-
part B of House Report 116–392. I urge my colleagues to oppose this
circuit the union election process dras-
Mr. NORCROSS. Mr. Chair, I have an antiworker, pro-union boss amend-
tically by micromanaging the National
amendment at the desk. ment.
Labor Relations Board.
The Acting CHAIR. The Clerk will Mr. Chair, I yield back the balance of
The goal of this amendment is to
designate the amendment. my time.
rush the election process in order to
The text of the amendment is as fol- Mr. NORCROSS. Mr. Chairman, I
deprive workers of the opportunity to
lows: yield myself such time as I may con-
weigh the pros and cons of unioniza-
On page 19, line 15, insert ‘‘and shall con- sume.
tinue from day to day until completed’’ after tion, and employers of the adequate
Fake news. Don’t believe it.
‘‘organization’’. time to prepare for union election.
Rushing union elections simply tilts Just ask the people what they want
The Acting CHAIR. Pursuant to to do. Close to 80 percent of those in
the playing field against both workers,
House Resolution 833, the gentleman the workplace would vote today to join
who deserve the benefit of hearing both
from New Jersey (Mr. NORCROSS) and a a union, if they were allowed to under
Member opposed each will control 5 sides, and businessowners who should
have the right to make their case to a fair process. That doesn’t happen.
minutes. Mr. Chairman, I yield back the bal-
The Chair recognizes the gentleman their workforce about unionization.
Unions often begin organizing cam- ance of my time.
from New Jersey. The Acting CHAIR. The question is
Mr. NORCROSS. Mr. Chair, I rise to paigns weeks, or even months, before
employers are made aware, creating a on the amendment offered by the gen-
offer a simple amendment to protect tleman from New Jersey (Mr. NOR-
the efficiency of the union representa- scenario in which workers are hearing
CROSS).
tion election process by ensuring that only one side of the issue prior to a
union election. The amendment was agreed to.
preelection hearings before the NLRB AMENDMENT NO. 4 OFFERED BY MR. DAVID P.
are conducted on a day-to-day basis. When an election petition is filed,
ROE OF TENNESSEE
The PRO Act strengthens workers’ employers, and particularly small em-
ployers, must seek counsel and at- The Acting CHAIR. It is now in order
rights to a free and fair union represen-
tempt to understand complex matters to consider amendment No. 4 printed in
tation election. It does so by pre-
of labor law within an unreasonably part B of House Report 116–392.
venting unnecessary delays, which
short time period. This amendment Mr. DAVID P. ROE of Tennessee. Mr.
allow employers to engage more time
seeks to impose an unfair and unneces- Chairman, I have an amendment at the
against antiunion campaigns that are
sary ambush election scheme through a desk.
designed to erode support for the
change in the law. The Acting CHAIR. The Clerk will
union.
In 2014, the NLRB updated its union Mr. Chairman, I reserve the balance designate the amendment.
election procedures by enacting rea- of my time. The text of the amendment is as fol-
sonable deadlines and preventing em- Mr. NORCROSS. Mr. Chairman, I lows:
ployers from stalling elections through yield myself such time as I may con- Page 7, line 22, strike ‘‘and’’.
frivolous litigation. The PRO Act codi- sume. Page 8, line 14, strike ‘‘and’’.
Back on December 18, the Trump Page 8, line 18, strike the period and insert
fies many of these requirements, in- ‘‘; and’’.
cluding the timeliness for pre- and NLRB issued a dramatic rewrite of the
Page 8, after line 18, insert the following:
post-election hearings. union election procedures, thus under-
‘‘(7) to recognize or bargain collectively
One important change in the 2014 mining the streamlining efficiency of with a labor organization that has not been
election rule was to require that, when- the original 2014 election rule. selected by a majority of such employees in
ever the NLRB conducts a preelection However, even in the NLRB by a secret ballot conducted by the board in ac-
hearing, the hearing must be held from Trump, the new rule left this require- cordance with section 9.’’.
day to day. Prior to 2014, hearings ment for elections to proceed day by Page 9, beginning line 1, amend subpara-
could either be held day to day or ad- day. They believe in efficiency. They graph (D) to read as follows:
believe in doing things the correct way. (D) by adding at the end the following:
journed to a later date. Requiring these
‘‘(6) to cause or attempt to cause an em-
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hearings to be held day to day provides This just codifies it.
Mr. Chairman, I reserve the balance ployer to recognize or bargain collectively
more certainty in the preelection hear- with a representative of a labor organization
ing process that codifies this best prac- of my time. that has not been selected by a majority of
tice. Ms. FOXX of North Carolina. Mr. such employees in a secret ballot election
Chairman, I yield myself the balance of conducted by the Board in accordance with
b 1715 my time. section 9.’’.
In those cases where the NLRB de- Mr. Chairman, the PRO Act is one of Page 18, line 3, strike ‘‘(A) If the Board’’
cides a pre-election hearing is nec- the most antiworker and antismall and insert ‘‘If the Board’’.
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H901
Strike page 18, line 9, and all that follows just the right thing to do, it is also the union. The PRO Act does not alter
through page 19, line 9. wildly popular on the political spec- these requirements which have been in
Add at the end the following new section:
trum. According to 2015 polling from effect since 1935.
SEC. l. SECRET BALLOT ELECTIONS.
Opinion Research Corporation, 79 per- This amendment would limit the
(a) SECRET BALLOT ELECTION.—Section 9(a)
of the National Labor Relations Act (29 cent of union households, 81 percent of workers’ and employers’ option to
U.S.C. 159(a)) is amended by inserting after Democrats, and 81 percent of Independ- enter into voluntary recognition agree-
‘‘designated or selected’’ the following: ‘‘by a ents support the right to a secret bal- ments. There is no reason why we
secret ballot election conducted in accord- lot for union organizing campaigns. should limit workers’ options to an
ance with this section’’. This amendment eliminates the so- election if the workers and employers
(b) APPLICABILITY OF CERTAIN AMEND- called ‘‘card-check’’ automatic certifi- agree to forego it.
MENTS.— cation in which a union can organize But let’s be clear. The PRO Act does
(1) IN GENERAL.—The amendments de- not require card check in lieu of elec-
workers by potentially harassing, in-
scribed in paragraph (2) shall not apply to
collective bargaining relationships in which timidating, or misleading them into tions. Instead, it strengthens current
a labor organization with majority support signing authorization cards. law by requiring an employer to bar-
was lawfully recognized before the date of Over the years, in our committee, we gain with a union if the union has dem-
the enactment of this Act. have heard firsthand testimony in the onstrated majority support and the
(2) AMENDMENTS LISTED.—The amendments Committee on Education and Labor employer’s interference coerced em-
described under this paragraph are the from several witnesses about being ployees into voting against the union.
amendments— pressured to sign a card check by union The only time the NLRB can order
(A) made under subsection (a) of this sec- organizers. Under the card check sys- an employer to bargain, absent a secret
tion;
tem, the union organizers are free to ballot, is when the employer interferes
(B) to subsection (a)(7) of section 8 of the
National Labor Relations Act (29 U.S.C. 158); harass a worker over email, the tele- with the union election after a major-
and phone, at their homes, in public, into ity have already indicated support
(C) to subsection (b)(6) of such section of signing the union authorization card. through signed authorization cards or
such Act. That is just not right. a petition. Again, this is current law,
The Acting CHAIR. Pursuant to Congress is elected, everybody in this set forth by the Supreme Court, and it
House Resolution 833, the gentleman body is elected by a secret ballot. has been in effect since 1969.
from Tennessee (Mr. DAVID P. ROE) and House and Senate Democrats want a In fact, the PRO Act actually
a Member opposed each will control 5 Mexican worker to have that right. I strengthens secret ballot elections by
minutes. completely agree with that. ensuring they are free and fair, both to
The Chair recognizes the gentleman So why aren’t American workers the workers and to the employers.
from Tennessee. being granted the exact same freedoms Contrary to the argument that this
Mr. DAVID P. ROE of Tennessee. Mr. that are being demanded and granted legislation undermines secret ballots,
Chair, my commonsense amendment to abroad? the PRO Act does make a change be-
the PRO Act is very simple. It would Furthermore, you are going to hear cause it expands the use of secret bal-
require union elections to be conducted supporters of card check say that a lot elections because current law al-
by a secret ballot, like every election card check is needed because the elec- lows employers to withdraw recogni-
in the country is. tion gives employers the ability to de- tion of a union without an election to
Look, anybody who wants to in this feat a union organizing drive. That is decertify the union if the employer has
country has the right to belong to a nonsense. The most recent data we evidence that the union has lost the
union. I was raised in a union house- have from the Center for Union Facts majority support.
hold. My dad, after World War II, say that unions were able to win al- The PRO Act just says that union
worked for 30 years in a factory as a most 69 percent of the secret ballot elections are required for decertifica-
union member. elections that were held. tion, by secret ballot, that must take
In fact, this is so simple that in April Our constituents deserve the same place before the employer can with-
of 2019, over 80 House Democrats, in- guarantee of privacy at the ballot box draw recognition. So this actually ex-
cluding 12 on the Committee on Edu- as Members of Congress. Union leaders pands secret ballot elections and, oth-
cation and Labor, signed a letter to are elected that way; and an opposition erwise, pretty much maintains current
Ambassador Lighthizer demanding the to this amendment makes it clear who law that has been in effect for decades.
same protections for workers in Mexico is putting the interests of union bosses Mr. Chairman, I urge a ‘‘no’’ vote on
as part of the USMCA. I happen to above the interest of workers. the amendment, and I reserve the bal-
agree with that. If I had been asked, I We should all support the right to a ance of my time.
would have signed this letter. secret ballot for all Americans. It is Mr. DAVID P. ROE of Tennessee. Mr.
If House Democrats believe a secret the most American thing I can think Chair, I yield myself such time as I
ballot is essential for Mexican workers, of, Mr. Chairman, is that right you may consume.
why don’t they want the same rights have to go in that voting booth and For over 220 years since we have had
for American workers? press the button for whomever you a Constitution in the United States of
Mr. Chair, 47 years ago I put on a uni- wish to vote for. America, one of the most precious
form. I left my family, I left this coun- I urge my colleagues to support this rights we have is a secret ballot. And I
try to serve in the United States Army amendment, and I reserve the balance wouldn’t know why anybody would
in the 2nd Infantry Division in Korea, of my time. fear—if you have a great case to make
about 11 miles south of the DMZ, to Mr. SCOTT of Virginia. Mr. Chair, I for the union, fine. Make it.
guarantee those rights for every Amer- claim time in opposition to this I think we have a right to be union-
ican citizen to vote by a secret ballot. amendment. ized or not be unionized. As I said, I
My wife tells me she votes for me by The Acting CHAIR. The gentleman is was raised in a union household.
secret ballot, but I don’t know that for recognized for 5 minutes. But I think that is one of the most
a fact because it is a secret ballot. Mr. SCOTT of Virginia. Mr. Chair, sacred rights that we have, as Amer-
Secret ballots are the pillar of our under current law, which has been in ican citizens, as many people do not
democracy. It is a right that—I don’t effect since 1935, an employer may vol- have. We ask that same right for our
care if you are a billionaire or you untarily recognize the union if a ma- Mexican worker. I think we should
don’t have two wooden nickels to rub jority of employees have demonstrated treat an American worker the same
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together; you have that power when support through signed cards or a peti- way.
you go in the voting booth because no tion to organize. Mr. Chair, I yield back the balance of
one, no one has the right to intimidate If an employer decides not to recog- my time.
you in a secret ballot. You are free nize the union based on those signa- Mr. SCOTT of Virginia. Mr. Chair-
from any threat of retribution. tures, then NLRB will direct a secret man, I yield myself the balance of my
Guaranteeing the right of a secret ballot election to determine whether time, only to remind the House that
ballot for union representation is not the employees will be represented by the only time the NLRB can order an
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H902 CONGRESSIONAL RECORD — HOUSE February 6, 2020
employer to bargain with a union, ab- bargaining unit and who will vote in a and the NLRB rules about what had to
sent a secret ballot, is when the em- union election. This list has never con- be included in the list.
ployer interferes with the union elec- scripted workers into a union against Harassment and coercion are prohib-
tion after the majority has already in- their will, and workers are still free to ited today, will be prohibited tomor-
dicated support through signed cards vote in favor of unionization or against row, and would still be prohibited if the
or petitions. it. Rather, this procedure is designed PRO Act bill makes its way to the
If the employer wants to insist on a to create a modicum of fairness during President’s desk for signature.
secret ballot, all they have to do is not a union election because employers al- The truth is that this list is already
violate the Labor Relations Act. ready have this information to reach narrowly designed to be used solely for
The other side of it is that if they their employees, whereas unions other- union organizing campaigns before an
want to decertify, they have to have an wise would not. It just puts the em- election, and no union has ever been
election. So that is a change. But that ployer and the union on equal footing charged with using this list for any im-
is more secret ballot elections, not in the lead-up to an election. proper purpose or in violation of em-
fewer. In 2014, the NLRB updated what had ployee privacy.
If my friend’s fears of coercion or in-
So I urge my colleagues to vote ‘‘no’’ to be included in that list, requiring
timidation were legitimate, we would
on the amendment, and I yield back employers also to include job classi-
see labor charges against unions, but
the balance of my time. fications, telephone and cell phone
that hasn’t happened because the fear
The Acting CHAIR. The question is numbers, and email contact informa-
is unfounded.
on the amendment offered by the gen- tion that was in the employer’s posses- My amendment merely memorializes
tleman from Tennessee (Mr. DAVID P. sion. The PRO Act simply codifies that and protects employees by clarifying
ROE). 2014 election rule. that nothing in the PRO Act will affect
The question was taken; and the Act- According to information the NLRB employee privacy.
ing Chair announced that the noes ap- provided to the Education and Labor I am proud to support workers’ pri-
peared to have it. Committee in 2018, no person has ever vacy and their right to organize.
Mr. DAVID P. ROE of Tennessee. Mr. charged a union with abusing the voter I am proud of the PRO Act, a bill
Chairman, I demand a recorded vote. information list since the new 2014 that recognizes that union participa-
The Acting CHAIR. Pursuant to election rule took effect. Even the Re- tion is the fabric of our middle class; a
clause 6 of rule XVIII, further pro- publican NLRB in December 2019 kept bill that recognizes that strong union
ceedings on the amendment offered by the voting list requirement as it over- membership increases productivity, re-
the gentleman from Tennessee will be hauled other union representation pro- duces turnover, and gives the middle
postponed. cedures. class more purchasing power; a bill
My amendment removes any ambi- that recognizes that while union mem-
b 1730 guity in the PRO Act by making it bership is at an all-time low, it is not
AMENDMENT NO. 5 OFFERED BY MS. WILD clear that nothing in the bill will be the result of union apathy, and that 62
The Acting CHAIR. It is now in order permitted to affect employee privacy. percent of workers want to unionize
to consider amendment No. 5 printed in I urge a ‘‘yes’’ vote on this amend- but cannot because workers are not on
part B of House Report 116–392. ment, and I reserve the balance of my equal footing with management; a bill
Ms. WILD. Mr. Chairman, I have an time. that ends unfair union election prac-
amendment at the desk. Ms. FOXX of North Carolina. Mr. tices like employer-mandated captive
The Acting CHAIR. The Clerk will Chairman, I rise in opposition to the audience speeches because the freedom
designate the amendment. amendment. to associate or not associate should
The text of the amendment is as fol- The Acting CHAIR (Mr. VARGAS). The also include the freedom not to listen.
lows: gentlewoman from North Carolina is I urge a ‘‘yes’’ vote on this amend-
recognized for 5 minutes. ment and the underlying bill, and I
On page 32, line 8, redesignate section 5 as
Ms. FOXX of North Carolina. Mr. yield back the balance of my time.
section 6.
Chairman, I yield myself such time as Ms. FOXX of North Carolina. Mr.
On page 32, after line 7, insert the fol-
lowing: I may consume. Chairman, I yield myself the balance of
SEC. 5. RULE OF CONSTRUCTION. This amendment is a weak attempt my time.
to lend lip service to employee privacy, Mr. Chairman, the PRO Act is one of
The amendments made under this Act
shall not be construed to affect the privacy but it fails to reduce the PRO Act’s in- the most antiworker and anti-small
of employees with respect to voter lists pro- business bills to be considered by Con-
vasion of workers’ personal lives. Sim-
vided to labor organizations by employers gress in decades. It is a liberal Demo-
ply because this amendment says the
pursuant to elections directed by the Board. crat wish list designed to enrich and
bill shall not be construed to affect em-
The Acting CHAIR. Pursuant to empower union bosses and trial law-
ployee privacy does not make it so.
House Resolution 833, the gentlewoman yers at the expense of rank-and-file
This amendment will not affect the
from Pennsylvania (Ms. WILD) and a workers in small businesses, and this
PRO Act’s mandate forcing employers
Member opposed each will control 5 amendment does nothing to change
to share employees’ home addresses, that.
minutes. home phone numbers, cell phone num- My colleagues keep saying that the
The Chair recognizes the gentle- bers, personal email addresses, and Trump administration is supporting
woman from Pennsylvania. more with union organizers without many bad rules put in place in 2014;
Ms. WILD. Mr. Chairman, I yield my- giving workers any say in the matter however, that is misleading. The ad-
self such time as I may consume. or ensuring that their personal infor- ministration has not completed its
I rise to offer a very simple amend- mation is protected. work on modifying or changing some of
ment that I am hopeful will assuage The PRO Act’s provision is an inva- those rules.
the concerns of my friend and col- sion of privacy, and empty rhetoric in Unions attempted to organize less
league, Ms. FOXX, regarding privacy this fig leaf amendment does nothing than one-tenth of 1 percent of eligible
issues. This amendment very simply to fix this harmful mandate. workers in 2018, so it should come as no
clarifies a provision in the PRO Act Mr. Chairman, I reserve the balance surprise that union membership in the
that deals with the list of voters that of my time. United States is plummeting. Yet,
employers are to provide to a union be- Ms. WILD. Mr. Chairman, I yield my- rather than correct their own wrong-
fore an election. My amendment pro- self the balance of my time.
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doing and increase their ranks by serv-
vides that the requirements sur- The argument of my friend and col- ing workers better or going out and ac-
rounding this list of voters shall not af- league is all well and good, but I am tually doing the job that unions are
fect employee privacy. happy to report that current law al- supposed to do, unions are demanding
For more than 60 years, the NLRB ready prohibits unions from engaging that Congress enact this sweeping, rad-
has required employers to provide a in harassment and coercion. The PRO ical bill that tilts the playing field ag-
list of names and home addresses of Act doesn’t change that. The PRO Act gressively in their favor against work-
employees who are part of a potential simply codifies the 2014 election rule ers and small businesses.
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H903
This amendment does nothing to tion and political activities that they The PRO Act is to be commended be-
lessen the harm this bill will inflict on do not agree with, and that is what will cause it solves this free-rider problem.
American workers in the form of vio- happen if we take away States’ author- We had the State Department testify
lating their privacy, providing their ity to enact right-to-work laws. before my subcommittee of Foreign Af-
personal information to union orga- My amendment will protect States’ fairs that so-called right-to-work laws
nizers without allowing workers the right-to-work laws so that union dues are a violation of the U.N. Declaration
choice to refuse. are voluntary, giving power to work- of Human Rights because the right to
Mr. Chair, I urge my colleagues to ers, not union bosses, who pocket these organize is a human right, and right-
defeat this amendment, and I yield benefits from mandatory dues. It to-work laws make a mockery of that
back the balance of my time. should not even be up for debate. Work- right.
The Acting CHAIR. The question is ers should be in control of their earn- I also rise in opposition to the
on the amendment offered by the gen- ings and how they spend it. amendment we are going to be dealing
tlewoman from Pennsylvania (Ms. As Members of Congress our duty is with, No. 10 by Mr. MEADOWS, which is
WILD). to put our constituents first, so I en- substantively identical to what we are
The question was taken; and the Act- courage my colleagues to support my considering now. The Rules Committee
ing Chair announced that the ayes ap- amendment, which prioritizes hard- in an effort to be incredibly bipartisan
peared to have it. working Americans’ right to choose has allowed two substantively identical
Ms. WILD. Mr. Chair, I demand a re- over the special interests of a union. amendments to be presented to this
corded vote. Mr. Chairman, I reserve the balance House. They are both substantively
The Acting CHAIR. Pursuant to of my time. identical. They are both equally rep-
clause 6 of rule XVIII, further pro- Mr. SCOTT of Virginia. Mr. Chair- rehensible.
ceedings on the amendment offered by man, I rise in opposition to the amend- Defeat this amendment. Pass the bill.
the gentlewoman from Pennsylvania ment. End the race to the bottom and raise
will be postponed. The Acting CHAIR. The gentleman wages nationwide. A country which
AMENDMENT NO. 6 OFFERED BY MR. ALLEN
from Virginia is recognized for 5 min- even last year saw wages rise just 1
The Acting CHAIR. It is now in order utes. percent more than inflation needs
Mr. SCOTT of Virginia. Mr. Chair- unions. We need the right to organize.
to consider amendment No. 6 printed in
man, I yield 3 minutes to the gen- Pass the bill.
part B of House Report 116–392.
tleman from California (Mr. SHERMAN). Mr. ALLEN. Mr. Chairman, the fact
Mr. ALLEN. Mr. Chairman, I have an
Mr. SHERMAN. Mr. Chairman, I rise of the matter is that right-to-work
amendment at the desk.
to oppose the amendment and to com- States are stronger, growing faster,
The Acting CHAIR. The Clerk will
mend the Chair for including in the and more prosperous. The Federal Gov-
designate the amendment.
PRO Act provisions that will end the ernment has no business outright ban-
The text of the amendment is as fol-
free-rider problem caused by so-called ning right-to-work laws that are so
lows:
right-to-work States. successful in many States across the
Strike subsection (k) of section 2. Right-to-work provisions undermine Nation.
The Acting CHAIR. Pursuant to the right to unionize because our basic Why would California tell Georgia
House Resolution 833, the gentleman labor law requires a union to represent how to run their State?
from Georgia (Mr. ALLEN) and a Mem- all those in the bargaining unit, and Democrats in this body have a rad-
ber opposed each will control 5 min- everyone in the bargaining unit bene- ical agenda to erode the rights of
utes. fits from the union contract. If you tell States. It is just wrong.
The Chair recognizes the gentleman people you don’t have to join, you Mr. Chair, I urge my colleagues to
from Georgia. don’t have to pay the union dues, you protect States’ rights and vote ‘‘yes’’
Mr. ALLEN. Mr. Chairman, I yield don’t have to pay a fee and you still on my amendment, and I yield back
myself such time as I may consume. get all the benefits, then right-to-work the balance of my time.
As a small business owner, I came to is really code for right to free ride.
Congress to put America back on a The result is that States with so- b 1745
path to prosperity and create jobs. I called right-to-work laws have half the Mr. SCOTT of Virginia. Mr. Chair,
am proud to say that as a result of private sector unionization rates as how much time is remaining?
progrowth policies passed by the 115th other States. It doesn’t just hurt those The Acting CHAIR. The gentleman
Congress and enacted by President who are in a union because it hurts from Virginia has 2 minutes remaining.
Trump, American workers are thriving every wage earner in the whole State. Mr. SCOTT of Virginia. Mr. Chair, I
under our strong economy. Unemploy- Average wages decline. That is why av- yield myself the balance of my time.
ment is down and wages and jobs are erage wages in so-called right-to-work First, I want to point out that, by
up. I am particularly excited by the States are $8,700 less than they are in every measure, unemployment, jobs
growth in my home State of Georgia. other States, but it doesn’t just affect per month, a Dow Jones industrial av-
For the seventh year in a row, Geor- that whole State. It drives other States erage, even the deficit were all better
gia has been named the best place to do to perhaps adopt so-called right-to- under President Obama than President
business. A large part of that is be- work laws in a race to the bottom as Trump.
cause Georgia became a proud right-to- they fight for businesses. It even hurts We also know that union members
work State back in 1947. Ever since, us in California, where we have to com- get better wages, better benefits, and
families are flourishing; people are pete with low-wage employers in safer workplaces than nonmembers.
working; and business is booming. antiunion States. But unions have the duty to represent
But some of my colleagues in other I have been working on this problem all workers in a bargaining unit, even
States think they know what is best for decades. That is why I introduced those who are not members of the
for Georgia. The PRO Act will outright the Nationwide Right to Unionize Act union.
ban right-to-work laws that have been in the 110th Congress, the 111th Con- In so-called right-to-work States,
so successful in States like Georgia. I gress, the 112th Congress, the 113th that means the union must equally
can tell you right now that the folks of Congress, the 114th Congress, the 115th represent those nonmembers who are
Georgia know what is best for them, Congress, and now the 116th Congress free to avoid paying their fair share of
not the Federal Government. each time with dozens of cosponsors. the costs of representation. This obli-
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My amendment is simple. It strikes Last Congress I was joined by ELIZA- gation to represent everyone is known
the ban on right-to-work States. The BETH WARREN in the Senate where we as the duty of fair representation.
right to work is what fuels the Amer- introduced our bills together. Last Since all workers receive a benefit
ican Dream, opening a door to upward week Senator WARREN and I each intro- from union representation, it is only
mobility and the opportunity for work- duced our bills in the House with 30 fair that everyone contribute their fair
ers to achieve their goals. No American original cosponsors and the Senate share. For example, if a worker files a
should be forced to pay for representa- with 16. grievance, the union must represent
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H904 CONGRESSIONAL RECORD — HOUSE February 6, 2020
that person with individualized rep- NATIONAL EDUCATION ASSOCIATION, day window, fostering uncertainty
resentation, and that could cost thou- Washington, DC, February 6, 2020. among employees, undermining sta-
sands of dollars a day. HOUSE OF REPRESENTATIVES, bility in collective bargaining, and en-
Washington, DC.
Likewise, when a union incurs ex- couraging employers to stall at the
DEAR REPRESENTATIVE: On behalf of the 3
penses while bargaining for raises or million members of the National Education bargaining table. Although the NLRB
benefits, everyone in the bargaining Association who work in schools and on col- rejected this policy in 2011, this admin-
unit benefits, so it only makes sense lege campuses in 14,000 communities, we urge istration has proposed to revive it.
that everyone help pay for that rep- you to vote YES on the Protect the Right to Unions need our support now more
resentation. Organize Act (H.R. 2474). Votes associated than ever. In 2018, Connecticut saw a
The PRO Act permits unions and em-
with this issue may be included in NEA’s Re- 3.5 percent decline in union member-
port Card for the 116th Congress. ship from the previous year. Due to
ployers to negotiate labor agreements, Collective bargaining is crucial in pro-
which include a service fee to cover the this administration’s attacks following
viding working people with a voice in the the Janus Supreme Court decision, na-
fair share of the cost of providing serv- workplace and a means for improving their
tional union membership is at 10.3 per-
ices mandated by law. That does not families’ financial circumstances. The free-
dom to collectively bargain, in both the pub- cent, down from 20.1 percent from the
mean political activities or advocacy
lic and the private sectors, helps reduce in- first year data was collected in 1983.
or holiday parties or Fourth of July We should not be proposing new rules
celebrations, just those that are re- come inequality and assists low- and middle-
income workers in sharing in economic meant to antagonize and intimidate
quired by law. It just ensures that growth. However, according to Bureau of newly formed unions or new workers
those who enjoy the benefits of union Labor statistics, only 6.2 percent of workers advocating for their constitutional
representation pay their fair share. in the private sector were union members in right to organize. We should be giving
Mr. Chair, I urge a ‘‘no’’ vote on this 2019. Employers’ hostility to union orga- new unions the tools they need to suc-
amendment, and I yield back the bal- nizing is largely to blame for the declining
ceed.
ance of my time. number of private-sector union members.
A nonunionized workforce means
This negatively affects working families and
The Acting CHAIR. The question is our nation’s economic viability. The PRO lower wages, poorer working condi-
on the amendment offered by the gen- Act will take several steps to reduce the bar- tions, and reduced benefits. It means
tleman from Georgia (Mr. ALLEN). riers to private-sector union organizing, in- working at risk of exploitation. It
The question was taken; and the Act- cluding: means a workforce left with no tools to
ing Chair announced that the noes ap- Revising the definition of ‘‘employee’’ and advocate for themselves in the work-
peared to have it. ‘‘supervisor’’ to prevent employers from place.
classifying employees as exempt from labor The PRO Act will strengthen unions
Mr. ALLEN. Mr. Chair, I demand a law protections;
recorded vote. formed over a century ago and those
Expanding unfair labor practices to in-
The Acting CHAIR. Pursuant to clude prohibitions against replacement of or
formed today. It will bolster the power
clause 6 of rule XVIII, further pro- discrimination against workers who partici- of workers and the middle class by giv-
ceedings on the amendment offered by pate in strikes; ing labor law teeth to prevent intimi-
the gentleman from Georgia will be Making it an unfair labor practice to re- dation and retaliation. It will strength-
postponed.
quire or coerce employees to attend em- en Connecticut workers’ rights to col-
ployer meetings designed to discourage lectively bargain on behalf of their
AMENDMENT NO. 7 OFFERED BY MRS. HAYES union membership an unfair labor practice; members. And it will put a stop to the
The Acting CHAIR. It is now in order and blatant attacks from employers and
to consider amendment No. 7 printed in Allowing injunctions against employers
engaging in unfair labor practices involving State legislatures.
part B of House Report 116–392. discharge or serious economic harm to an Mr. Chair, I stand with my union
Mrs. HAYES. Mr. Chair, I have an employee. brothers and sisters at all stages of the
amendment at the desk. All working families deserve financial sta- unionization process.
The Acting CHAIR. The Clerk will bility and the ability to negotiate to im- Mr. Chair, I urge my colleagues to
designate the amendment. prove their circumstances. The right to orga- support my amendment ensuring new
nize is essential to these, and to our nation’s unions are given the chance to organize
The text of the amendment is as fol- overall economic health. We urge you to vote
lows: without a rushed threat of decertifica-
YES on the PRO Act to help remove barriers tion.
Page 19, line 18, strike ‘‘and’’ after the to organizing in the private sector. Mr. Chair, I reserve the balance of
semicolon. Sincerely,
MARC EGAN,
my time.
Page 19, line 20, striking the period at the Ms. FOXX of North Carolina. Mr.
end and insert ‘‘; and’’. Director of Government Relations,
National Education Association. Chairman, I rise in opposition to the
Page 19, after line 20, insert the following:
amendment.
(3) by adding at the end the following new Mrs. HAYES. Mr. Chair, as a union The Acting CHAIR. The gentlewoman
subsection: member, I have had the benefits of the is recognized for 5 minutes.
‘‘(f) The Board shall dismiss any petition organizing and collective bargaining
for an election with respect to a bargaining
Ms. FOXX of North Carolina. Mr.
power of WTA, CEA, NEA, and SEIU Chairman, I yield myself such time as
unit or any subdivision if, during the pre- 1199. But not all people work in fields
ceding 12-month period, the employer has I may consume.
recognized a labor organization without an
with a history of unionization. New The biggest problem with our Federal
election and in accordance with this Act.’’. unions need a chance to bargain with labor laws today is inadequate protec-
employers and prove they are produc- tion of workers’ rights within the labor
The Acting CHAIR. Pursuant to tive and skilled advocates on behalf of
House Resolution 833, the gentlewoman organizations that represent them.
their members. This amendment would make that
from Connecticut (Mrs. HAYES) and a For over 40 years, the National Labor
Member opposed each will control 5 problem worse. Workers should not be
Relations Board protected the vol- forced into a union with which they do
minutes. untary recognition process by affording not wish to associate.
The Chair recognizes the gentle- a reasonable amount of time for em- The existing process for workers to
woman from Connecticut. ployers and unions to collectively bar- remove a union is too limited and bur-
Mrs. HAYES. Mr. Chair, I rise to gain without fear of decertification densome as it is. Workers face tremen-
offer an amendment to preserve the challenges. That rule balanced the need dous one-sided barriers to a decertifica-
ability for new, voluntarily recognized for stability in labor relations with the
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tion election that they do not face in a
unions to collectively bargain for a right to have an election, while giving certification election.
reasonable period of time without the the unions a chance to demonstrate ef- Worse, more than 90 percent of work-
threat of an invited decertification fectiveness to its members. ers represented by a union today have
campaign. In 2007, the Bush administration’s never voted for that union to represent
I include in the RECORD a letter from NLRB scrapped that policy by requir- them.
the National Education Association in ing employers to post a notice inviting Let me repeat that. More than 90 per-
support of the PRO Act. a decertification election within a 45- cent of workers represented by a union
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H905
today have never voted for that union membership declining is correlated . . . substantial obstructions to the
to represent them. with the fact that our economy is free flow of commerce.’’ After the eco-
Democrats oppose legislation that booming for the middle class. nomic chaos of the 1930s, Congress
would allow workers to vote periodi- The PRO Act, Mr. Chairman, is one passed the NLRA.
cally on the union in their workplace, of the most antiworker and anti-small The NLRA struck a careful balance
and this amendment would make it business bills to be considered by Con- by protecting workers’ ability to strike
even more difficult for workers to have gress in decades. It is a liberal Demo- while outlawing intermittent strikes
an opportunity to vote, even after crat wish list designed to enrich and that create upheaval and uncertainty
clearing all of the existing unnecessary empower union bosses and trial law- in the absence of a genuine commit-
hurdles. yers at the expense of rank-and-file ment by the employees to abandon
This amendment would make the workers and small businesses. their work.
PRO Act even more antiworker than it The largest federation of unions in
already is. America spends more than three times
Mr. Chairman, I reserve the balance as much money on politics as it does b 1800
of my time. on its stated purpose of organizing and Similarly, the Supreme Court has
Mrs. HAYES. Mr. Chair, first, the representing workers. upheld the right of employers to re-
PRO Act does not require employees to With this bill, the unions are trying place striking workers permanently in
recognize unions without first having to take a shortcut. They have decided order to keep their business running.
an election. Rather, the right of an em- it is better to just focus on getting
H.R. 2474 discards more than 80 years
ployer to voluntarily recognize a union Democrats to do their work for them.
Unions attempted to organize less of precedent by weaponizing the pain of
has been the law of this land since 1935,
than one-tenth of 1 percent of eligible economic conflict in order to empower
when the National Labor Relations Act
workers in 2018, so it should come as no union bosses. The bill aims to make it
was enacted.
surprise that union membership in the impossible for employers to continue
Voluntary recognition happens with
United States is plummeting, along to do business in the event of a labor
demonstrated majority support from
with the great economy that we have. dispute, a death sentence for thousands
members by petition or union author-
Yet, rather than correct their own of small businesses.
ization cards.
Again, voluntary recognition hap- wrongdoing and increase their ranks by In 1937, there were nearly 5,000
pens with demonstrated majority sup- serving workers better, unions are de- strikes in the United States, a night-
port from members by petition or manding their allies in Congress enact mare for employers, customers, and the
union authorization cards. this sweeping, radical bill that includes economy as a whole. H.R. 2474 seeks to
The PRO Act simply strengthens em- over 50 harmful provisions, including resurrect this chaotic time in Amer-
ployees’ right to a free and fair elec- those which eliminate workers’ pri- ica’s history. Imagine what a system
tion by establishing more effective vacy, forces workers to pay a labor that allows for intermittent strikes
remedies when an employer unlawfully union against their will, subjects work- and bans on the replacement of strik-
interferes with an election. ers and small businesses to direct ing workers would do to our economy,
Second, my amendment does not un- union harassment, and will kill thou- our global competitiveness, and the in-
dermine the right to have an election. sands of small businesses and good-pay- centive to invest in American workers.
It codifies a period of time during ing jobs. Allowing intermittent strikes and
which a union and an employer can Mr. Chair, I urge my colleagues to banning permanent replacements is
focus on bargaining an agreement and oppose this antiworker, pro-union boss great for union bosses, but a raw deal
allows workers to exercise their con- amendment, and I yield back the bal- for workers, consumers, and small
stitutional right to collectively bar- ance of my time. businesses.
gain. It prevents wasteful delay tactics The Acting CHAIR. The question is Having worked in the manufacturing
so both parties can get to the negoti- on the amendment offered by the gen- sector for over 25 years, I know it is
ating table. tlewoman from Connecticut (Mrs. critically important for the overall
If we are going to protect the prac- HAYES). health of a business to be reliable and
tice of collective bargaining, we need The amendment was agreed to.
keep the doors open so employees can
to ensure there is a reasonable time pe- AMENDMENT NO. 8 OFFERED BY MR. KELLER
keep their jobs.
riod for the union to represent employ- The Acting CHAIR. It is now in order
ees and bargain on their behalf without to consider amendment No. 8 printed in You cannot be pro-jobs and
fighting over other challenges. part B of House Report 116–392. antibusiness. If a business cannot do
This time period only begins after Mr. KELLER. Mr. Chair, I have an its work, then its purpose no longer ex-
the employees have demonstrated a amendment at the desk. ists. Competition will inherently force
majority want to have a union. It does The Acting CHAIR. The Clerk will businesses to close.
not stop employees from seeking an designate the amendment. Allowing intermittent strikes and
election after a reasonable time of 1 The text of the amendment is as fol- banning permanent replacements could
year, provided it does not interfere lows: force businesses to close their doors
with other existing NLRB policies. Page 30, strike line 11 and all that follows permanently. I urge my colleagues to
The reality is union membership is through line 16. adopt this amendment to protect small
declining because of the continued at- The Acting CHAIR. Pursuant to businesses and to prevent unnecessary
tacks on working-class Americans. Our House Resolution 833, the gentleman disruptions of our economy.
workers are losing a seat at the table from Pennsylvania (Mr. KELLER) and a Madam Chairwoman, I reserve the
in their own workplaces. They need us Member opposed each will control 5 balance of my time.
to defend their rights and ensure they minutes. Mr. LEVIN of Michigan. Madam
have a fair shot at negotiation. The Chair recognizes the gentleman Chairwoman, I rise in opposition to
Mr. Chair, I urge my colleagues to from Pennsylvania. this amendment.
stand up for unions and support this Mr. KELLER. Mr. Chairman, I yield
amendment, and I yield back the bal- myself such time as I may consume. The Acting Chair (Ms. PINGREE). The
ance of my time. Mr. Chairman, I rise today in support gentleman is recognized for 5 minutes.
Ms. FOXX of North Carolina. Mr. of my amendment to H.R. 2474. This Mr. LEVIN of Michigan. Madam
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Chairman, I yield myself the balance of amendment would maintain current Chairwoman, first I would like to enter
my time. law, which protects the ability of em- into the RECORD letters of support for
Mr. Chairman, union membership is ployers to continue to do business and the PRO Act from the International
plummeting because American workers provide for their customers during a Brotherhood of Teamsters, the Inter-
have realized that they don’t need the labor relations dispute. national Federation of Professional &
unions. We are seeing such a pros- One of the purposes of the National Technical Engineers and the United
perous economy. And as I said, union Labor Relations Act was to ‘‘eliminate Auto Workers.
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H906 CONGRESSIONAL RECORD — HOUSE February 6, 2020
INTERNATIONAL BROTHERHOOD the PRO Act would restore and protect work- time, unions have vastly improved work-
OF TEAMSTERS, ers’ rights to organize and collectively bar- place rights, wages, benefits, and conditions
February 4, 2020. gain in their workplaces and we urge you to for all workers. A worker with a union con-
HOUSE OF REPRESENTATIVES, oppose any Motion to Recommit and any tract earns, on average, 13.2 percent more in
Washington, DC. amendments that would weaken the lan- wages than a peer with similar education,
DEAR REPRESENTATIVE: On behalf of the 1.4 guage, intent, or purpose of the bill. occupation, and experience in a nonunion-
million members of the International Broth- If enacted, the PRO Act would counter the ized workplace in the same sector. Although
erhood of Teamsters, I am writing to state all too common anti-union intimidation tac- unions are fundamental to rebuilding the
our strong support for H.R. 2474, the Pro- tics that workers who are organizing a union middle class, the percentage of workers in
tecting the Right to Organize Act (PRO Act). are subjected to. For example, upwards of 800 unions has declined over the last several dec-
I urge you to support this critical legislation highly trained professionals employed by ades. Weak labor laws, anti-worker policies
and to oppose any weakening amendments Southern California Edison are currently en- and court rulings have severely curtailed
and any motion to recommit when H.R. 2474 gaged in an organizing effort with IFPTE workers’ rights to have a voice on the job.
comes to the House floor this week. Local 20 to address issues such as mandatory Aggressive employer anti-union campaigns
Today, the economy is not working for overtime and ever-shortening training for and weak labor laws have taken a toll on
working people. Wages have stagnated for new hires. These designers, estimators, field workers as union membership has dimin-
workers across the economy, while income planning technicians, and planners play an ished from 33 percent in 1956 to 10 percent in
has skyrocketed for CEO’s and the wealthi- important role in ensuring safety and wild- 2019. The ramifications of anti-worker poli-
est one percent. This inequality is the result fire mitigation to the more than 15 million cies extend well beyond the workplace and
of a loss of bargaining power and the erosion people in Southern California. Unfortu- impact our society at large. Our labor laws
of workers’ ability to exercise their rights on nately, Southern California Edison has de- need to be strengthened significantly.
the job. cided to engage in some of the very anti- Over the past several decades, workers
Today, when workers make the decision to worker behavior that this bill seeks to cor- seeking to form their union at their work-
stand together and bargain with their em- rect. This include such activities as manda- place have faced aggressive opposition from
ployer for improved working conditions, the tory all-staff captive audience meetings, one unscrupulous corporations and other well fi-
deck is stacked against them from day one. on one meetings, and handing out anti-union nanced anti-union special interest groups.
Under current law, unscrupulous employers, literature filled with misinformation, all According to the Economic Policy Institute
armed with limitless funds, routinely violate aimed at discouraging union activity. (EPI), in one out of every three campaigns,
the National Labor Relations Act (NLRA) The PRO Act would counter the all too employers fire pro-union workers, and spend
and block workers’ ability to exercise their common anti-union intimidation tactics at least $1 billion annually in opposition to
right to bargain for better wages and better that workers in union organizing campaigns organizing. EPI found that 90 percent of em-
working conditions. The Protecting the and first contract negotiations are subjected ployers require captive-audience meetings to
Right to Organize Act is an important step to. This bill meaningfully restores workers’ dissuade workers from joining a union.
forward for workers’ rights. It would restore rights to determine for themselves if they Lower unionization rates harm our middle
and strengthen worker protections which want a union by providing a fair process for class, economy and democratic institutions.
have been eroded over the years. union recognition if the National Labor Re- Collective bargaining raises wages for both
The Protecting the Right to Organize Act lations Board (NLRB) determines that the union and non-union workers, lessens racial
addresses several major weaknesses in cur- employer illegally interfered with the union wage gaps, and increases wages for women.
rent law. H.R. 2474 enacts meaningful, en- representation election. Provisions in the The PRO Act directly addresses these and
forceable penalties on employers who break bill also allow the union or the employer to other problems by including provisions that
the law and gives workers a private right of request a mediation-arbitration process for could help ensure workers have a voice on
action if they’ve been terminated for union first contract negotiations that take longer the job and a fair opportunity to form a
activity. The bill would make elections fair- than 90 days. Language in this bill that pro- union if they so choose. Under the PRO Act,
er by prohibiting employers from using coer- hibits captive audience meetings and rein- the National Labor Relations Board (NLRB)
cive activities like captive audience meet- states the employer requirement to disclose would be empowered to assess significant
ings. H.R. 2474 establishes a process for medi- any hiring of anti-union consultants will monetary penalties to deter or punish em-
ation and arbitration to stop stalling tactics help workers make informed choices when ployers that unlawfully fire workers for ex-
ercising their rights to form a union or for
at the bargaining table and help parties they receive information from their employ-
speaking out to improve working conditions.
achieve a first contract. Importantly, the ers. By clarifying and updating the National
The bill would also allow workers to enforce
bill also addresses rampant intentional Labor Relations Act’s definitions for em-
their labor rights in federal court and pro-
misclassification and ensures that ployee, supervisor, and employer, the PRO
hibit mandatory attendance in captive audi-
misclassified workers are not deprived of Act closes loopholes that allow employers to
ence meetings. Should workers vote to form
their right to form a union under the NLRA. misclassify workers and prevents employers
a union, the NLRB would be authorized to
These are among the many important provi- from dodging joint employer liability. Fur-
order immediate bargaining of a first con-
sions in the bill to help restore the middle thermore, this bill gives the NLRB the au-
tract, which would avoid common employer
class. thority to conduct economic analysis as it
stall tactics and deliberate misclassification
Research shows that workers want unions. sets policies and regulations, increases pen- of workers. It would also ensure that unions
However, there is a huge gap between the alties against employers who violate the Na- can collect ‘‘fair-share fees’’ and eliminates
share of workers with union representation tional Labor Relations Act, requires employ- so-called ‘‘right to work’’ laws in order for
and the share of workers that would like to ers to reinstate workers while the NLRB in- unions to have the necessary resources to ef-
have a union and a voice on the job. The PRO vestigates the retaliatory firing, and gives fectively enforce collective bargaining agree-
Act would take a major step forward in clos- unions the ability to collect fair-share fees. ments and other legally protected rights.
ing that gap and ultimately growing a strong For all the reasons above, IFPTE we re- Furthermore, the PRO Act protects em-
middle class. quest you vote for the PRO Act and opposed ployees’ right to strike by preventing em-
I urge you to demonstrate to the American any weakening amendments that may be ployers from hiring permanent replacement
people that workers and their rights are a considered. workers. H.R. 2474 also permits unrepre-
priority for this Congress. I hope I can tell Sincerely, sented employees to engage in collective ac-
our members that you stood with them and PAUL SHEARON, tion or class action lawsuits to enforce basic
other workers in their efforts to achieve President. workplace rights, rather than being forced to
meaningful workers’ rights and protections MATTHEW BIGGS, arbitrate such claims alone. It also reigns in
and better wages and working conditions. Secretary-Treasurer/Legislative Director. offensive lockouts. In a lockout, a company
The Teamsters Union urges you to support expels its union-represented employees from
H.R. 2474 and oppose all efforts to weaken INTERNATIONAL UNION, UNITED the worksite, locks the gate, and refuses to
this bill by amendment. AUTOMOBILE, AEROSPACE & AGRI- permit them to return to work unless they
Sincerely, CULTURAL IMPLEMENT WORKERS
accept the employer’s proposal. Companies
JAMES P. HOFFA, OF AMERICA—UAW,
have all too often chosen to lock out workers
General President. January 29, 2020. than rather engage in good faith negotia-
DEAR REPRESENTATIVE: On behalf of the
tions.
INTERNATIONAL FEDERATION OF more than one million active and retired The PRO Act will strengthen the middle
PROFESSIONAL & TECHNICAL ENGINEERS, members of the International Union, United
SSpencer on DSKBBXCHB2PROD with HOUSE
class and our national economy. We urge you
Washington, DC, January 31, 2020. Automobile, Aerospace and Agricultural Im- to vote Yes on H.R. 2474.
DEAR REPRESENTATIVE: On behalf of 90,000 plement Workers of America, UAW, I urge Sincerely,
workers represented by the International you to vote Yes on the Protecting the Right JOSH NASSAR,
Federation of Professional and Technical En- to Organize (PRO) Act (H.R. 2474) and oppose UAW Legislative Director.
gineers (IFPTE), we urge you to vote for the any weakening amendments, including the
H.R. 2474, the Protecting the Right to Orga- motion to recommit. Mr. LEVIN of Michigan. Madam
nize Act of 2019 (PRO Act), scheduled for a The right to form unions paved the way for Chairwoman, I would remind the gen-
floor vote next week. As currently written, the creation of a strong middle class. Over tleman that the strikes of 1937 were
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H907
precisely the result of the arrange- an obscenity to the people in the man- (E) hiring and training costs;
ment, the balance that was struck by ufacturing sector, to CEOs in the man- (F) productivity and absenteeism; and
the National Labor Relations Act, ufacturing sector, decades ago. (G) the development of emerging indus-
tries, including those that engage their
which was passed in 1935. The CEO of General Motors, then the
workforces through technology; and
The National Labor Relations Act biggest company in the land, made 80 (4) describes the methodology used to gen-
sets forth procedures so that workers times or 50 times—I forget, something erate the information in the report.
and employers could both advocate for like that—what the workers made, (b) EXPERT CONSULTATION.—The persons
their rights in the economy. And so to which is nothing like what happens described in this subsection are—
ban intermittent strikes, as the gen- today. Those are the bosses that need (1) workers and the labor organizations
tleman would propose, puts at stake to be brought under control. representing such workers;
two core portions of our Constitution’s The right to strike is basic to our (2) representatives of businesses;
(3) the National Labor Relations Board;
First Amendment: the freedom to labor relations and it must be pre- (4) the International Labor Organization;
peaceably assemble and the freedom of served. We must pass the PRO Act. and
speech. I yield back the balance of my time. (5) the International Labor Affairs Bureau
This amendment would place speech- The Acting CHAIR. The question is of the Department of Labor.
and content-based restrictions on on the amendment offered by the gen- (c) CONGRESSIONAL ASSESSMENT AND REC-
workers only because they choose to tleman from Pennsylvania (Mr. KEL- OMMENDATIONS.—Not later than 60 days after
gather and speak on behalf of a union LER). the date on which the report is submitted
or forming a union. The amendment was rejected. under subsection (a), the Committee on Edu-
cation and Labor of the House of Representa-
We freely allow civil rights pro- AMENDMENT NO. 9 OFFERED BY MS. STEVENS tives and the Committee on Health, Edu-
testers, animal welfare activists, anti- The Acting CHAIR. It is now in order cation, Labor, and Pensions of the Senate
choice activists, and all others to gath- to consider amendment No. 9 printed in shall—
er and share their messages. Union part B of House Report 116–392. (1) assess the findings of such report; and
members should be no different. Ms. STEVENS. Madam Chairwoman, (2) make recommendations with respect to
Understand, going on strike is an op- I have an amendment at the desk. actions of Congress to address the findings of
tion of last resort. No worker wants to such report.
The Acting CHAIR. The Clerk will
risk their job and their paycheck to designate the amendment. The Acting CHAIR. Pursuant to
walk a picket line in the cold, the rain, The text of the amendment is as fol- House Resolution 833, the gentlewoman
or anything in-between. I have stood lows: from Michigan (Ms. STEVENS) and a
with striking workers and seen their Redesignate section 5 as section 6, and in- Member opposed each will control 5
resolve and know the impact striking sert after section 4 the following: minutes.
has on them and their families. SEC. 5. GAO REPORT ON SECTORAL BARGAINING. The Chair recognizes the gentle-
These workers strike because they (a) IN GENERAL.—Not later than 2 years woman from Michigan.
must, because they have no other op- after the date of enactment of this Act, the Ms. STEVENS. Madam Chairwoman,
tion but to say: ‘‘No more.’’ We must Comptroller General, in consultation with today, as we consider the PRO Act, we
respect this resolve by allowing work- the persons described in subsection (b), shall think of how far the labor movement
ers the dignity to stand up for them- prepare and submit to the Committee on has come and how far we have yet to
selves and shout: ‘‘One day longer. One Education and Labor of the House of Rep- go. We think of all the important steps
day stronger.’’ resentatives and the Committee on Health, we need to take as a government and
Education, Labor, and Pensions of the Sen-
I urge my colleagues to oppose this as a nation to rebuild our working
ate a report, that—
amendment, and I reserve the balance (1) identifies and analyzes the laws, poli- class as productivity is dropping and
of my time. cies, and procedures in countries outside the inequality is rising, to ensure funda-
Mr. KELLER. Madam Chairwoman, I United States governing collective bar- mental, basic protections are in place
yield back the balance of my time. gaining at the level of an industry sector, in- for a better work environment and a
Mr. LEVIN of Michigan. Madam cluding the laws, policies, and procedures in- stronger economy for all, to secure
Chairwoman, recently, members of the volved in— workers’ rights to collectively bargain.
United Auto Workers went on strike at (A) the administrative system facilitating The PRO Act represents the rights of
General Motors for 40 days. There was such bargaining;
the nearly 700,000 brothers and sisters
(B) how collective bargaining agreements
no leader who made them do this, and in unions across my home State of
are rendered binding on all firms in an indus-
I have never seen a strike, in fact in try sector; Michigan where the steady humming of
my life, that was dictated by someone (C) defining an industry sector; hard work and determination abounds.
from on high. The workers voted, in (D) the relationship between collective The PRO Act is in our bones.
that case way over 90 percent, to go on bargaining at the level of an individual em- Public approval of labor unions is
strike. ployer or group of employers and at the level near a 50-year high, but union member-
When I repeatedly visited picket of an industry sector; ship is at its lowest level since just
lines at various workplaces throughout (E) the designation of representatives for after the National Labor Relations Act
collective bargaining at the level of an in-
my district in Michigan, I was amazed was enacted in 1935. It is not a coinci-
dustry sector;
that a lot of the veteran workers were (F) the scope of collective bargaining and dence that as union membership has
out there striking; not for themselves. impasses at the level of an industry sector; declined, income inequality has soared.
They were striking for workers forced and At the same time, new forms of work
to be temporary workers, and not hav- (G) the provision or administration of ben- continue to emerge in our innovation
ing full-time status and regularized efits by labor organizations (such as unem- economy, work that allows individuals
status for months and years at a time. ployment insurance), or union security at the complete freedom to work when-
These veteran workers, some of the firm level or the level of an industry sec- ever and for whomever they choose.
whom had worked there 10, 20, 30 years tor, to cover the costs of collective bar- Many developed countries have
gaining at the level of an industry sector;
said it just felt wrong to work side by (2) conducts a comparative analysis of the
sought to address the changing nature
side doing the same job with someone laws, policies, and procedures specified in of work through sectoral bargaining,
who was denied the pay and benefits paragraph (1) that have been enacted in where representatives of workers and
due to workers at that workplace. countries outside the United States; employers in a given industry bargain
All of this talk about union bosses (3) to the extent practicable, identifies the over wages and standards throughout
disgusts me, Madam Chairwoman. effects of such laws, policies, and procedures that industry. By covering more work-
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Unions are organizations that workers on— ers under a collective bargaining agree-
build themselves to advocate for their (A) the wages and compensation of employ- ment, workers and employers can bar-
ees;
interests. They are nonprofits. They gain for industry-wide floors in wages
(B) the number of employees,
are not businesses. In an economy disaggregated by full-time and part-time em- and benefits.
where the real bosses are making 300 ployees; This amendment asks the Govern-
and 400 times what the regular workers (C) prices, sales, and revenues; ment Accountability Office to look to
make, that is something that would be (D) employee turnover and retention; the future by evaluating how laws and
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H908 CONGRESSIONAL RECORD — HOUSE February 6, 2020
policies on sectoral bargaining have The Acting Chair. The gentlewoman Mr. MEADOWS. Madam Chair, I have
been playing out in other countries, is recognized for 5 minutes. an amendment at the desk.
strengthening workers’ ability to effec- Ms. FOXX of North Carolina. Madam The Acting CHAIR. The Clerk will
tively bargain in the face of a rapidly Chairwoman, I yield myself such time designate the amendment.
changing economy. as I may consume. The text of the amendment is as fol-
Specifically, my amendment asks the This amendment will open Pandora’s lows:
GAO to assess the various forms of sec- box. Sectoral bargaining which would Strike page 30, line 17, and all that follows
toral bargaining, including: apply a single one-size-fits-all contract through page 31, line 2.
One, multiemployer bargaining, to every employee in every business The Acting CHAIR. Pursuant to
which permits unions to collectively across a particular industry in the House Resolution 833, the gentleman
bargain contracts for workers across a United States would be an unmitigated from North Carolina (Mr. MEADOWS)
region or an industry; disaster for American small businesses. and a Member opposed each will con-
Two, pattern bargaining, which in- It would rob small business owners and trol 5 minutes.
volves union organizing and collective workers alike of the freedom to nego- The Chair recognizes the gentleman
bargaining with all the companies in tiate their own contracts. from North Carolina.
an industry. The United Auto Workers Every business is different. One-size- Mr. MEADOWS. Madam Chairman,
has used this model to bargain for com- fits-all union contracts applied across my amendment strikes the language in
mon terms with the big three in Michi- an entire industry throughout the the PRO Act that would, in effect, re-
gan; and United States would saddle small busi- peal right-to-work laws nationwide.
Three, wage standard boards where nesses with labor and employment Currently, 27 States have adopted
government, industry, and labor would costs that do not work for their par- right-to-work laws that protect work-
be responsible for setting wages, bene- ticular business and that they may not ers in their States from forced union-
fits, and other terms and conditions of be able to afford. ization. Eight of these States further
employment across specific industries. Similarly, employees would be forced protect their workers by enshrining
Madam Chairwoman, the Education to accept wages, benefits, and other right to work in their State constitu-
and Labor Committee has held three terms and conditions of employment tions.
hearings on the future of work where that they had no say in determining, At their root, right-to-work laws let
we have begun exploring alternative and that may not work for their indi- workers choose whether or not to join
models to empower workers in the face vidual situations. a union. Right-to-work laws do not ban
of this rapidly changing economy. b 1815 union membership. Instead, they let
While sectoral bargaining is no sub- workers, not their employer and not
Collective bargaining agreements al-
stitute for the essential reforms in the the government, make the choice for
ready force workers into one-size-fits-
PRO Act, a number of emerging indus- all contracts, but currently, in the them.
tries, think tanks, and other worker United States, they are at least con- My colleagues opposite want to make
advocates have begun to explore this fined within the walls of one business the government the answer to every-
idea to complement the PRO Act. at a time. thing. Yet, here we are today, and we
We ask that the GAO also assess the Sectoral bargaining is a flawed and should be protecting American values,
economic impacts of sectoral bar- economically stifling policy used in American freedoms, that freedom of
gaining, including the impact on other countries, and one we should not speech and that freedom to associate as
wages, prices, productivity, and the de- be importing into the United States. It a worker chooses.
velopment of emerging industries, in- would likely expand union contracts to The Supreme Court already recog-
cluding those who engage their hundreds of thousands of additional nized these rights in the union context
workforces through technology. employees, to the detriment of every when it ruled that government workers
As a co-chair of the Future of Work worker hoping for more individualized cannot be forced to pay union dues.
Task Force on the New Democrat Coa- wages and benefits. Taking away this freedom in the pri-
lition, we, as Democrats, realize that The absence of sectoral bargaining vate sector would reverse decades of
there is an urgency to start to fix the has allowed America’s spirit of freedom protections that the States have given
problem that some of this legislation and innovation to drive unrivaled eco- their workers.
addresses. But this must not be the end nomic growth and prosperity. Congress I might add that some of the best
of the conversation of what we need to should not entertain importing the so- growing economies are States where we
do to support workers and allow our cialist method of collective bargaining have this ability, and my colleagues
economy to thrive in the 21st century from other countries. Look at our opposite want to, indeed, come in and
labor movement. economy, especially compared to so- reach into States and tell them how to
Another amendment I had introduced cialist European economies. It is boom- operate when we have growing econo-
was not made in order, but it would ing; they are stagnant. mies?
have asked the GAO to explore the de- The United States Congress does not If California wants to make sure that
ployment of portable benefit systems need to import the worst economic everybody has to be in a union, let
and the feasibility of a new employee ideas from other countries with weaker them move to California.
classification for this gig economy and economies, but socialist Democrats in- But do you know what? The verdict
their employees. sist on doing so. Sectoral bargaining is is already in. They are leaving Cali-
We will continue exploring these al- one such proposal that we should not fornia for States like Texas and other
ternative work models that ensure a entertain. places where workers truly have the
strong set of benefits and protections Madam Chairman, I have seen some ability to choose for themselves.
for workers, while allowing them to re- interesting amendments in my time in I believe that we ought to adopt this
tain the independence and flexibility the Congress, in this Chamber, but I amendment, and I reserve the balance
they want. have to say, this is the most bizarre of my time.
With a comprehensive assessment by amendment that I believe I have ever Mr. LEVIN of Michigan. Madam
the GAO on sectoral bargaining in seen. I urge my colleagues to defeat the Chairman, I claim the time in opposi-
other countries, Congress will be better amendment, and I yield back the bal- tion to this amendment.
informed on the next steps after the ance of my time. The Acting CHAIR. The gentleman is
PRO Act is enacted into law. The Acting CHAIR. The question is recognized for 5 minutes.
on the amendment offered by the gen- Mr. LEVIN of Michigan. Madam
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I urge a ‘‘yes’’ vote on my amend-
ment, and I reserve the balance of my tlewoman from Michigan (Ms. STE- Chairwoman, this amendment is a
time. VENS). naked attempt to undermine unions by
The Acting CHAIR. The time of the The amendment was agreed to. making it harder to collect reasonable
gentlewoman has expired. AMENDMENT NO. 10 OFFERED BY MR. MEADOWS fees for the services that they are re-
Ms. FOXX of North Carolina. Madam The Acting CHAIR. It is now in order quired by law to perform.
Chairwoman, I rise in opposition to the to consider amendment No. 10 printed Unions have a legal obligation to rep-
amendment. in part B of House Report 116–392. resent and advocate for all members of
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H909
a bargaining unit, even if those people Mr. LEVIN of Michigan. Madam I suggest that we support this amend-
choose to remain nonunion. As a re- Chairwoman, the real motives are re- ment, and I reserve the balance of my
sult, the law has created a perverse in- vealed in the rhetoric. This is an at- time.
centive for workers to receive the ben- tack on unions themselves. Mr. LEVIN of Michigan. Madam
efits of unions’ labor without paying a The way that our labor relations Chairwoman, I challenge the gen-
reasonable fee for these services—in have been organized since the 1930s tleman to point out a Chamber of Com-
fact, without paying anything at all. when the Wagner Act was passed is merce in this country that allows peo-
For years, so-called right-to-work that private-sector labor relations are ple to receive the benefits of the cham-
laws have been wildly misnamed. They governed by Federal law. Everything ber without paying dues. They have
don’t actually provide any right to a about our National Labor Relations members and nonmembers. Health
job. Instead, they allow States to inter- Act and the way workers can form clubs, any kind of organization in this
fere with the freedom of contract, sole- unions in the private sector and the country, people pay their fair share for
ly for the purposes of pitting workers rules for how elections happen, all the benefits that it creates.
against one another and threatening a these things are Federal. The purpose of right-to-freeload laws
union’s ability to exist at all. This carve-out for States to be able has been nakedly obvious from the be-
Let me be clear, the PRO Act does to try to starve workers’ organizations ginning in the 1940s when they were
not allow the employer and union to by allowing this free-riding to go on is pushed by far rightwing foundations
agree that employees must be a mem- something that happened over Presi- like the Olin Foundation and the
ber of the union as a condition of em- dent Truman’s veto, and, yes, we have Scaife Foundation, whose sole purpose
ployment. Despite the rhetoric, that been against it for the last 70 years. was to destroy collective bargaining in
has not been possible since the late The proof is in the pudding. The right- this country.
1940s when the Supreme Court decided to-freeload States have lower incomes; The other side is trying to destroy
that no worker can be required to be a they have lower percentages of workers the solidarity of American workers, to
member of a union. It is simply false. who have benefits; and they have benefit the bosses and the employers
Nor does it allow fair share dues to go shorter life expectancy. that want to have a union-free environ-
toward political activity or advocacy. Over and over, the statistics show ment.
It covers only the cost of representa- that workers and families are better The facts are so obvious. When work-
tion and contract administration, what off. The old saw about letting people ers come together and form unions,
the union is required by law to provide keep their hard-earned money, unions they make more money; they make
for everybody in the bargaining unit. are something that workers form vol- better wages; they are five times more
The PRO Act simply restores fairness untarily to advance their interests. likely to have a pension; and they are
to the system. Union members make more money much more likely to have employer-
Madam Chair, I urge my colleagues than nonunion members. They make a provided health insurance. This is the
to oppose this amendment, and I re- great investment by coming together truth.
serve the balance of my time. and bargaining together to form a Employers and their enablers simply
Mr. MEADOWS. Madam Chair, it is union. want to destroy collective bargaining
interesting to hear this debate because Our labor relations are set up for in this country, and I don’t care if it is
the very State that the gentleman is workers to make a democratic choice State by State or any other way.
from is a right-to-work State. I find it as a group in a workplace about wheth- Right is right, and wrong is wrong.
just amazing. He comes down here and er or not to form a union. If workers These laws have been wrong since they
suggests that somehow Washington, come together and make that choice, it came into existence, and they are still
D.C., knows better than his own home is only fair that everybody pays their wrong today.
State. fair share to administer the contract
Madam Chair, I yield 1 minute to the Madam Chair, I yield back the bal-
that benefits all of them.
gentleman from Texas (Mr. WEBER). ance of my time.
Madam Chairwoman, I reserve the
Mr. WEBER of Texas. Madam Chair, balance of my time. Mr. MEADOWS. Madam Chair, may I
I thank the gentleman. Mr. MEADOWS. Madam Chair, I just inquire how much time I have remain-
The gentleman over there used the find it amazing that somehow we are ing.
word ‘‘perverse.’’ There is something here debating this issue, and he is sug- The Acting CHAIR. The gentleman
perverse here, all right. I will say that gesting that the numbers prove his from North Carolina has 45 seconds re-
I support the amendment by Mr. MEAD- point, and they do exactly the oppo- maining.
OWS. site. Mr. MEADOWS. Madam Chair, at
Among the numerous perverse power The fact of the matter is that the least we have found something that the
grabs in this bill offered today, H.R. reason why unions are failing is be- gentleman from Michigan and I can
2474 seeks to eliminate right-to-work cause the workers are going other agree on. What is wrong is wrong, and
protections nationwide, superseding places because they get a better ben- that is wrong.
laws passed in those 27 States my good efit. When you look at what the gen-
friend talked about, including my It is what it is because of what we are tleman is trying to propose with his
home State of Texas, which as he al- seeing on the ground not only in North legislation, and the fact that he is try-
luded to, by the way, its economy is so Carolina and Texas but in 27 other ing to put the will of Washington, D.C.,
successful and our economy so big that States. It is more than half of the on States all across this great country,
if we were a country, we would be the country. Yet the gentleman from that is wrong.
10th largest country in the world. That Michigan over here somehow says: Why do we not allow the status quo
is how good our economy is. Well, it is the freeloaders. to continue? Why? Because it is good
Right-to-work laws prohibit the ter- I can tell you, Madam Chair, based for workers. It is good for my State. It
mination of employees for refusal to on his assumption, there are a few peo- is good for South Carolina. It is good
join or pay dues or fees to an organiza- ple who pay dues into the Freedom for Texas. It is good for all kinds of
tion they may or may not even sup- Caucus. Some of the things that we States. I would even say it is good for
port. have supported he has actually bene- his State because he is a right-to-work
Let’s protect families, not organiza- fited from. So should he pay dues to State.
tions. Let’s protect families’ incomes, the Freedom Caucus, based on his as- But do you know what? We have
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not unions’. sumption? talking points that are prepared by
My friend Mr. MEADOWS’ amendment I think that he would have a problem people who will benefit from this legis-
strikes the provision of this bill so that with that, just like everyone over here lation and nothing more. This does not
States may continue to protect work- has a problem with forcing people to help the worker.
ers from forced unionization and en- pay union dues when they don’t want Madam Chair, I urge the adoption of
sure Americans keep their hard-earned to join the union, and this is the pro- my amendment, and I yield back the
money. tection for that. balance of my time.
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H910 CONGRESSIONAL RECORD — HOUSE February 6, 2020
The Acting CHAIR. The question is believes that he or she has been terminated person alleged to have committed the viola-
on the amendment offered by the gen- or in any other way discriminated against by tion or the complainant may file objections
tleman from North Carolina (Mr. any person in violation of subsection (a) may to the findings or preliminary order, or both,
file (or have any person file on his or her be- and request a hearing on the record. The fil-
MEADOWS). half) a complaint with the Secretary of ing of such objections shall not operate to
The question was taken; and the Act- Labor alleging such violation. Such a com- stay any reinstatement remedy contained in
ing Chair announced that the noes ap- plaint must be filed not later than either— the preliminary order. Any such hearing
peared to have it. ‘‘(i) 180 days after the date on which such shall be conducted expeditiously, and if a
Mr. MEADOWS. Madam Chair, I de- alleged violation occurs; or hearing is not requested in such 30-day pe-
mand a recorded vote. ‘‘(ii) 180 days after the date upon which the riod, the preliminary order shall be deemed a
The Acting CHAIR. Pursuant to employee knows or should reasonably have final order that is not subject to judicial re-
clause 6 of rule XVIII, further pro- known that such alleged violation in sub- view.
ceedings on the amendment offered by section (a) occurred. ‘‘(E) PROCEDURES.—
‘‘(B) ACTIONS OF SECRETARY OF LABOR.— ‘‘(i) IN GENERAL.—A hearing requested
the gentleman from North Carolina Upon receipt of such a complaint, the Sec- under this paragraph shall be conducted ex-
will be postponed. retary of Labor shall notify, in writing, the peditiously and in accordance with rules es-
b 1830 person named in the complaint who is al- tablished by the Secretary for hearings con-
leged to have committed the violation, of— ducted by administrative law judges.
AMENDMENT NO. 11 OFFERED BY MS. JACKSON
‘‘(i) the filing of the complaint; ‘‘(ii) SUBPOENAS; PRODUCTION OF EVI-
LEE
‘‘(ii) the allegations contained in the com- DENCE.— In conducting any such hearing, the
The Acting CHAIR. It is now in order plaint; administrative law judge may issue sub-
to consider amendment No. 11 printed ‘‘(iii) the substance of evidence supporting poenas. The respondent or complainant may
in part B of House Report 116–392. the complaint; and request the issuance of subpoenas that re-
Ms. JACKSON LEE. Madam Chair, I ‘‘(iv) opportunities that will be afforded to quire the deposition of, or the attendance
have an amendment at the desk. such person under paragraph (2). and testimony of, witnesses and the produc-
The Acting CHAIR. The Clerk will ‘‘(2) INVESTIGATION BY SECRETARY OF tion of any evidence (including any books,
LABOR.— papers, documents, or recordings) relating to
designate the amendment.
‘‘(A) IN GENERAL.—Not later than 60 days the matter under consideration.
The text of the amendment is as fol-
after the date of receipt of a complaint filed ‘‘(4) ISSUANCE OF FINAL ORDERS; REVIEW
lows: under paragraph (1), and after affording the PROCEDURES.—
On page 31, line 18, strike ‘‘Section 203(c)’’ complainant and the person named in the ‘‘(A) TIMING.—Not later than 120 days after
and insert ‘‘(a) IN GENERAL.—Section 203(c)’’. complaint who is alleged to have committed the date of conclusion of any hearing under
On page 32, after line 7, insert the fol- the violation that is the basis for the com- paragraph (2), the Secretary of Labor shall
lowing: plaint an opportunity to submit to the Sec- issue a final order providing the relief pre-
(b) WHISTLEBLOWER PROTECTIONS.—The retary of Labor a written response to the scribed by this paragraph or denying the
Labor-Management Reporting and Disclo- complaint and an opportunity to meet with complaint. At any time before issuance of a
sure Act of 1959 (29 U.S.C. 401 et seq.) is fur- a representative of the Secretary of Labor to final order, a proceeding under this sub-
ther amended— present statements from witnesses, the Sec- section may be terminated on the basis of a
(1) by redesignating section 611 (29 U.S.C. retary of Labor shall— settlement agreement entered into by the
531) as section 612; and ‘‘(i) initiate an investigation and deter- Secretary of Labor, the complainant, and the
(2) by inserting after section 610 (29 U.S.C. mine whether there is reasonable cause to person alleged to have committed the viola-
530), the following new section: believe that the complaint has merit; and tion.
‘‘WHISTLEBLOWER PROTECTIONS ‘‘(ii) notify the complainant and the person ‘‘(B) AVAILABLE RELIEF.—
‘‘SEC. 611. alleged to have committed the violation of ‘‘(i) ORDER OF SECRETARY OF LABOR.—If, in
‘‘(a) IN GENERAL.—No employer or labor or- subsection (a), in writing, of such determina- response to a complaint filed under para-
ganization shall terminate or in any other tion. graph (1), the Secretary of Labor determines
way discriminate against, or cause to be ter- ‘‘(B) GROUNDS FOR DETERMINATION OF COM- that a violation of subsection (a) has oc-
minated or discriminated against, any appli- PLAINTS.—The Secretary of Labor shall dis- curred, the Secretary of Labor shall order
cant, covered employee, or former covered miss a complaint filed under this subsection, the person who committed such violation—
employee, of the employer or the labor orga- and shall not conduct an investigation other- ‘‘(I) to take affirmative action to abate the
nization by reason of the fact that such ap- wise required under paragraph (2), unless the violation;
plicant, covered employee, or former covered complainant makes a prima facie showing ‘‘(II) to reinstate the complainant to his or
employee does, or the employer or labor or- that any behavior described in paragraphs (1) her former position, together with com-
ganization perceives the employee to do, any through (5) of subsection (a) was a contrib- pensation (including back pay with interest)
of the following: uting factor in the unfavorable personnel ac- and restore the terms, conditions, and privi-
‘‘(1) Provide, cause to be provided, or is tion alleged in the complaint. leges associated with his or her employment;
about to provide or cause to be provided, in- ‘‘(3) BURDENS OF PROOF.— ‘‘(III) to provide compensatory damages to
formation to the labor organization, the De- ‘‘(A) CRITERIA FOR DETERMINATION.—In the complainant; and
partment of Labor, or any other State, local, making a determination or adjudicating a ‘‘(IV) expungement of all warnings, rep-
or Federal Government authority or law en- complaint pursuant to this subsection, the rimands, or derogatory references that have
forcement agency relating to any violation Secretary, an administrative law judge or a been placed in paper or electronic records or
of, or any act or omission that such em- court may determine that a violation of sub- databases of any type relating to the actions
ployee reasonably believes to be a violation section (a) has occurred only if the com- by the complainant that gave rise to the un-
of, any provision of this Act. plainant demonstrates that any conduct de- favorable personnel action, and, at the com-
‘‘(2) Testify or plan to testify or otherwise scribed in subsection (a) with respect to the plainant’s direction, transmission of a copy
participate in any proceeding resulting from complainant was a contributing factor in the of the decision on the complaint to any per-
the administration or enforcement of any adverse action alleged in the complaint. son whom the complainant reasonably be-
provision of this Act. ‘‘(B) PROHIBITION.—Notwithstanding sub- lieves may have received such unfavorable
‘‘(3) File, institute, or cause to be filed or paragraph (A), a decision or order that is fa- information.
instituted, any proceeding under this Act. vorable to the complainant shall not be ‘‘(ii) COSTS AND EXPENSES.—If an order is
‘‘(4) Assist in any activity described in issued in any administrative or judicial ac- issued under clause (i), the Secretary of
paragraphs (1) through (3). tion pursuant to this subsection if the re- Labor, at the request of the complainant,
‘‘(5) Object to, or refuse to participate in, spondent demonstrates by clear and con- shall assess against the person against whom
any activity, policy, practice, or assigned vincing evidence that the respondent would the order is issued, a sum equal to the aggre-
task that such covered employee reasonably have taken the same adverse action in the gate amount of all costs and expenses (in-
believes to be in violation of any provision of absence of such conduct. cluding attorney fees and expert witness
this Act. ‘‘(C) NOTICE OF RELIEF AVAILABLE.—If the fees) reasonably incurred, as determined by
‘‘(b) DEFINITION OF COVERED EMPLOYEE.— Secretary of Labor concludes that there is the Secretary of Labor, by the complainant
For the purposes of this section, the term reasonable cause to believe that a violation for, or in connection with, the bringing of
‘covered employee’ means any employee or of subsection (a) has occurred, the Secretary the complaint upon which the order was
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agent of an employer or labor organization, of Labor shall, together with the notice issued.
including any person with management re- under subparagraph (A)(ii), issue a prelimi- ‘‘(C) FRIVOLOUS CLAIMS.—If the Secretary
sponsibilities on behalf of the employer or nary order providing the relief prescribed by of Labor finds that a complaint under para-
labor organization. paragraph (4)(B). graph (1) is frivolous or has been brought in
‘‘(c) PROCEDURES AND TIMETABLES.— ‘‘(D) REQUEST FOR HEARING.—Not later bad faith, the Secretary of Labor may award
‘‘(1) COMPLAINT.— than 30 days after the date of receipt of noti- to the prevailing employer or labor organiza-
‘‘(A) IN GENERAL.—An applicant, covered fication of a determination of the Secretary tion a reasonable attorney fee, not exceeding
employee, or former covered employee who of Labor under this paragraph, either the $1,000, to be paid by the complainant.
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H911
‘‘(D) DE NOVO REVIEW.— controversy or the citizenship of the parties, This is important legislation. The
‘‘(i) FAILURE OF THE SECRETARY TO ACT.—If to enforce such order. whistleblower protection is important
the Secretary of Labor has not issued a final ‘‘(C) AWARD OF COSTS AUTHORIZED.—The because Ms. Lawson would have the
order within 270 days after the date of filing court, in issuing any final order under this
ability to be able to report what is hap-
of a complaint under this subsection, or paragraph, may award costs of litigation (in-
within 90 days after the date of receipt of a cluding reasonable attorney and expert wit- pening to her without losing her job as
written determination, the complainant may ness fees) to any party, whenever the court a single mother with a young child.
bring an action at law or equity for de novo determines such award is appropriate. Madam Chair, I ask my colleagues to
review in the appropriate district court of ‘‘(D) MANDAMUS PROCEEDINGS.—Any non- support the Jackson Lee amendment,
the United States having jurisdiction, which discretionary duty imposed by this section and I reserve the balance of my time.
shall have jurisdiction over such an action shall be enforceable in a mandamus pro- Ms. FOXX of North Carolina. Madam
without regard to the amount in con- ceeding brought under section 1361 of title 28, Chair, I claim the time in opposition to
troversy, and which action shall, at the re- United States Code. the amendment, although I plan to
quest of either party to such action, be tried ‘‘(d) UNENFORCEABILITY OF CERTAIN AGREE-
MENTS.—Notwithstanding any other provi- vote in favor of the amendment.
by the court with a jury.
sion of law, the rights and remedies provided The Acting CHAIR. Without objec-
‘‘(ii) PROCEDURES.—A proceeding under
clause (i) shall be governed by the same legal for in this section may not be waived by any tion, the gentlewoman from North
burdens of proof specified in paragraph (3). agreement, policy, form, or condition of em- Carolina is recognized for 5 minutes.
ployment, including by any predispute arbi- There was no objection.
The court shall have jurisdiction to grant all
tration agreement. Ms. FOXX of North Carolina. Madam
relief necessary to make the employee ‘‘(e) SAVINGS.—Nothing in this subsection
whole, including injunctive relief and com- shall be construed to diminish the rights,
Chair, this amendment is little more
pensatory damages, including— privileges, or remedies of any employee who than a recognition from the Democrats
‘‘(I) reinstatement with the same seniority exercises rights under any Federal or State that the PRO Act is truly a union boss
status that the employee would have had, law or common law, or under any collective wish list that strips rights away from
but for the discharge or discrimination; bargaining agreement.’’. workers, increases the coercive power
‘‘(II) the amount of back pay, with inter-
est; The Acting CHAIR. Pursuant to of union bosses, and will make union
‘‘(III) compensation for any special dam- House Resolution 833, the gentlewoman corruption like we are seeing at the
ages sustained as a result of the discharge or from Texas (Ms. JACKSON LEE) and a United Auto Workers Union even
discrimination, including litigation costs, Member opposed each will control 5 likelier.
expert witness fees, and reasonable attorney minutes. It is ironic that Democrats have cho-
fees; and The Chair recognizes the gentle- sen to offer whistleblower protection
‘‘(IV) expungement of all warnings, rep- woman from Texas. for illegal union activities as an
rimands, or derogatory references that have Ms. JACKSON LEE. Madam Chair, I amendment to the PRO Act after years
been placed in paper or electronic records or rise with enthusiasm and support for
databases of any type relating to the actions
of opposing more transparency and ac-
H.R. 2474, the PRO Act. countability for union leaders when the
by the complainant that gave rise to the un-
I would indicate that in America we Republicans were in the majority.
favorable personnel action, and, at the com-
plainant’s direction, transmission of a copy would ask the question, When will we Last Congress, Congressman FRANCIS
of the decision on the complaint to any per- have a 40-hour week or the weekend? ROONEY offered not one, but two bills
son whom the complainant reasonably be- All brought about by union organizing with whistleblower protections for
lieves may have received such unfavorable and union leadership. union corruption. Both bills had zero
information. We need the PRO Act to ensure that Democrat cosponsors. This attempt to
‘‘(E) OTHER APPEALS.—Unless the com- Americans across the land have the provide Democrat Members with a
plainant brings an action under subpara- ability legally to organize and to be
graph (D), any person adversely affected or talking point is too little too late and
able to operate under the Labor Man- does nothing to address the PRO Act’s
aggrieved by a final order issued under sub- agement Reporting and Disclosure Act.
paragraph (A) may file a petition for review overwhelming problems.
Let me also say that it is imperative
of the order in the United States Court of Madam Chair, I reserve the balance
that we begin to recognize that the
Appeals for the circuit in which the violation of my time.
with respect to which the order was issued, American people like unions. Over 64
Ms. JACKSON LEE. Madam Chair,
allegedly occurred or the circuit in which percent of Americans and millennials
may I inquire as to how much time is
the complainant resided on the date of such appreciate the idea of having represen-
remaining?
violation, not later than 60 days after the tation for better quality of life and
The Acting CHAIR. The gentlewoman
date of the issuance of the final order of the work.
Secretary of Labor under subparagraph (A). So I rise to add to this very impor- from Texas has 3 minutes remaining.
Review shall conform to chapter 7 of title 5, tant legislation an amendment that ex- The gentlewoman from North Carolina
United States Code. The commencement of tends whistleblower protections to em- has 4 minutes remaining.
proceedings under this subparagraph shall
ployees of both employers and unions Ms. JACKSON LEE. Madam Chair,
not, unless ordered by the court, operate as
under the Labor Management Report- let me, first of all, thank the gentle-
a stay of the order. An order of the Secretary woman from North Carolina (Ms.
of Labor with respect to which review could ing and Disclosure Act. This is a fair
and balanced amendment. We remem- FOXX), ranking member, for her sup-
have been obtained under this subparagraph
ber Supreme Court decisions like the port.
shall not be subject to judicial review in any
criminal or other civil proceeding. Janus Act, and many others, who un- Let me also thank the chairman of
‘‘(5) FAILURE TO COMPLY WITH ORDER.— dermine the ability for unions to be this committee for his leadership and
‘‘(A) ACTIONS BY THE SECRETARY.—If any able to organize or to engage. This pro- support, and the staff for working with
person has failed to comply with a final tects the people who are trying to or- my staff so very ably.
order issued under paragraph (4), the Sec-
ganize. But let me add that, as I have seen,
retary of Labor may file a civil action in the committee Democrats on this par-
But the whistleblower protections
United States district court for the district ticular committee strongly agree that
in which the violation was found to have oc- allow employees of employers and em-
ployees of unions to be protected if allegations of corruption should be
curred, or in the United States district court
for the District of Columbia, to enforce such they see something wrong and they fully investigated. They have not ig-
order. In actions brought under this para- want to make sure that it is right. nored it, and those who are charged
graph, the district courts shall have jurisdic- Let me give you an example: should be prosecuted and held account-
tion to grant all appropriate relief including Today, I met Kimberly Lawson, who able. They have not ignored it. That is
injunctive relief, compensatory and punitive is part of the Fight for $15. She also why we have robust criminal and civil
damages. came to share the problems she has had penalties for unions and companies.
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‘‘(B) CIVIL ACTIONS TO COMPEL COMPLI- with sexual harassment on the job. It This is about whistleblower protec-
ANCE.—A person on whose behalf an order
happens to be in one of the fast-food tion, and I would say that no union is
was issued under paragraph (4) may com-
operations. She said, on the record, against this. That is why this amend-
mence a civil action against the person to
whom such order was issued to require com- that if we could pass the PRO Act, she ment particularly reinforces that the
pliance with such order. The appropriate wouldn’t be alone trying to raise our employees of employers and employees
United States district court shall have juris- hourly wage or face sexual harassment of unions have the right to bring to the
diction, without regard to the amount in without a union to help her. attention anything that undermines
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H912 CONGRESSIONAL RECORD — HOUSE February 6, 2020
their workplace or their quality of going to deter or dissuade us from tak- Ms. JACKSON LEE. Madam Chair, I
work. ing this historic step towards strength- reserve the balance of my time.
I believe this is an amendment that ening workers’ rights to organize and Ms. FOXX of North Carolina. Madam
all of us can support and that it focuses restoring balance to the economy. Chair, I believe that I am in opposition,
on whistleblowers, and I ask my col- As I said earlier, the growing support do I not have the right to close?
leagues to support it. for unions is phenomenal. Millions of The Acting CHAIR. The gentlewoman
Madam Chair, I reserve the balance Americans look for a better quality of from North Carolina indicated her sup-
of my time. life because unions are negotiating on port for the amendment.
Ms. FOXX of North Carolina. Madam their behalf. If this particular em- Ms. FOXX of North Carolina. Madam
Chair, Democrats bemoan that plum- ployee at the fast-food organization Chair, may I inquire how much time I
meting union membership does not re- had a union, she would be able to orga- have remaining?
flect workers’ actual opinion of unions. nize and ensure that she got $15 an The Acting CHAIR. The gentlewoman
But NLRB decisions and so-called con- hour, or to be able to make sure she from North Carolina has 30 seconds re-
servative attacks are not the reason had better healthcare for her young 5- maining.
workers have voluntarily chosen to year-old. Ms. FOXX of North Carolina. Madam
leave unions behind. Madam Chair, this is legislation that Chair, I am prepared to close, and I
Democrats and their friends in Big is long in coming. And my amendment yield myself the balance of my time.
Labor refuse to acknowledge that mil- adds to the importance of it by pro- Madam Chair, the PRO Act is one of
lions of workers are simply dis- tecting whistleblowers who work for the most antiworker and anti-small
enchanted with union representation employers and work for unions. I also business bills to be considered by Con-
and that union leaders have lost the want to say that the Government Ac- gress in decades, and this amendment
trust of their members. countability Project that protects does not change that.
We need not look any further than whistleblowers is supporting this legis- The PRO Act is a liberal Democrat
the ongoing corruption scandal at lation. I would ask that my colleagues wish list designed to enrich and em-
United Auto Workers in which several support it because we are standing up power union bosses and trial lawyers at
high-ranking union officials have al- to corruption, but we are also standing the expense of rank-and-file workers
ready been convicted of a litany of up for workers—workers who need op- and small businesses.
crimes, including embezzlement, mis- portunities and the ability to get a bet- While I will support the amendment
use of workers’ union dues on lavish ter quality of life. by the gentlewoman from Texas, we
personal expenses, money laundering, Madam Chair, I reserve the balance will still oppose the bill, and I yield
tax fraud, and accepting bribes in vio- of my time. back the balance of my time.
lation of Federal labor law. Ms. FOXX of North Carolina. Madam Ms. JACKSON LEE. Madam Chair,
Two former UAW vice presidents Chair, I yield myself such time as I may I inquire how much time is re-
have been charged. The last two UAW may consume. maining?
presidents have been formally impli- Democrats believe one-size-fits-all The Acting CHAIR. The gentlewoman
cated in a racketeering scheme of more union contracts are good for workers in has 1 minute remaining.
than $1.5 million, and the current UAW the modern economy and that forcing Ms. JACKSON LEE. Madam Chair, I
president is under investigation for re- these workers to pay hundreds of dol- thank the gentlewoman from North
ceiving bribes and kickbacks. lars per year to left-wing political or- Carolina for us being able to come to-
The UAW is now at risk of being ganizations is the only way to guar- gether around a very vital amendment
placed under Federal oversight under antee wage growth, combat inequality, that gives protection to employees of
the Racketeering Influence and Corrup- and strengthen the middle class. But employers and employees of unions to
tion Organization Act, or RICO. That is the last 3 years and beyond have made be able to indicate when matters are
why I have sent not one, not two, but clear that nothing could be further wrong, incorrect, or violate the law, or
three letters requesting a public hear- from the truth. impact negatively on employees of any
ing by the Committee on Education Wages are not stagnant, and to claim organization.
and Labor to examine this widening they are is a blatant lie. Wages have But what I would say is that it is im-
corruption scandal. grown by 3 percent each of the last 2 portant that this particular legislation
It should come as no surprise that years. Moreover, the Federal Reserve go forward because of the historic na-
the UAW, long one of the largest Bank of Atlanta reported the pay for ture of ensuring the ability to organize
unions in the country and a major ben- the bottom 25 percent of workers rose for willing individuals.
efactor of the Democrat party, lost 4.5 percent from a year earlier, com- And let me cite Kimberly Lawson
35,000 members in 2018, and the overall pared to 2.9 percent for the top 25 per- again. She is fighting for $15. A union
union membership fell again in 2019 to cent, meaning wages are rising faster would help her provide for her family
just 6.2 percent. for rank-and-file workers than for their and organize for those dollars. Maybe
Rather than increase transparency bosses. we don’t know about those particular
and accountability to serve workers Over the first 3 years of the Trump workers who are living below the pov-
better, over the past decade unions suc- presidency, wages for the bottom 10 erty line or living with wages that are
cessfully lobbied the Obama adminis- percent of earners over age 25 rose an below an hourly wage or decent wage.
tration to roll back transparency re- average of 5.9 percent per year com- Unions would help that.
quirements and are now calling on pared to 2.4 percent during President We cannot talk about individuals al-
their political allies in Congress to Obama’s second term. Wages for the ready in the higher, upper brow of
pass the radical, coercive H.R. 2474 as a middle two quartiles have also grown work in this Nation. Their salaries
bailout. faster under President Trump than may be going up. Hers is not.
Madam Chair, I reserve the balance during President Obama’s second term. Madam Chair, I ask my colleagues to
of my time. Overall, the typical American house- support and vote for the Jackson Lee
Ms. JACKSON LEE. Madam Chair, hold earns over $1,000 more per month amendment and support the PRO Act.
may I inquire how much time is re- today, adjusted for inflation, than it Madam Chair, I would like to offer an
maining for both sides? did in 1975. The union membership rate amendment today that would provide whistle-
The Acting CHAIR. The gentlewoman today is less than half of what it was in blower protections to employees who report
from Texas has 2 minutes remaining. 1975. violations of the Labor Management Reporting
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The gentlewoman from North Carolina Madam Chair, I reserve the balance and Disclosure Act (LMRDA). This amend-
has 2 minutes remaining. of my time. ment covers BOTH employees of employers
Ms. JACKSON LEE. Madam Chair, Ms. JACKSON LEE. Madam Chair, do as well as employees of labor unions.
let me be very clear. It is an important I have the right to close as the pro- The LMRDA is an important labor law
point to make that Democrats—the ponent of the amendment? passed in 1959 that protects union members’
committee Democrats, in particular— The Acting CHAIR. The gentlewoman through a ‘‘bill of rights’’ for members of labor
recognize that a few bad actors are not from Texas has the right to close. organizations, requires extensive reporting and
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H913
public disclosure of labor union finances, The Acting CHAIR. The Clerk will their unions that they haven’t voted on
guards against the failure to observe high designate the amendment. or wanted.
standards of responsibility and ethical conduct The text of the amendment is as fol- All employees deserve honest rep-
by providing civil and criminal remedies lows: resentation and the ability to decertify
against employers and unions who engage in Page 16, beginning line 1, strike subpara- a collective bargaining agreement if
misconduct, and mandates transparency re- graph (A) and insert the following: they no longer need union representa-
garding arrangements between employers and (A) in paragraph (1)— tion. I encourage all of my colleagues
anti-labor consultants. (i) in subparagraph (A), by striking ‘‘or’’ at to join me in supporting the current
I am pleased that the PRO Act includes re- the end; and future workforce by supporting
forms to the LMRDA that further clarify the (ii) in subparagraph (B), by adding ‘‘or’’ at
this amendment.
original intent of the law by ensuring that em- the end; and
Madam Chair, I reserve the balance
(iii) by inserting after subparagraph (B)
ployers not only disclose arrangements they of my time.
the following new subparagraph:
enter into with antiunion consultants to directly
persuade employees on how to exercise their
‘‘(C) by an employee or a group of employ- b 1845
ees or any individual or labor organization
rights under the NLRA, but also to disclose ar- acting in their behalf, or an employer, alleg-
Mr. LEVIN of Michigan. I rise in op-
rangements where the consultants are hired to ing that the labor organization that has been position to this amendment, Madam
engage in indirect persuasion activities. certified or is currently recognized by the Chairwoman.
Examples of indirect persuasion include employer as the bargaining representative is The Acting CHAIR. The gentleman
planning employee meetings, drafting speech- no longer a representative as defined in sub- from Michigan is recognized for 5 min-
es or presentations to employees, training em- section (a), if— utes.
ployer representatives, identifying employees ‘‘(i) fewer than 50 percent of the members Mr. LEVIN of Michigan. Madam
for disciplinary action or targeting, or drafting of the bargaining unit in question had an op- Chairwoman, there are no workers in
portunity to vote in the certification elec- America who are ‘‘locked into collec-
employer personnel policies.
tion that resulted in certifying the labor or-
The DOL has narrowly construed the law for tive bargaining agreements negotiated
ganization then recognized as the bargaining
too long and excludes up to 75% of the ar- representative for such unit; or decades ago’’—zero.
rangements with union busting consultants. To ‘‘(ii) no certification election was con- What happens in our country is that
remedy this, the PRO Act reinstates require- ducted regarding such unit;’’; workers vote to form a union in a
ments of the Persuader Rule adopted by the Page 17, after line 8, insert the following: workplace, and then they periodically
Obama Administration in 2016 but was unfor- (B) in paragraph (2), by adding at the end negotiate contracts.
tunately repealed by the Trump Administration. the following: ‘‘When a petition is filed under Usually, contracts last 2 or 3 years, 4
That repeal, coupled with the Trump Adminis- paragraph (1)(C), a question of representa- or 5 years. It is usually employers who
tration’s refusal to defend the rule in court, en- tion affecting commerce exists if the peti- want them to last longer. And the two
sures workers remain in the dark about the tioner establishes the existence of the cir- parties, in freedom of contract, agree
cumstances described in paragraph (1)(C)(i)
activities of consultants hired to bust union or- or paragraph (1)(C)(ii).’’;
on those terms.
ganizing drives. What the gentleman’s amendment
Another way to strengthen the LMRDA is to The Acting CHAIR. Pursuant to seeks to do is not for workers to have
provide whistleblower protections; which is ex- House Resolution 833, the gentleman any rights whatsoever. Workers al-
actly what this amendment does. All workers from Florida (Mr. ROONEY) and a Mem- ready have the right to decertify a
deserve whistleblower protections for reporting ber opposed each will control 5 min- union through an election. What this
potential violations of law, no matter their utes. amendment seeks to do is to give a
place of employment or the type of employer. The Chair recognizes the gentleman right to employers to destroy unions
This amendment covers reporting alleged vio- from Florida. by not recognizing a union anymore
lations by an employee, regardless of whether Mr. ROONEY of Florida. Madam under very strange circumstances.
their employer is a business or a labor organi- Chair, I yield myself such time as I The point of the National Labor Re-
zation. may consume. lations Act is to protect employees’
This amendment allows employees to file Madam Chair, I am proud to offer freedom to choose a union or refrain
complaints with the Department of Labor and this pro-worker amendment. Current from forming a union. This amend-
provides for a prompt investigation of allega- employees are locked into old, obso- ment, however, undermines that right
tions of unlawful retaliation. It ensures employ- lete, and outdated union contracts that by allowing an employer to step in and
ees have a right to a hearing, and effective were approved long before they ever demand a new election without any ob-
remedies including reinstatement, back pay came to work there. jective showing that the union no
and attorney fees. And if the DOL fails to act Employees deserve a voice that is re- longer enjoys majority support, no ob-
in a timely manner, employees have the right flective of today’s rapidly modernizing jective showing whatsoever.
to bring suit in federal court to secure a rem- workforce and workplace. Baby As I said, employees already have the
edy. I urge all members to support this boomers are retiring, and countless ex- right to petition for another election if
amendment. isting employees are locked into col- that is what they want. That is an ex-
Madam Chair, I yield back the bal- lective bargaining agreements made isting law. It is in the PRO Act.
ance of my time. decades ago. This amendment is a backdoor to
The Acting CHAIR. The question is In 2016 alone, NLRB data showed that
on the amendment offered by the gen- providing an employer the ability to
only 6 percent of union members voted conduct another antiunion campaign
tlewoman from Texas (Ms. JACKSON to be represented by their union in
LEE). designed to sow fear and discord
those agreements that they were bound amongst its employees. Under this
The question was taken; and the Act-
to. This simple amendment would amendment, a union with majority
ing Chair announced that the ayes ap-
allow employees to petition for a union support could be challenged by an em-
peared to have it.
Ms. JACKSON LEE. Madam Chair, I certification election whenever fewer ployer simply by virtue of the passage
demand a recorded vote. than 50 percent of the current union of time and the natural turnover that
The Acting CHAIR. Pursuant to members were members during the last exists in all workplaces.
clause 6 of rule XVIII, further pro- election. It also empowers employees My colleagues across the aisle often
ceedings on the amendment offered by who might deem unions unnecessary. It speak about the need to protect em-
the gentlewoman from Texas will be will allow them the right to decertify ployees’ rights to choose a union, and
postponed. and to represent themselves. yet here they are seeking to undermine
This proposal gives new and current
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AMENDMENT NO. 12 OFFERED BY MR. ROONEY OF that very right. This amendment is
FLORIDA employees a seat at the table. They get about promoting decertification, not
The Acting CHAIR. It is now in order their own voice and it provides for protecting the rights of workers.
to consider amendment No. 12 printed more accountability. With the recent Madam Chairwoman, I reserve the
in part B of House Report 116–392. news of embezzlement and corruption balance of my time.
Mr. ROONEY of Florida. Madam by United Auto Worker Union bosses, Mr. ROONEY of Florida. Madam
Chair, I have an amendment at the we must go further to empower all em- Chairwoman, I would like to reempha-
desk. ployees who are forced to pay dues to size a couple of facts here that are at
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H914 CONGRESSIONAL RECORD — HOUSE February 6, 2020
variance from what the gentleman The Acting CHAIR. The gentleman other election and to go all, again,
from over there said. from Florida has 21⁄2 minutes remain- through the captive audience meetings
Six percent of union members have ing. where they force workers to attend on
voted to be represented by their union Mr. ROONEY of Florida. Madam pain of termination, meetings whose
under current collective bargaining Chairwoman, maybe I ought to do this sole purpose is to scare workers out of
agreements. This amendment would in Spanish or Italian, because we are forming a union, to show movies or
say, if 50 percent or more of the people not communicating effectively. other propaganda that doesn’t have to
in a collective bargaining agreement There is nothing in this amendment be truthful at all to scare workers out
never voted on it, they get the right to that has anything to do with employers of forming a union.
vote on it. determining who is or is not decerti- It is time to stop having employers
We all know people in business who fied. It is when a certain number of em- prevent workers from forming a union.
have dealt with unions—and I have de- ployees have not voted on that collec- That was the purpose of this amend-
certified unions all over Oklahoma and tive bargaining agreement because of ment. That is why I oppose it. I urge
Texas and other States. These con- turnover in the rapidly evolving, mod- all my colleagues to oppose it.
tracts are not as easy to decertify, ernizing workforce—which I appreciate Madam Chair, I yield back the bal-
given the existing impediments as the gentleman recognizing—it makes it ance of my time.
The Acting CHAIR. The question is
might be seen. This law would enable easier for them to do it.
on the amendment offered by the gen-
those workers to have the freedom to Employers don’t have a role in this.
tleman from Florida (Mr. ROONEY).
do it themselves and not be subjugated This is about employees deciding if The amendment was rejected.
to agreements that they never voted on they want to keep their collective bar- AMENDMENT NO. 13 OFFERED BY MR. VARGAS
in the first place. gaining agreement or not.
The Acting CHAIR. It is now in order
When I decertified the unions in We have all seen the difficult institu-
to consider amendment No. 13 printed
Oklahoma and Texas back in the tional impediments to the ability to in part B of House Report 116–392.
eighties, thousands of our building decertify the way it is right now. This Mr. VARGAS. Madam Chair, I have
trades employees flocked to vote yes to will help that and recognize that we an amendment at the desk.
get rid of the unions because they are in an era of high volatility, work- The Acting CHAIR. The Clerk will
weren’t adding value and they wanted ers going to many more jobs than they designate the amendment.
to keep those fees for themselves. used to throughout their career, and The text of the amendment is as fol-
Since that time, we know how the con- making the NLRB get with the pro- lows:
struction industry has developed in gram on adapting to the current work- On page 19, line 15, strike ‘‘and’’.
Oklahoma and Texas. force that we live in. On page 19, after line 15, insert the fol-
So I speak from real, personal experi- I reserve the balance of my time. lowing:
ence, having been a member of the car- Mr. LEVIN of Michigan. Madam ‘‘(B) a regional director shall transmit the
penters union, that it is good to give Chairwoman, I reserve the balance of notice of election at the same time as the di-
rection of election, and shall transmit such
employees the right to decertify their my time. notice and such direction electronically (in-
union and to make it easier for them to Mr. ROONEY of Florida. Madam cluding transmission by email or facsimile)
do that. Chairwoman, one more time, I would or by overnight mail if electronic trans-
I reserve the balance of my time. like to say that the NLRB was a very mission is unavailable; and’’.
Mr. LEVIN of Michigan. Madam important piece of legislation 70 years On page 19, line 16, strike ‘‘(B)’’ and insert
Chairwoman, I reiterate that workers ago. These little tweaks like this to up- ‘‘(C)’’.
have the right to decertify a union if date the NLRB for the modern work- The Acting CHAIR. Pursuant to
they want to under existing law and force, the volatility, the digital era, House Resolution 833, the gentleman
under the PRO Act. It doesn’t change are perfectly legitimate and logical re- from California (Mr. VARGAS) and a
that. What we do is say that employers sponses to the conditions that we find Member opposed each will control 5
may not stop recognizing a union sim- ourselves in now. minutes.
ply because of turnover. We don’t have carpenters who would The Chair recognizes the gentleman
If workers negotiated a contract with spend their entire career at one com- from California.
an employer through their union sev- pany anymore. They come and go at Mr. VARGAS. Madam Chair, I rise to
eral years ago and now there has been different places. It happens in manu- offer an amendment to improve the ef-
some turnover, that doesn’t mean the facturing as well. This bill would rec- ficiency of the union election process.
workers are against the collective bar- ognize that volatility and institu- This amendment will reverse an
gaining agreement that benefits them. tionalize it in a constructive manner. antiworker rule adopted by the Na-
The contract will expire, and then the I yield back the balance of my time. tional Labor Relations Board several
workers will negotiate another one, Mr. LEVIN of Michigan. How much months after the PRO Act was marked
time do I have, Madam Chairwoman? up in the Education and Labor Com-
whichever workers are there at that
The Acting CHAIR. The gentleman mittee.
time. At that time, if a majority of the The PRO Act strengthens workers’
workers want to decertify the union, has 11⁄2 minutes remaining.
rights to a free and fair union represen-
they are fully free to do that. Mr. LEVIN of Michigan. Madam
tation election. It does so by pre-
What the gentleman is trying to de- Chairwoman, I would point out that
venting unnecessary delays. If we allow
fend is the employer’s role in destroy- the gentleman’s amendment says that these delays to occur, then we are al-
ing unions. That is what is really going an employer alleging that a labor orga- lowing employers more time to engage
on here. nization no longer has majority status in antiunion campaigns designed to
Madam Chairwoman, in my 30-some because of turnover may seek a decer- erode support for the union.
years of being involved in the labor tification election. The gentleman’s Democracy in the workplace should
movement, the biggest problem in amendment empowers the employer to be a right, not a fight, and the workers
workers’ freedom to form unions is the decertify the union. who request a union representation
idea that the employers are a party, What we are doing in the PRO Act is election should not be denied their
and you have to try to create a union overturning the Johnson Controls deci- right to vote through unnecessary
or keep a union by going up against sion of the Trump NLRB from July 3 of delay.
your boss, the person who decides your last year that allowed an employer to In 2014, the National Labor Relations
wages, decides your assignment. This is announce it was withdrawing recogni-
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Board, the NLRB, updated its union
just another tactic to allow employers tion of a union because of this turn- election procedures by enacting rea-
to pressure workers out of having col- over, because simply more than half sonable deadlines and preventing em-
lective bargaining. the people weren’t there the last time ployers from stalling elections through
I reserve the balance of my time. they negotiated a contract or when the frivolous litigation. The PRO Act codi-
Mr. ROONEY of Florida. Madam union was formed. fies many of those requirements, in-
Chairwoman, how much time do I This is an attempt to allow employ- cluding the timelines for pre- and post-
have? ers to determine that they want an- election hearings.
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H915
The 2014 election rule protected the b 1900 that while the union membership rate
integrity of the union representation Mr. VARGAS. Madam Chair, I yield fell by more than half, the share of
process and was upheld in every court myself such time as I may consume. American households earning six-fig-
where it was challenged. However, on Unnecessary delays in union rep- ure incomes—that is more than
December 18, 2019, the Trump NLRB re- resentation elections enable employers 100,000—more than tripled.
scinded parts of the 2014 rule, bur- to have more time to campaign against And, yes, contrary to another pop-
dening the employees with unnecessary unions through lawful or unlawful ular Democrat claim, throughout most
delays and giving employers more op- means. of the country, these wage gains are
portunity to stall a timely election Once the NLRB determines that an outpacing the cost of living.
with frivolous litigation. election should go forward, the details No one can argue with this good
One important change in the 2014 of the election must be settled expedi- news, yet, in an attempt to score polit-
election rule was that, once the tiously so employees understand their ical points and bail out their allies in
NLRB’s regional director decides that rights as quickly as possible. Big Labor, Democrats claim that the
a representation election should be Employers engage in all kinds of tac- economy isn’t working for the poor and
held, the director must ordinarily issue tics designed to scare employees out of the middle class.
the notice of election at the same time supporting the union, from holding As lawmakers, we can always do
as that decision. The notice of election captive audience meetings, to issuing more to increase opportunities for peo-
must be posted in the workplace. It is threats to specific employees. ple to achieve the American Dream.
crucial to informing employees of the Unnecessary delays only provide But to suggest the economy isn’t work-
time and details of the voting process. more time for employers to undermine ing for average Americans, and the way
However, the Trump NLRB changed employees’ free choice. The choice of to fix it is to expand forced unionism
this policy to allow delay before the re- through coercive socialist schemes like
whether to join a union belongs to the
gional director issues a notice which H.R. 2474, is flatly untrue.
employee. The PRO Act prevents em-
details the election. This amendment Madam Chair, I reserve the balance
ployers from interfering with employ-
removes the delay by requiring the de- of my time.
ees’ freedom of association.
cision directing an election and the no- Moreover, the provisions of my Mr. VARGAS. Madam Chair, I yield
tice of an election to be issued at the myself the balance of my time.
amendment apply except under ex-
same time, unless extraordinary cir- Unions created the middle class in
traordinary circumstances.
cumstances warrant otherwise. When the NLRB created this rule ini- our country. And all of the things that
In doing so, my amendment provides we enjoy, the safety that we have in
tially in 2014, it found the details of the
clarity to employees so that they may our manufacturing, the 5-day work
election, included in the notice, would
know the details of their election as week, all the opportunities that women
often be resolved either in a pre-elec-
soon as possible. have, and people of color, all those
Madam Chair, I reserve the balance tion hearing or in an agreement be-
tween the union and the employer. came because unions stood up for these
of my time.
Ms. FOXX of North Carolina. Madam If there is still an issue with the de- rights.
Chair, I rise in opposition to the tails of the election after the pre-elec- My amendment strengthens the op-
amendment, despite my affection for tion hearing, and at the time the re- portunity for people to choose to be-
the gentleman offering it. gional director issues the direction of come a union.
The Acting CHAIR. The gentlewoman election, these would count as ‘‘ex- I ask for an ‘‘aye’’ vote, and I yield
from North Carolina is recognized for 5 traordinary circumstances.’’ back the balance of my time.
minutes. Minimizing these delays preserves Ms. FOXX of North Carolina. Madam
Ms. FOXX of North Carolina. Madam employee free choice by ensuring that Chair, I yield myself the balance of my
Chair, I yield myself such time as I their vote is untainted by employer in- time.
may consume. terference. Madam Chair, again, I really respect
Madam Chair, while this amendment Madam Chair, I reserve the balance my colleague from California, and he
appears to make arbitrary changes to of my time. knows that.
union election procedures, make no Ms. FOXX of North Carolina. Madam However, it is not the unions who
mistake: It is part of Democrats’ and Chair, I yield myself such time as I have created the middle class in this
union bosses’ ongoing efforts to rush may consume. country. What has created the middle
the union election process at the ex- Americans continue to enjoy sub- class in this country is freedom, the
pense of American workers by requir- stantial economic mobility, despite capitalistic society, the rule of law, our
ing that National Labor Relation Democrat claims that the decline in Judeo-Christian beliefs. We are the
Board, NLRB, regional directors trans- union membership has led to a perma- most prosperous, most successful coun-
mit the notice of election at the same nent upper class. Millions of poor try in the world, and it is because of
time as the direction of election. Americans continue to move into the those things.
This amendment should actually be middle class and millions in the middle Did unions help at one time? Yes,
called the ambush elections amend- class are moving into the ranks of the they did. But they have outgrown their
ment, as it would worsen the already wealthy, a group heavily criticized by usefulness. We don’t need to force un-
harmful impacts of the Obama NLRB’s the Democrats’ class-warfare politics. ionism on the American people. We
ambush election rule, which shortened In inflation-adjusted 2018 dollars, need to preserve their freedom and do
the timeline for union elections from a from 1967 to 2018, the portion of U.S. everything that we can. That is what
median of 38 days to as few as 11 days. households earning less than $35,000 a grows this country and makes it great.
This amendment would reduce the year fell by 25 percent. Madam Chair, I yield back the bal-
timeline even more, increasing the un- The portion earning between $35,000 ance of my time.
fair advantage for labor unions that and $100,000, the middle class, fell by 22 The Acting CHAIR. The question is
the Obama NLRB created and which percent, from 53.8 percent to 41 percent on the amendment offered by the gen-
the PRO Act makes Federal law. of the country. But it did not fall be- tleman from California (Mr. VARGAS).
The unfairly condensed timeline re- cause the middle class is worse off. The amendment was agreed to.
quired by this amendment—in which The ranks of the poor and middle AMENDMENT NO. 14 OFFERED BY MS. TLAIB
employers are expected to obtain coun- class are shrinking as the ranks of the The Acting CHAIR. It is now in order
sel, understand complex matters of wealthy and upper middle class are to consider amendment No. 14 printed
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labor law, and effectively communicate growing. From 1967 to 2018, the portion in part B of House Report 116–392.
with their employees—infringes on an of U.S. households making more than Ms. TLAIB. Madam Chair, I have an
employer’s right to due process and is $100,000 rose from 9 percent to more amendment at the desk.
antithetical to the NLRB’s promise of than 30 percent of the country. The Acting CHAIR. The Clerk will
a fair and robust election process. In 1967, nearly 25 percent of workers designate the amendment.
Madam Chair, I reserve the balance belonged to a union. In 2018, that num- The text of the amendment is as fol-
of my time. ber was just 10.5 percent. That means lows:
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H916 CONGRESSIONAL RECORD — HOUSE February 6, 2020
On page 19, line 15, strike ‘‘and’’. while the board processes their peti- When an election petition is filed,
On page 19, after line 15, insert the fol- tion. employers have only a few days to pre-
lowing: Notably, the 2014 rule required cor- pare their case, depriving them of their
‘‘(B) not later than 2 days after the service porations to post this notice within
of the notice of hearing, the employer shall—
rights to due process and all parties of
‘‘(i) post the Notice of Petition for Election
two business days, 2 business days after their right to a fair and robust election
in conspicuous places, including all places the board issues notice of a pre-elec- process. This amendment would further
where notices to employees are customarily tion hearing. This requirement was burden employers and tilt the playing
posted; fair, and it was just. field in favor of union bosses.
‘‘(ii) if the employer customarily commu- However, once again, the agents of Madam Chair, I reserve the balance
nicates with employees electronically, dis- corporate greed are trying to cheat us of my time.
tribute such Notice electronically; and out of our rights. Chairman Ring and Ms. TLAIB. Madam Chair, I yield
‘‘(iii) maintain such posting until the peti- the other Republican members of the myself such time as I may consume.
tion is dismissed or withdrawn or the Notice board nearly tripled the amount of Look, unnecessary delays in union
of Petition for Election is replaced by the representation elections provide cor-
time corporations have to post that no-
Notice of Election; and’’.
On page 19, line 16, strike ‘‘(B)’’ and insert tice to 5 days after being notified about porations with more time to wage anti-
‘‘(C)’’. the pre-election hearing. This delay en- union campaigns using illegal and legal
ables the corporations to take advan- tactics. That is why folks are going to
The Acting CHAIR. Pursuant to
tage of a crucial time period where be against this.
House Resolution 833, the gentlewoman When workers file a petition for
from Michigan (Ms. TLAIB) and a Mem- workers may not know their rights or
the details of the board process gov- union representation elections, cor-
ber opposed each will control 5 min- porations must properly notify them of
utes. erning their petition for a fair election.
We should be doing all we can do, their rights under the law. It is pretty
The Chair recognizes the gentle-
Madam Chair, to ensure workers’ col- clear. It is pretty transparent, and al-
woman from Michigan.
lective bargaining rights are protected. lows, again, information to get to
Ms. TLAIB. Madam Chair, I rise to
Enough of the antiworker mentality workers, our neighbors that are there
offer an amendment that protects
driven by those who want to avoid pay- that want to organize for better wages,
union elections by ensuring timely no-
ing fair wages and offering strong for protection at the workplace.
tices of union representation elections. I urge my colleagues to please vote
workplace protections for our neigh-
This amendment overturns a recent ‘‘yes’’ on this amendment.
bors.
National Labor Relations Board regu- This amendment restores fairness Madam Chair, I yield the balance of
lation that undermines workers’ rights and democracy into our process, my time to the gentlewoman from
to organize in their workplace. Madam Chair, and it brings back the Florida (Ms. FRANKEL).
I would like to begin by thanking Ms. FRANKEL. Madam Chair, be-
2014 election rule by requiring the cor-
Chairman SCOTT and his exceptional porations to post the notice of petition cause of the force of labor unions,
staff for working with me on this for election within 2 days after the American workers have higher wages
amendment, and for their tireless ef- board notifies the corporations and the and workplaces that are fairer and
forts to strengthen unions and protect union about the pre-election hearing. safer. And we can thank labor unions
our country’s workers. It is pretty simple. In doing so, this for things like employee health cov-
The PRO Act strengthens workers’ amendment will foster more trans- erage, the end of child labor, and a 40-
rights to a free and fair union represen- parency, and will prevent unnecessary hour work week.
tation election. It does so by fostering delays that undermine the right to or- To counter the power of collective
transparency in the workplace about ganize in our country. bargaining, some in corporate America
the right to organize and removing bar- Madam Chair, I reserve the balance have struck back by harassing union
riers that were solely created to under- of my time. organizers, denying information to em-
cut labor organizing at the workplace. Ms. FOXX of North Carolina. Madam ployees, and using independent con-
In 2014, Madam Chair, the Board up- Chair, I rise in opposition to the tractors.
dated its union election procedures by amendment. That is why I am voting for the Pro-
streamlining the union representation The Acting CHAIR. The gentlewoman tecting the Right to Organize Act of
process. The PRO Act codifies many of is recognized for 5 minutes. 2019, to defend and secure our labor
the 2004 requirements, including the Ms. FOXX of North Carolina. Madam unions, the champions of the American
timelines for pre- and post-election Chair, this amendment imposes yet an- workers. I urge support of this amend-
hearings. other unnecessary and harmful require- ment and the bill.
The 2014 Election Rule protected the ment on employers as they prepare for Ms. TLAIB. Madam Chair, I yield
integrity of the union representation a union election; and this new mandate back the balance of my time.
process, which is critical, and it was will be imposed on business owners who Ms. FOXX of North Carolina. Madam
upheld in every court where it was will have already lost numerous em- Chair, I yield myself such time as I
challenged. ployer rights because of other provi- may consume.
You see, corporate greed is what is sions in the PRO Act. Democrats insist that the PRO Act
driving this administration’s attack on During the Obama administration, expands workers’ rights. But, in re-
workers. In December of 2019, the the National Labor Relations Board ality, this bill coerces workers and un-
Board rescinded many parts of that drastically changed its union election dermines their rights in order to in-
2014 rule, burdening our workers with procedures, adding dozens of new re- crease the wealth and power of union
unnecessary delays and giving corpora- quirements and restrictions on employ- bosses. Unions have a long and sordid
tions more opportunity to stall work- ers in an effort to short-circuit the history of harassing and intimidating
place rights and organizing with frivo- union election process and increase workers into supporting them, and this
lous litigation. union membership. bill makes it worse.
The Republican Chairman of the On top of this, the PRO Act makes For example, in 2013, Ms. Marlene
Board, John Ring, pushed these over 50 changes to existing labor law, Felter, a medical records coder in Cali-
changes without providing any notice adding a litany of burdensome con- fornia, testified that union organizers
to the public, ambushing workers with straints that will harm employers, par- ‘‘were calling them on their cell
new procedures, solely designed to un- ticularly small employers who do not phones, coming to their homes, stalk-
dermine the rights for our folks, for have infinite time and resources to re- ing them, harassing them . . . to con-
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our neighbors and workers to organize. spond to a union organizing drive. vince them to sign union cards.’’
One important change in that 2014 Unions often begin organizing cam- In 2017, one Minnesota personal care
Election Rule required corporations to paigns weeks, or even months before attendant, who chose not to provide
post a notice when workers file a peti- employers are made aware; creating a her full name, described her experience
tion for an election. This notice is crit- scenario in which workers are only with an SEIU union organizer for a
ical to informing workers about the de- hearing one side of the issue prior to a Forbes.com piece: ‘‘The woman identi-
tails of the petition, and their rights, union election. fied herself as a SEIU representative,
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H917
and asked if they could talk for a few Mrs. LAWRENCE. Madam Chair, I which is intended to tilt the playing
minutes. Holly said she didn’t have thank Chairman SCOTT and the com- field even further against workers and
time right now, but the woman per- mittee for working so hard to bring in favor of union bosses, more so than
sisted, placing herself between Holly this historic legislation to the floor. the underlying bill already does.
and the front of the door and repeat- As Members may know, my district, By requiring union elections to be
edly asking her how she intended to which includes the city of Detroit, was held as early as practicable, union
vote in the upcoming union election. built on the backs of unions and stand- bosses will have an unfair advantage
‘‘Holly became frightened; arms full ing up for worker rights. Thanks to our because it deprives workers of adequate
of groceries, she could hear her patient unions, our communities receive re- opportunity to hear from their em-
becoming agitated and distressed in- spectful benefits, fair pay, and great ployer about potential risks of union-
side, and here was this strange woman representation. However—this comes ization.
blocking her way and demanding to as no surprise—this administration has The PRO Act codifies the Obama
know how she would ‘vote.’ Holly fi- weakened workers’ rights and labor au- NLRB’s ambush election rule, which
nally extricated herself and entered her thority. shortened the time before a union elec-
home, slamming the door behind her. The PRO Act and my amendment tion takes place from a median of 38
But that wasn’t the end of things. Over look to shed some light on these recent days to as few as 11 days. This amend-
the next weeks and months, she re- attacks by strengthening workers’ ment would further reduce that time,
ceived multiple calls and visits from rights to a free and fair union represen- increasing union bosses’ advantage.
the union.’’ tation election. My amendment accom- Madam Chair, I reserve the balance
plishes this by preventing unnecessary of my time.
b 1915
delays between the filing of a petition Mrs. LAWRENCE. Madam Chair, un-
The author of the piece asked Holly and the holding of an election. When necessary delays only serve one pur-
how she would characterize the nature such delays ensue, this gives employers pose, and that is to enable antiunion
of these calls and visits. ‘‘Stalking, ab- the opportunity to launch antiunion employers to have more time to expose
solutely,’’ said Holly. ‘‘They wouldn’t campaigns designed to erode union sup- employees to their campaign against
leave me alone.’’ port. the union.
Richard Trumka, president of the Madam Chair, we need to protect I have so much respect for my col-
AFL–CIO, testified before our com- workers’ rights to a timely election, league on the other side, but to say
mittee in May 2019 that unions need not dismiss it. My amendment does that we should not protect our workers
workers’ personal information because just that, as it looks to eliminate an because of a union boss? They are not
‘‘it is essential in order to be able to unnecessary delay relating to union bosses. They are elected by the mem-
communicate with them. . . . You may elections recently imposed by the bership.
have to meet with them at a grocery NLRB. This amendment addresses the We should be promoting employee
store, anyplace else where you can get mandatory 20-day wait period between free choice by ensuring that their vote
them. The most efficient place and the the filing of the petition and holding is untainted by an employer delay or
best place for them to be able to talk is the election. There has been no jus- interference. Once the NLRB deter-
in their home setting, at their home, so tification for establishing this wait pe- mines that an election should go for-
that you can have a real conversation riod. ward, it should happen as soon as pos-
with them.’’ In 2014, under the Obama administra- sible.
The PRO Act’s own supporters admit tion, the NLRB updated its union elec- I urge a ‘‘yes’’ vote on my amend-
unions will harass workers at their own tion processes by enacting reasonable ment and this bill, and I reserve the
homes, at work, and at the grocery deadlines and preventing employers balance of my time.
store, yet Democrats claim this bill ex- from stalling elections through frivo- Ms. FOXX of North Carolina. Madam
pands and protects workers’ rights. lous litigation. The PRO Act codifies Chair, I yield myself such time as I
I urge my colleagues to vote ‘‘no’’ on many of these requirements, including may consume.
this amendment and ‘‘no’’ on the un- the timelines for pre- and post-election My colleague and I agree that work-
derlying bill. hearings. ers should be protected. There is abso-
Madam Chair, I yield back the bal- One of the most notable changes in lutely no disagreement between Demo-
ance of my time. the 2014 election rule was that once the crats and Republicans on that, but we
The Acting CHAIR. The question is NLRB regional director concludes that believe that the existing law is suffi-
on the amendment offered by the gen- an election should happen, the regional cient both for protecting the right to
tlewoman from Michigan (Ms. TLAIB). director must schedule the election for organize as well as protecting workers.
The amendment was agreed to. Democrats bemoan attacks on the
the earliest date practicable. The
AMENDMENT NO. 15 OFFERED BY MRS. LAWRENCE right to organize, but the right to orga-
NLRB changed this by requiring re-
The Acting CHAIR. It is now in order gional directors to impose a random 20- nize has not changed in more than 70
to consider amendment No. 15 printed day waiting period. years. Unions have simply abandoned
in part B of House Report 116–392. My amendment eliminates this arbi- their stated purpose of organizing
Mrs. LAWRENCE. Madam Chair, I trary waiting period and returns to the workers and are trying to take a short-
have an amendment at the desk. requirement that an election shall be cut through the Congress.
The Acting CHAIR. The Clerk will scheduled as soon as practicable, unless NLRB data shows that the number of
designate the amendment. extraordinary circumstances apply. representation petitions filed by unions
The text of the amendment is as fol- Workers who request a union rep- with the NLRB fell from 5,000 in 1997 to
lows: resentation election should not be im- fewer than 1,600 in fiscal year 2018, the
On page 19, line 15, strike ‘‘and’’. peded in their right to vote with frivo- fewest in over 75 years. Let me repeat
On page 19, after line 15, insert the fol- that. The number of representation pe-
lous delays. Democracy in the work-
lowing:
‘‘(B) regional directors shall schedule elec- place should be a right, not a fight. titions filed by unions with the NLRB
tions for the earliest date practicable, but Madam Chair, I reserve the balance fell from 5,000 in 1997 to fewer than
not later than the 20th business day after the of my time. 1,600 in fiscal year 2018, the fewest in
direction of election; and’’. Ms. FOXX of North Carolina. Madam over 75 years.
On page 19, line 16, strike ‘‘(B)’’ and insert Chair, I rise in opposition to the In fiscal year 2018, there were more
‘‘(C)’’. amendment than 110 million private-sector employ-
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The Acting CHAIR. Pursuant to The Acting CHAIR. The gentlewoman ees available for organizing under the
House Resolution 833, the gentlewoman from North Carolina is recognized for 5 National Labor Relations Act, but the
from Michigan (Mrs. LAWRENCE) and a minutes. number of employees who actually pe-
Member opposed each will control 5 Ms. FOXX of North Carolina. Madam titioned for union representation was
minutes. Chair, again, I have respect for the gen- just 73,000. That means that unions
The Chair recognizes the gentle- tlewoman on this, but I have to re- sought to represent less than one one-
woman from Michigan. spectfully oppose this amendment, tenth of 1 percent of potential new
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H918 CONGRESSIONAL RECORD — HOUSE February 6, 2020
members in this country in fiscal year The Chair recognizes the gentleman ered by the NLRA but, rather, whether
2018, yet Democrats blame falling from California. they are employees covered by the act.
unionization on conservatives. Mr. ROUDA. Madam Chair, I yield This amendment does nothing to
This lack of attention to organizing myself such time as I may consume. change the fact that millions of inde-
is reflected in unions’ financial prior- As a businessman, I know firsthand pendent contractors will be classified
ities, as well, and not just by UAW the power of small businesses as a driv- as employees against their will and, as
leaders spending workers’ dues on cigar er of economic growth, not just for the a result, will have their livelihoods put
parties and golf. The AFL–CIO’s 2018– owners but for the 60 million small at risk by socialist Democrats in Wash-
2019 budget dedicated less than one- business employees in the United ington.
tenth of the budget to organizing ef- States. Madam Chair, I reserve the balance
forts. The largest portion of the budg- While the underlying bill makes the of my time.
et, more than 35 percent, was dedicated playing field fairer for American work- b 1930
to political activities. ers, my amendment clarifies that the
In addition to spending massive sums National Labor Relations Board juris- Mr. ROUDA. Madam Chair, I yield 1
on political activities, unions also gen- dictional standards for small busi- minute to the gentlewoman from Cali-
erously spent workers’ dues, money in- nesses remain consistent, ensuring fornia (Ms. PELOSI), the Speaker of the
tended for collective bargaining rep- small businesses have the stability House.
resentation, to advance political they need to develop long-term busi- Ms. PELOSI. Madam Chair, I thank
causes. From 2010 through 2018, unions ness plans. the gentleman for yielding, and I thank
sent more than $1.6 billion in union The NLRB uses businesses’ gross an- him for his leadership in bringing this
dues to hundreds of leftwing advocacy nual volume to determine whether a important amendment to the floor, and
organizations, including Planned Par- company is subject to its standards, I rise in support of it. It clarifies that
enthood, the Progressive Democrats of with different thresholds for different nothing in this act shall be construed
America, and the Center for American types of businesses. My amendment en- to affect the jurisdictional standards of
Progress. sures existing thresholds do not the National Labor Relations Board
Much of this spending came amidst a change. with respect to small businesses. I
Presidential cycle in which more than Madam Chair, we cannot keep shift- thank the gentleman, Mr. ROUDA, for
40 percent of union households voted ing the goalposts for millions of Ameri- his leadership in that regard. I urge
for the Republican Donald J. Trump for cans. Small businesses need stability passage of the amendment.
President, yet Democrats blame con- to strategize and consistency to create Madam Chair, I proudly rise on this
servatives for plummeting union mem- jobs. historic day as the Democratic House
bership. That is not the problem. I urge my colleagues on both sides of takes bold action to restore funda-
The Acting CHAIR. The time of the the aisle to support small businesses mental fairness to America’s workers
gentlewoman has expired. across America and adopt this amend- by passing the Protecting the Right to
Mrs. LAWRENCE. Madam Chair, I ment. Organize Act, the PRO Act.
want to be clear that we should be pro- Madam Chair, I reserve the balance Madam Chair, I salute our distin-
moting employee free choice. This is of my time. guished chairman, BOBBY SCOTT, for his
not about the election process. Ms. FOXX of North Carolina. Madam lifetime of leadership to tilt back the
When we are standing here on the Chair, I rise in opposition to the playing field to the side of the Amer-
floor, we are talking about the Amer- amendment. ican worker. I thank the members of
ican people and their rights. I stand The Acting CHAIR. The gentlewoman the Education and Labor Committee
here representing the city of Detroit, from North Carolina is recognized for 5 and all who have worked to make this
the city that put the country on wheels minutes. legislation go over the finish line.
by strong union workers. Ms. FOXX of North Carolina. Madam Some people always say to us: Your
I urge a ‘‘yes’’ vote on this amend- Chair, I yield myself such time as I Caucus is so very diverse. What unifies
ment and a ‘‘yes’’ vote on this bill, and may consume. them?
I yield back the balance of my time. This amendment changes nothing I say it is diverse in every way. Sixty
The Acting CHAIR. The question is about the underlying bill and the pain percent of our Caucus are women, peo-
on the amendment offered by the gen- it will inflict on American workers and ple of color, LGBTQ. We have genera-
tlewoman from Michigan (Mrs. LAW- businesses. It is simply another weak tional differences, geographical, gen-
RENCE). attempt to pay lip service to address der, gender identity, ethnicity, opin-
The amendment was agreed to. one of the many glaring flaws in the ion—the beautiful diversity of opinion.
AMENDMENT NO. 16 OFFERED BY MR. ROUDA PRO Act. But what does unify us is our com-
The Acting CHAIR. It is now in order The National Labor Relations Act, mitment to America’s working fami-
to consider amendment No. 16 printed NLRA, already applies to nearly every lies, and that is what brings us to the
in part B of House Report 116–392. business in the country, and the PRO floor today. It is a commitment to sa-
Mr. ROUDA. Madam Chair, I have an Act’s harmful provisions will also. This lute working families, to raise pay-
amendment at the desk. amendment does nothing to protect checks, and to do so by enabling work-
The Acting CHAIR. The Clerk will small business entrepreneurs and inde- ers to bargain collectively.
designate the amendment. pendent contractors. I always say that the middle class is
The text of the amendment is as fol- If adopted, small businesses will still the backbone of America’s democracy.
lows: be saddled with new costs and man- The middle class has a union label on
Redesignate section 5 as section 6. dates. They will still be forced to turn it.
After section 4, insert the following: their employees’ private information So many things that have come into
SEC. 5. RULE OF CONSTRUCTION. over to union organizers. They will the workforce, whether it is the 40-
The amendments made by this Act shall still be subject to completely unre- hour workweek, safer working condi-
not be construed to affect the jurisdictional
stricted union harassment even if they tions, fair pay for family leave, collec-
standards of the National Labor Relations
Board, including any standards that measure aren’t the subject of a union organizing tive bargaining for secure retirement—
the size of a business with respect to reve- campaign. They will still have their the list goes on and on—the labor
nues, that are used to determine whether an rights throughout that process com- unions have been responsible for that.
pletely obliterated. Yesterday, several Members and I
SSpencer on DSKBBXCHB2PROD with HOUSE
industry is affecting commerce for purposes
of determining coverage under the National Independent contractors will still be were honored to meet with Jennifer
Labor Relations Act (29 U.S.C. 151 et seq.). at risk of being classified as employees Womack, a worker who had been pre-
The Acting CHAIR. Pursuant to under the bill’s onerous ABC test. The vented from joining a union, and I
House Resolution 833, the gentleman NLRA’s existing jurisdictional stand- want to share her story with my col-
from California (Mr. ROUDA) and a ards do not change that reality. The leagues.
Member opposed each will control 5 ABC test is not about whether inde- She told us about the unfair working
minutes. pendent contractors are businesses cov- conditions that she has faced: how she
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H919
was illegally denied pay after missing I always say, whether it is an elec- layoffs or even bankruptcies—ultimately,
work to undergo serious surgery, even tion or a debate or a negotiation: Who harming workers.
after spending her entire recovery pe- has the leverage? Second, H.R. 2474 would violate workers’
privacy. It would require companies to give
riod on the phone with the benefits de- Well, right now there is too much le-
union organizers their employees’ home ad-
partment to help her pay her bills; how verage used against America’s workers, dresses, personal phone numbers, and per-
one of her managers engaged in offen- and that is harmful to America’s work- sonal e-mail addresses, and it also would
sive and bigoted behavior but was ing families. allow unions to bypass secret-ballot elec-
never disciplined, in fact, was given a We want to again tilt that playing tions. Secret ballots protect workers from
company award. field back into the direction of workers both employer and union coercion, and the
When Jennifer and her coworkers so their leverage is increased, so their Administration believes voting privacy
tried to form a union to improve work- opportunities are improved, and then should be protected.
ing conditions, she was subjected to Third, H.R. 2474 would also restrict work-
we can move closer to ending the in-
humiliating retaliation and forced to ers’ freedom of association. It abolishes
equality, the disparity in income in our State right-to-work laws, and would thereby
attend antiunion trainings designed to country. make union dues compulsory nationwide.
scare her off. Madam Chair, I urge our colleagues Additionally, the bill would legalize ‘‘sec-
She told us: ‘‘I believe that the deci- to vote ‘‘aye’’ on this important PRO ondary boycotts,’’ which Congress previously
sion of whether to join a union should Act. banned because they pressure workers to
be up to me and other workers without Madam Chair, I commend the chair- join a particular union. And it would rush
having to face threats and retaliation. man, the distinguished chairman, for union elections, depriving employees of time
And Democrats agree. his leadership again, Mr. SCOTT, and to make a considered choice. The Adminis-
Sadly, her story is shared every day tration is willing to discuss legislation clari-
members of his committee. fying that unions do not need to represent
by millions of Americans who face a And I again thank Mr. ROUDA for his
grim reality of reprisal, of retaliation, workers who do not pay dues. But it believes
amendment that clarifies that nothing that workers’ decisions to join and support a
of denial of their rights to join or try- in this act shall be construed to affect union should be the product of choice, not
ing to join a union. the jurisdictional standards of the compulsion.
Democrats offered our Better Deal NLRB with respect to small businesses. Finally, by imposing unnecessary and cost-
for Workers, pledging to tilt the play- I thank the gentleman, Mr. ROUDA, for ly burdens on American businesses, this bill
ing field, with Mr. Chairman so much his leadership. would take the country in precisely the op-
in the lead, to tilt the playing field Madam Chair, I urge an ‘‘aye’’ vote
posite direction from the President’s suc-
back to the side of workers. cessful deregulatory agenda, which has pro-
on both the underlying bill and this duced rising blue-collar wages and record low
Since day one, our majority has
amendment. unemployment. For example, by expansively
worked to build an economy that
Mr. ROUDA. Madam Chair, once defining joint employer liability, the bill
works for workers’ interests, not the
again, I reiterate the previous com- would discourage investment and job cre-
special interests: passing the $15 min- ation and reduce opportunities for workers.
ments that this bill and the supporting
imum wage, securing paycheck fairness If H.R. 2474 were presented to the President
amendments deserve the bipartisan
for women. in its current form, his advisors would rec-
Madam Chair, I thank the unions for support that we have already seen. I
ommend that he veto it.
their leadership in our country for encourage Members across the aisle to
reconsider those ideas and support the Ms. FOXX of North Carolina. Madam
equal pay for equal work. No institu- Chair, I would like to quote from a part
tion has done more in that regard. We passage of this bill.
Madam Chair, if the gentlewoman is of the Statement of Administration
are trying to make that the case for all Policy.
workers that you would have equal pay ready to close, I am as well, and I yield
back the balance of my time. ‘‘The administration opposes H.R.
for equal work. 2474, the Protecting the Right to Orga-
We are also protecting the pensions Ms. FOXX of North Carolina. Madam
Chair, I enter into the RECORD the nize Act. The administration supports
of millions and lowering healthcare the rights of workers to freely join a
costs and increasing paychecks, to Statement of Administration Policy on
H.R. 2474. union. In fact, under President Trump,
name a few. on average, over 250,000 more Ameri-
Today, we are building on that STATEMENT OF ADMINISTRATION POLICY
cans are members of a private-sector
progress by passing the cornerstone of H.R. 2474—PROTECTING THE RIGHT TO ORGANIZE
ACT—REP. SCOTT, D–VA, AND 218 COSPONSORS
union than under President Obama.
our pro-worker agenda, the PRO Act.
With this legislation, Democrats are The Administration opposes H.R. 2474, the
This growth has been driven, in part,
holding companies that violate work- Protecting the Right to Organize Act. The by the tremendous strength of the
ers’ rights accountable. We are Administration supports the rights of work- Trump economy. The administration is
strengthening workers’ sacred collec- ers to freely join a union. In fact, under willing to work with Congress to
tive bargaining rights, and we are pro- President Trump, on average over 250,000 strengthen protections for union mem-
more Americans are members of a private- bers. Unfortunately, H.R. 2474 contains
tecting workers’ access to fair union sector union than under President Obama.
elections. provisions that would kill jobs, violate
This growth has been driven, in part, by the workers’ privacy, restrict freedom of
The PRO Act secures justice for tremendous strength of the Trump economy.
workers and advances progress for all. The Administration is willing to work with
association, and roll back the adminis-
As Richard Trumka, the President of Congress to strengthen protections for union tration’s successful deregulatory agen-
the AFL–CIO, which represents 12.5 members. Unfortunately, H.R. 2474 contains da.’’
million Americans and 55 unions, testi- provisions that would kill jobs, violate work- ‘‘Finally, by imposing unnecessary
fied last year: ‘‘A happier, healthier, ers’ privacy, restrict freedom of association, and costly burdens on American busi-
more upwardly mobile workforce is and roll back the Administration’s success- nesses, this bill would take the country
ful deregulatory agenda. in precisely the opposite direction from
good for our economy as consumers H.R. 2474 would hurt workers in several
have additional money to spend. Local the President’s successful deregulatory
ways. First, the bill would kill jobs and de-
tax revenues increase, and education stroy the gig economy. It appears to cut and
agenda, which has produced rising
funding is bolstered. Inequality paste the core provisions of California’s con- blue-collar wages and record low unem-
shrinks. It is a virtuous cycle. troversial AB 5, which severely restricts self- ployment.’’
‘‘The union movement and all work- employment. AB 5 is actively threatening Madam Chair, I oppose this amend-
ing people are hungry for pro-worker the existence of both the franchise business ment, I oppose the underlying bill. We
sector and the gig economy in California. It need to keep this economy doing very
SSpencer on DSKBBXCHB2PROD with HOUSE
reforms to our existing labor laws. . . .
would be a serious mistake for Congress to well, and we need not to support this
It is time for our laws to catch up. It is
impose this flawed job-killing policy on the piece of legislation which is unfair to
time to make the PRO Act the law of entire country. Additionally, H.R. 2474’s job-
the land.’’ killing effects could be even greater, as it
American workers, unfair to busi-
I quite agree. would empower third-party arbitrators to nesses, unfair to the American tax-
Democrats call on Republicans to impose collective bargaining agreements. In- payers.
join us to pass the PRO Act and to re- voluntary contracts that do not work for Madam Chair, I urge a ‘‘no’’ vote on
balance the scales toward workers. employees or their employers could force the amendment and a ‘‘no’’ vote on the
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H920 CONGRESSIONAL RECORD — HOUSE February 6, 2020
underlying bill, and I yield back the DeFazio Langevin Rouda Lamborn Palmer Steube
DeGette Larsen (WA) Roy Latta Pence Stewart
balance of my time. DeLauro Larson (CT) Roybal-Allard Lesko Perry Taylor
The Acting CHAIR. The question is DelBene Lawrence Ruiz Long Ratcliffe Thompson (PA)
on the amendment offered by the gen- Delgado Lawson (FL) Ruppersberger Loudermilk Reed Thornberry
Demings Lee (CA) Rush Lucas Reschenthaler Timmons
tleman from California (Mr. ROUDA). Luetkemeyer Rice (SC)
DeSaulnier Lee (NV) Ryan Tipton
The question was taken; and the Act- Deutch Levin (CA) Sablan Marchant Riggleman Turner
ing Chair announced that the ayes ap- Dingell Levin (MI) Sánchez Marshall Rodgers (WA) Van Drew
peared to have it. Doggett Lieu, Ted Sarbanes Massie Roe, David P. Wagner
Doyle, Michael Lipinski Mast Rogers (AL)
Mr. ROUDA. Madam Chair, I demand Scanlon Walberg
F. Loebsack McCarthy Rogers (KY)
Schakowsky Walden
a recorded vote. Emmer Lofgren McClintock Rooney (FL)
Schiff Walker
The Acting CHAIR. Pursuant to Engel Lowenthal McHenry Rose, John W.
Schneider Walorski
Escobar Lowey McKinley Rouzer
clause 6 of rule XVIII, further pro- Eshoo Luján
Schrader Meadows Rutherford Waltz
ceedings on the amendment offered by Espaillat Luria Schrier Meuser Scalise Watkins
the gentleman from California will be Evans Lynch Scott (VA) Miller Schweikert Weber (TX)
Finkenauer Malinowski Scott, David Mitchell Scott, Austin Wenstrup
postponed. Serrano Westerman
Fitzpatrick Maloney, Moolenaar Sensenbrenner
ANNOUNCEMENT BY THE ACTING CHAIR Fletcher Carolyn B. Shalala Mooney (WV) Shimkus Williams
Fortenberry Maloney, Sean Sherman Mullin Simpson Wilson (SC)
The Acting CHAIR. Pursuant to Wittman
Foster Patrick Sherrill Murphy (NC) Smith (MO)
clause 6 of rule XVIII, proceedings will Frankel Matsui Sires Newhouse Smith (NE) Womack
now resume on those amendments Fudge McAdams Slotkin Norman Smucker Woodall
printed in part B of House Report 116– Gallego McBath Smith (NJ) Nunes Spano Wright
Garamendi McCollum Smith (WA) Olson Stefanik Yoho
392 on which further proceedings were Palazzo Steil Zeldin
Garcı́a (IL) McEachin Soto
postponed, in the following order: Garcia (TX) McGovern Spanberger
Amendment No. 1 by Ms. STEVENS of Golden McNerney Speier
NOT VOTING—16
Michigan. Gomez Meeks Stanton Arrington Kirkpatrick Roby
Gonzalez (TX) Meng Stauber Byrne Lewis San Nicolas
Amendment No. 2 by Ms. FOXX of Gottheimer Moore Cleaver McCaul
Stevens Sewell (AL)
North Carolina. Green, Al (TX) Moulton Stivers Gabbard Morelle Webster (FL)
Amendment No. 4 by Mr. DAVID P. Grijalva Mucarsel-Powell Suozzi Gaetz Murphy (FL)
ROE of Tennessee. Haaland Nadler Swalwell (CA) Holding Radewagen
Harder (CA) Napolitano Takano
Amendment No. 5 by Ms. WILD of Hastings Neal b 2006
Thompson (CA)
Pennsylvania. Hayes Neguse Thompson (MS)
Amendment No. 6 by Mr. ALLEN of Heck Norcross Mr. LAMALFA changed his vote from
Titus
Georgia.
Higgins (NY) Norton Tlaib ‘‘aye’’ to ‘‘no.’’
Himes O’Halleran Messrs. CARBAJAL, BUTTERFIELD,
Tonko
Amendment No. 10 by Mr. MEADOWS Horn, Kendra S. Ocasio-Cortez
of North Carolina. Horsford Omar
Torres (CA) POSEY, and ROY changed their vote
Torres Small
Amendment No. 11 by Ms. JACKSON Houlahan Pallone
(NM)
from ‘‘no’’ to ‘‘aye.’’
Hoyer Panetta So the amendment was agreed to.
LEE of Texas. Trahan
Huffman Pappas
Amendment No. 16 by Mr. ROUDA of Jackson Lee Pascrell
Trone The result of the vote was announced
Jayapal Payne Underwood as above recorded.
California. Upton
Jeffries Perlmutter AMENDMENT NO. 2 OFFERED BY MS. FOXX OF
The Chair will reduce to 2 minutes Johnson (GA) Peters Vargas
Veasey NORTH CAROLINA
the minimum time for any electronic Johnson (TX) Peterson
vote after the first vote in this series. Kaptur Phillips Vela The Acting CHAIR. The unfinished
Katko Pingree Velázquez business is the demand for a recorded
AMENDMENT NO. 1 OFFERED BY MS. STEVENS Keating Plaskett Visclosky
Wasserman vote on the amendment offered by the
The Acting CHAIR. The unfinished Kelly (IL) Pocan
gentlewoman from North Carolina (Ms.
Kennedy Porter Schultz
business is the demand for a recorded Waters FOXX) on which further proceedings
Khanna Posey
vote on the amendment offered by the Kildee Pressley Watson Coleman were postponed and on which the noes
gentlewoman from Michigan (Ms. STE- Kilmer Price (NC) Welch
prevailed by voice vote.
VENS) on which further proceedings Kim Quigley Wexton
Kind Raskin Wild The Clerk will redesignate the
were postponed and on which the ayes Krishnamoorthi Rice (NY) Wilson (FL) amendment.
prevailed by voice vote. Kuster (NH) Richmond Yarmuth The Clerk redesignated the amend-
The Clerk will redesignate the Lamb Rose (NY) Young
ment.
amendment.
NOES—178 RECORDED VOTE
The Clerk redesignated the amend-
ment. Abraham Collins (GA) Green (TN) The Acting CHAIR. A recorded vote
Aderholt Comer Griffith has been demanded.
RECORDED VOTE Allen Conaway Grothman A recorded vote was ordered.
The Acting CHAIR. A recorded vote Amodei Cook Guest
Armstrong Crawford Guthrie The Acting CHAIR. This will be a 2-
has been demanded. Babin Crenshaw Hagedorn minute vote.
A recorded vote was ordered. Baird Curtis Harris The vote was taken by electronic de-
The vote was taken by electronic de- Balderson Davidson (OH) Hartzler
vice, and there were—ayes 190, noes 229,
vice, and there were—ayes 241, noes 178, Banks Davis, Rodney Hern, Kevin
Barr DesJarlais Herrera Beutler not voting 16, as follows:
not voting 16, as follows: Biggs Diaz-Balart Hice (GA) [Roll No. 42]
[Roll No. 41] Bilirakis Duncan Higgins (LA)
Bishop (NC) Dunn Hill (AR) AYES—190
AYES—241 Bishop (UT) Estes Hollingsworth Abraham Bost Collins (GA)
Adams Brindisi Clay Bost Ferguson Hudson Aderholt Brady Comer
Aguilar Brown (MD) Clyburn Brady Fleischmann Huizenga Allen Brooks (AL) Conaway
Allred Brownley (CA) Cohen Brooks (AL) Flores Hurd (TX) Amash Brooks (IN) Cook
Amash Bustos Connolly Brooks (IN) Foxx (NC) Johnson (LA) Amodei Buchanan Crawford
Axne Butterfield Cooper Buchanan Fulcher Johnson (OH) Armstrong Buck Crenshaw
Bacon Carbajal Correa Buck Gallagher Johnson (SD) Arrington Bucshon Cuellar
Barragán Cárdenas Costa Bucshon Gianforte Jordan Babin Budd Cunningham
Bass Carson (IN) Courtney Budd Gibbs Joyce (OH) Bacon Burchett Curtis
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Beatty Cartwright Cox (CA) Burchett Gohmert Joyce (PA) Baird Burgess Davidson (OH)
Bera Case Craig Burgess Gonzalez (OH) Keller Balderson Calvert Davis, Rodney
Bergman Casten (IL) Crist Calvert González-Colón Kelly (MS) Banks Carter (GA) DesJarlais
Beyer Castor (FL) Crow Carter (GA) (PR) Kelly (PA) Barr Carter (TX) Diaz-Balart
Bishop (GA) Castro (TX) Cuellar Carter (TX) Gooden King (IA) Bergman Chabot Duncan
Blumenauer Chu, Judy Cunningham Chabot Gosar King (NY) Biggs Cheney Dunn
Blunt Rochester Cicilline Davids (KS) Cheney Granger Kinzinger Bilirakis Cline Emmer
Bonamici Cisneros Davis (CA) Cline Graves (GA) Kustoff (TN) Bishop (NC) Cloud Estes
Boyle, Brendan Clark (MA) Davis, Danny K. Cloud Graves (LA) LaHood Bishop (UT) Cole Ferguson
F. Clarke (NY) Dean Cole Graves (MO) LaMalfa
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H921
Fleischmann Kustoff (TN) Roy O’Halleran Rush Thompson (CA) Gooden Loudermilk Rutherford
Flores LaHood Rutherford Ocasio-Cortez Ryan Thompson (MS) Gosar Lucas Scalise
Fortenberry LaMalfa Scalise Omar Sablan Titus Granger Luetkemeyer Schweikert
Foxx (NC) Lamborn Schrader Pallone Sánchez Tlaib Graves (GA) Marchant Scott, Austin
Fulcher Latta Schweikert Panetta Sarbanes Tonko Graves (LA) Marshall Sensenbrenner
Gallagher Lesko Scott, Austin Pappas Scanlon Torres (CA) Graves (MO) Massie Shimkus
Gianforte Long Sensenbrenner Pascrell Schakowsky Torres Small Green (TN) Mast Simpson
Gibbs Loudermilk Shimkus Payne Schiff (NM) Griffith McCarthy Smith (MO)
Gohmert Lucas Simpson Perlmutter Schneider Trahan Grothman McCaul Smith (NE)
Gonzalez (OH) Luetkemeyer Smith (MO) Peters Schrier Trone Guest McClintock Smucker
González-Colón Marchant Smith (NE) Peterson Scott (VA) Underwood Guthrie McHenry Spano
(PR) Marshall Smucker Phillips Scott, David Van Drew Hagedorn McKinley Stefanik
Gooden Massie Spanberger Pingree Serrano Vargas Harris Meadows Steil
Gosar Mast Spano Plaskett Shalala Veasey Hartzler Meuser Steube
Granger McCarthy Stauber Pocan Sherman Vela Hern, Kevin Miller Stewart
Graves (GA) McCaul Porter Sherrill Velázquez Herrera Beutler Mitchell
Stefanik Stivers
Graves (LA) McHenry Pressley Sires Visclosky Hice (GA) Moolenaar
Steil Taylor
Graves (MO) Meadows Price (NC) Slotkin Walberg Higgins (LA) Mooney (WV)
Steube Thompson (PA)
Green (TN) Miller Quigley Smith (NJ) Wasserman Hill (AR) Mullin
Stewart Thornberry
Griffith Mitchell Raskin Smith (WA) Schultz Hollingsworth Murphy (NC)
Stivers Timmons
Grothman Moolenaar Rice (NY) Soto Waters Hudson Newhouse
Taylor Tipton
Guest Mooney (WV) Richmond Speier Watson Coleman Huizenga Norman
Thompson (PA) Rose (NY) Stanton Welch Hurd (TX) Nunes Turner
Guthrie Mullin
Hagedorn Murphy (FL) Thornberry Rouda Stevens Wexton Johnson (LA) Olson Upton
Harris Murphy (NC) Timmons Roybal-Allard Suozzi Wild Johnson (OH) Palazzo Wagner
Hartzler Newhouse Tipton Ruiz Swalwell (CA) Wilson (FL) Johnson (SD) Palmer Walberg
Hern, Kevin Norman Turner Ruppersberger Takano Yarmuth Jordan Pence Walden
Herrera Beutler Nunes Upton Joyce (OH) Perry Walker
Hice (GA) Olson Wagner NOT VOTING—16 Joyce (PA) Posey Walorski
Higgins (LA) Palazzo Walden Byrne Holding Roby Keller Ratcliffe Waltz
Hill (AR) Palmer Walker Cárdenas Kirkpatrick San Nicolas Kelly (MS) Reed Watkins
Hollingsworth Pence Walorski Cleaver Lewis Sewell (AL) Kelly (PA) Reschenthaler Weber (TX)
Hudson Perry Waltz Eshoo Meuser King (IA) Rice (SC) Wenstrup
Webster (FL)
Hurd (TX) Posey Watkins Gabbard Morelle King (NY) Riggleman Westerman
Johnson (LA) Ratcliffe Weber (TX) Gaetz Radewagen Kinzinger Rodgers (WA) Williams
Johnson (OH) Reed Wenstrup Kustoff (TN) Roe, David P. Wilson (SC)
Johnson (SD) Reschenthaler Westerman ANNOUNCEMENT BY THE ACTING CHAIR LaHood Rogers (AL) Wittman
Jordan Rice (SC) Williams The Acting CHAIR (during the vote). LaMalfa Rogers (KY) Womack
Joyce (OH) Riggleman Wilson (SC) Lamborn Rooney (FL) Woodall
Joyce (PA) Rodgers (WA) Wittman There is 1 minute remaining. Latta Rose, John W. Wright
Katko Roe, David P. Womack Lesko Rouzer Yoho
Keller Rogers (AL) Woodall b 2011 Long Roy Zeldin
Kelly (MS) Rogers (KY) Wright
Kelly (PA) Rooney (FL) Yoho So the amendment was rejected. NOES—235
King (IA) Rose, John W. Young The result of the vote was announced Adams DelBene Kim
Kinzinger Rouzer Zeldin Aguilar Delgado Kind
as above recorded. Allred Demings Krishnamoorthi
NOES—229 AMENDMENT NO. 4 OFFERED BY MR. DAVID P. Amash DeSaulnier Kuster (NH)
ROE OF TENNESSEE Axne Deutch Lamb
Adams DelBene Khanna Barragán Dingell Langevin
Aguilar Delgado Kildee The Acting CHAIR. The unfinished Bass Doggett Larsen (WA)
Allred Demings Kilmer business is the demand for a recorded Beatty Doyle, Michael Larson (CT)
Axne DeSaulnier Kim
Barragán Deutch Kind
vote on the amendment offered by the Bera F. Lawrence
gentleman from Tennessee (Mr. DAVID Beyer Engel Lawson (FL)
Bass Dingell King (NY) Bishop (GA) Escobar Lee (CA)
Beatty Doggett Krishnamoorthi P. ROE) on which further proceedings Blumenauer Eshoo Lee (NV)
Bera Doyle, Michael Kuster (NH) were postponed and on which the noes Blunt Rochester Espaillat Levin (CA)
Beyer F. Lamb
prevailed by voice vote. Bonamici Evans Levin (MI)
Bishop (GA) Engel Langevin Bost Finkenauer Lieu, Ted
Blumenauer Escobar Larsen (WA) The Clerk will redesignate the Boyle, Brendan Fitzpatrick Lipinski
Blunt Rochester Espaillat Larson (CT) amendment. F. Fletcher Loebsack
Bonamici Evans Lawrence
Boyle, Brendan Finkenauer Lawson (FL)
The Clerk redesignated the amend- Brindisi Foster Lofgren
ment. Brown (MD) Frankel Lowenthal
F. Fitzpatrick Lee (CA) Brownley (CA) Fudge Lowey
Brindisi Fletcher Lee (NV) RECORDED VOTE Bustos Gallego Luján
Brown (MD) Foster Levin (CA)
The Acting CHAIR. A recorded vote Butterfield Garamendi Luria
Brownley (CA) Frankel Levin (MI) Carbajal Garcı́a (IL) Lynch
Bustos Fudge Lieu, Ted has been demanded. Cárdenas Garcia (TX) Malinowski
Butterfield Gallego Lipinski A recorded vote was ordered. Carson (IN) Golden Maloney,
Carbajal Garamendi Loebsack
Carson (IN) Garcı́a (IL) Lofgren
The Acting CHAIR. This will be a 2- Cartwright Gomez Carolyn B.
minute vote. Case Gonzalez (TX) Maloney, Sean
Cartwright Garcia (TX) Lowenthal Casten (IL) Gottheimer Matsui
Case Golden Lowey The vote was taken by electronic de- Castor (FL) Green, Al (TX) McAdams
Casten (IL) Gomez Luján vice, and there were—ayes 187, noes 235, Castro (TX) Grijalva McBath
Castor (FL) Gonzalez (TX) Luria
not voting 13, as follows: Chu, Judy Haaland McCollum
Castro (TX) Gottheimer Lynch Cicilline Harder (CA) McEachin
Chu, Judy Green, Al (TX) Malinowski [Roll No. 43] Cisneros Hastings McGovern
Cicilline Grijalva Maloney,
AYES—187 Clark (MA) Hayes McNerney
Cisneros Haaland Carolyn B. Clarke (NY) Heck Meeks
Clark (MA) Harder (CA) Maloney, Sean Abraham Buck Curtis Clay Higgins (NY) Meng
Clarke (NY) Hastings Matsui Aderholt Bucshon Davidson (OH) Clyburn Himes Moore
Clay Hayes McAdams Allen Budd DesJarlais Cohen Horn, Kendra S. Moulton
Clyburn Heck McBath Amodei Burchett Diaz-Balart Connolly Horsford Mucarsel-Powell
Cohen Higgins (NY) McClintock Armstrong Burgess Duncan Cooper Houlahan Murphy (FL)
Connolly Himes McCollum Arrington Calvert Dunn Correa Hoyer Nadler
Cooper Horn, Kendra S. McEachin Babin Carter (GA) Emmer Costa Huffman Napolitano
Correa Horsford McGovern Bacon Carter (TX) Estes Courtney Jackson Lee Neal
Costa Houlahan McKinley Baird Chabot Ferguson Cox (CA) Jayapal Neguse
Courtney Hoyer McNerney Balderson Cheney Fleischmann Craig Jeffries Norcross
Cox (CA) Huffman Meeks Banks Cline Flores Crist Johnson (GA) Norton
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Craig Huizenga Meng Barr Cloud Fortenberry Crow Johnson (TX) O’Halleran
Crist Jackson Lee Moore Bergman Cole Foxx (NC) Davids (KS) Kaptur Ocasio-Cortez
Crow Jayapal Moulton Biggs Collins (GA) Fulcher Davis (CA) Katko Omar
Davids (KS) Jeffries Mucarsel-Powell Bilirakis Comer Gallagher Davis, Danny K. Keating Pallone
Davis (CA) Johnson (GA) Nadler Bishop (NC) Conaway Gianforte Davis, Rodney Kelly (IL) Panetta
Davis, Danny K. Johnson (TX) Napolitano Bishop (UT) Cook Gibbs Dean Kennedy Pappas
Dean Kaptur Neal Brady Crawford Gohmert DeFazio Khanna Pascrell
DeFazio Keating Neguse Brooks (AL) Crenshaw Gonzalez (OH) DeGette Kildee Payne
DeGette Kelly (IL) Norcross Brooks (IN) Cuellar González-Colón DeLauro Kilmer Perlmutter
DeLauro Kennedy Norton Buchanan Cunningham (PR)
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H922 CONGRESSIONAL RECORD — HOUSE February 6, 2020
Peters Schiff Titus Haaland Maloney, Sean Sarbanes Rogers (AL) Spano Walker
Peterson Schneider Tlaib Harder (CA) Patrick Scanlon Rogers (KY) Stefanik Walorski
Phillips Schrader Tonko Hastings Matsui Schakowsky Rooney (FL) Steil Waltz
Pingree Schrier Torres (CA) Hayes McAdams Schiff Rose, John W. Steube Watkins
Plaskett Scott (VA) Torres Small Heck McBath Schneider Rouzer Stewart Weber (TX)
Pocan Scott, David (NM) Higgins (NY) McCollum Schrader Roy Stivers Wenstrup
Porter Serrano Trahan Himes McEachin Schrier Rutherford Taylor Westerman
Pressley Shalala Trone Horn, Kendra S. McGovern Scott (VA) Scalise Thompson (PA) Williams
Price (NC) Sherman Underwood Horsford McKinley Scott, David Schweikert Thornberry
Wilson (SC)
Quigley Sherrill Van Drew Houlahan McNerney Serrano Scott, Austin Timmons
Wittman
Raskin Sires Vargas Hoyer Meeks Shalala Sensenbrenner Tipton
Rice (NY) Slotkin Veasey Shimkus Womack
Huffman Meng Sherman Turner
Richmond Smith (NJ) Vela Moore Sherrill Simpson Upton Woodall
Jackson Lee Wright
Rose (NY) Smith (WA) Velázquez Jayapal Moulton Sires Smith (MO) Wagner
Rouda Soto Visclosky Mucarsel-Powell Slotkin Smith (NE) Walberg Yoho
Jeffries Zeldin
Roybal-Allard Spanberger Wasserman Murphy (FL) Smith (NJ) Smucker Walden
Johnson (GA)
Ruiz Speier Schultz Nadler Smith (WA)
Johnson (TX) NOT VOTING—15
Ruppersberger Stanton Waters Napolitano Soto
Kaptur
Rush Stauber Watson Coleman Neal Spanberger Byrne Johnson (LA) Radewagen
Katko
Ryan Stevens Welch Neguse Speier Cleaver Kirkpatrick Roby
Keating
Sablan Suozzi Wexton Norcross Stanton Gabbard Lesko San Nicolas
Sánchez Swalwell (CA) Wild Kelly (IL)
Norton Stauber Gaetz Lewis Sewell (AL)
Sarbanes Takano Wilson (FL) Kennedy
O’Halleran Stevens Holding Morelle Webster (FL)
Scanlon Thompson (CA) Yarmuth Khanna Ocasio-Cortez Suozzi
Schakowsky Thompson (MS) Young Kildee Omar Swalwell (CA) ANNOUNCEMENT BY THE ACTING CHAIR
Kilmer Pallone Takano
NOT VOTING—13 Kim The Acting CHAIR (during the vote).
Panetta Thompson (CA)
Kind Pappas Thompson (MS)
There is 1 minute remaining.
Byrne Kirkpatrick San Nicolas
King (NY) Pascrell Titus
Cleaver Lewis Sewell (AL)
Krishnamoorthi Payne Tlaib
b 2019
Gabbard Morelle Webster (FL)
Kuster (NH) Perlmutter Tonko
Gaetz Radewagen
Lamb
So the amendment was agreed to.
Holding Roby Peters Torres (CA)
Langevin Peterson Torres Small
The result of the vote was announced
Larsen (WA) Phillips (NM) as above recorded.
b 2015 Larson (CT) Pingree Trahan AMENDMENT NO. 6 OFFERED BY MR. ALLEN
Lawrence Plaskett Trone
So the amendment was rejected. Lawson (FL) The Acting CHAIR. The unfinished
Pocan Underwood
The result of the vote was announced Lee (CA) Porter Van Drew business is the demand for a recorded
as above recorded. Lee (NV) Pressley Vargas vote on the amendment offered by the
AMENDMENT NO. 5 OFFERED BY MS. WILD Levin (CA) Price (NC) Veasey
Levin (MI) Quigley Vela
gentleman from Georgia (Mr. ALLEN)
The Acting CHAIR. The unfinished Lieu, Ted Raskin Velázquez on which further proceedings were
business is the demand for a recorded Lipinski Rice (NY) Visclosky postponed and on which the noes pre-
vote on the amendment offered by the Loebsack Richmond Wasserman
Lofgren
vailed by voice vote.
Rose (NY) Schultz
gentlewoman from Pennsylvania (Ms. Lowenthal Rouda Waters The Clerk will redesignate the
WILD) on which further proceedings Lowey Roybal-Allard Watson Coleman amendment.
were postponed and on which the ayes Luján Ruiz Welch The Clerk redesignated the amend-
prevailed by voice vote. Luria Ruppersberger Wexton
Lynch Rush Wild
ment.
The Clerk will redesignate the Malinowski Ryan Wilson (FL) RECORDED VOTE
amendment. Maloney, Sablan Yarmuth The Acting CHAIR. A recorded vote
The Clerk redesignated the amend- Carolyn B. Sánchez Young
has been demanded.
ment. A recorded vote was ordered.
NOES—178
RECORDED VOTE The Acting CHAIR. This will be a 2-
Abraham Dunn Kelly (PA)
The Acting CHAIR. A recorded vote Aderholt Estes King (IA) minute vote.
has been demanded. Allen Ferguson Kinzinger The vote was taken by electronic de-
A recorded vote was ordered. Amodei Fleischmann Kustoff (TN) vice, and there were—ayes 187, noes 232,
Armstrong Flores LaHood
The Acting CHAIR. This will be a 2- Arrington Foxx (NC) LaMalfa not voting 16, as follows:
minute vote. Babin Fulcher Lamborn [Roll No. 45]
The vote was taken by electronic de- Baird Gallagher Latta
AYES—187
vice, and there were—ayes 242, noes 178, Balderson Gianforte Long
Banks Gibbs Loudermilk Abraham Collins (GA) Griffith
not voting 15, as follows: Barr Gohmert Lucas Aderholt Comer Grothman
[Roll No. 44] Biggs Gonzalez (OH) Luetkemeyer Allen Conaway Guest
Bishop (NC) González-Colón Marchant Amash Cook Guthrie
AYES—242 Bishop (UT) (PR) Marshall Amodei Crawford Hagedorn
Adams Castor (FL) Demings Bost Gooden Massie Armstrong Crenshaw Harris
Aguilar Castro (TX) DeSaulnier Brady Gosar Mast Arrington Cuellar Hartzler
Allred Chu, Judy Deutch Brooks (AL) Granger McCarthy Babin Cunningham Hern, Kevin
Amash Cicilline Dingell Brooks (IN) Graves (GA) McCaul Bacon Curtis Herrera Beutler
Axne Cisneros Doggett Buchanan Graves (LA) McClintock Baird Davidson (OH) Hice (GA)
Bacon Clark (MA) Doyle, Michael Buck Graves (MO) McHenry Balderson DesJarlais Higgins (LA)
Barragán Clarke (NY) F. Bucshon Green (TN) Meadows Banks Diaz-Balart Hill (AR)
Bass Clay Emmer Budd Griffith Meuser Barr Duncan Hollingsworth
Beatty Clyburn Engel Burchett Grothman Miller Bergman Dunn Hudson
Bera Cohen Escobar Burgess Guest Mitchell Biggs Estes Huizenga
Bergman Connolly Eshoo Calvert Guthrie Moolenaar Bilirakis Ferguson Hurd (TX)
Beyer Cooper Espaillat Carter (GA) Hagedorn Mooney (WV) Bishop (NC) Fleischmann Johnson (LA)
Bilirakis Correa Evans Carter (TX) Harris Mullin Bishop (UT) Flores Johnson (OH)
Bishop (GA) Costa Finkenauer Chabot Hartzler Murphy (NC) Brady Fortenberry Johnson (SD)
Blumenauer Courtney Fitzpatrick Cheney Hern, Kevin Newhouse Brooks (AL) Foxx (NC) Jordan
Blunt Rochester Cox (CA) Fletcher Cline Herrera Beutler Norman Brooks (IN) Fulcher Joyce (PA)
Bonamici Craig Fortenberry Cloud Hice (GA) Nunes Buchanan Gallagher Katko
Boyle, Brendan Crist Foster Cole Higgins (LA) Olson Buck Gianforte Keller
F. Crow Frankel Collins (GA) Hill (AR) Palazzo Bucshon Gibbs Kelly (MS)
Brindisi Cuellar Fudge Comer Hollingsworth Palmer Budd Gohmert Kelly (PA)
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Brown (MD) Cunningham Gallego Conaway Hudson Pence Burchett Gonzalez (OH) King (IA)
Brownley (CA) Davids (KS) Garamendi Cook Huizenga Perry Burgess González-Colón Kinzinger
Bustos Davis (CA) Garcı́a (IL) Crawford Hurd (TX) Posey Calvert (PR) Kustoff (TN)
Butterfield Davis, Danny K. Garcia (TX) Crenshaw Johnson (OH) Ratcliffe Carter (GA) Gooden LaHood
Carbajal Dean Golden Curtis Johnson (SD) Reed Carter (TX) Gosar LaMalfa
Cárdenas DeFazio Gomez Davidson (OH) Jordan Reschenthaler Chabot Granger Lamborn
Carson (IN) DeGette Gonzalez (TX) Davis, Rodney Joyce (OH) Rice (SC) Cheney Graves (GA) Latta
Cartwright DeLauro Gottheimer DesJarlais Joyce (PA) Riggleman Cline Graves (LA) Lesko
Case DelBene Green, Al (TX) Diaz-Balart Keller Rodgers (WA) Cloud Graves (MO) Long
Casten (IL) Delgado Grijalva Duncan Kelly (MS) Roe, David P. Cole Green (TN) Loudermilk
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H923
Lucas Ratcliffe Taylor Stauber Torres (CA) Visclosky Mooney (WV) Roy Upton
Luetkemeyer Reed Thompson (PA) Stevens Torres Small Wasserman Mullin Rutherford Van Drew
Marchant Rice (SC) Thornberry Suozzi (NM) Schultz Murphy (NC) Scalise Wagner
Marshall Riggleman Timmons Swalwell (CA) Trahan Waters Newhouse Schweikert Walberg
Massie Rodgers (WA) Tipton Takano Trone Watson Coleman Norman Scott, Austin Walden
Mast Roe, David P. Turner Thompson (CA) Underwood Welch Nunes Sensenbrenner Walker
McAdams Rogers (AL) Upton Thompson (MS) Vargas Wexton Olson Shimkus Walorski
McCarthy Rogers (KY) Van Drew Titus Veasey Wild Palazzo Simpson Waltz
McCaul Rooney (FL) Wagner Tlaib Vela Wilson (FL) Palmer Smith (MO)
Watkins
McClintock Rose, John W. Walberg Tonko Velázquez Yarmuth Pence Smith (NE)
Weber (TX)
McHenry Rouzer Walden Perry Smucker
NOT VOTING—16 Posey Spano Wenstrup
Meadows Roy Walker
Meuser Rutherford Ratcliffe Stefanik Westerman
Walorski Byrne Kirkpatrick Roby
Miller Scalise Reed Steil Williams
Waltz Cisneros Lewis San Nicolas
Mitchell Schweikert Cleaver Lynch Rice (SC) Steube Wilson (SC)
Watkins Sewell (AL)
Moolenaar Scott, Austin Gabbard Morelle Riggleman Stewart Wittman
Weber (TX) Webster (FL)
Mooney (WV) Sensenbrenner Gaetz Price (NC) Rodgers (WA) Stivers Womack
Mullin Shimkus Wenstrup Roe, David P. Taylor Woodall
Holding Radewagen
Murphy (NC) Simpson Westerman Rogers (AL) Thompson (PA) Wright
Newhouse Smith (MO) Williams ANNOUNCEMENT BY THE ACTING CHAIR Rogers (KY) Thornberry Yoho
Norman Smith (NE) Wilson (SC) Rooney (FL) Timmons
The Acting CHAIR (during the vote). Young
Nunes Smucker Wittman Rose, John W. Tipton Zeldin
Olson Spano Womack There is 1 minute remaining. Rouzer Turner
Palazzo Stefanik Woodall
Palmer Steil Wright b 2023 NOES—235
Pence Steube Yoho So the amendment was rejected. Adams Fudge Moulton
Perry Stewart Young Aguilar Gallego Mucarsel-Powell
Posey Stivers Zeldin
The result of the vote was announced
Allred Garamendi Murphy (FL)
as above recorded. Axne Garcı́a (IL) Nadler
NOES—232 AMENDMENT NO. 10 OFFERED BY MR. MEADOWS Barragán Garcia (TX) Napolitano
Bass Golden Neal
Adams Fitzpatrick McCollum The Acting CHAIR. The unfinished Beatty Gomez Neguse
Aguilar Fletcher McEachin business is the demand for a recorded Bera Gonzalez (TX) Norcross
Allred Foster McGovern
Axne Frankel McKinley
vote on the amendment offered by the Beyer Gottheimer Norton
gentleman from North Carolina (Mr. Bishop (GA) Green, Al (TX) O’Halleran
Barragán Fudge McNerney Blumenauer Grijalva Ocasio-Cortez
Bass Gallego Meeks MEADOWS) on which further pro- Blunt Rochester Haaland Omar
Beatty Garamendi Meng ceedings were postponed and on which Bonamici Harder (CA) Pallone
Bera Garcı́a (IL) Moore
the noes prevailed by voice vote. Bost Hastings Panetta
Beyer Garcia (TX) Moulton Boyle, Brendan Hayes Pappas
Bishop (GA) Golden Mucarsel-Powell The Clerk will redesignate the F. Heck
Blumenauer Gomez Murphy (FL) Pascrell
amendment. Brindisi Higgins (NY) Payne
Blunt Rochester Gonzalez (TX) Nadler
Bonamici Gottheimer Napolitano
The Clerk redesignated the amend- Brown (MD) Himes Perlmutter
ment. Brownley (CA) Horn, Kendra S. Peters
Bost Green, Al (TX) Neal Bustos Horsford Peterson
Boyle, Brendan Grijalva Neguse RECORDED VOTE Butterfield Houlahan Phillips
F. Haaland Norcross
The Acting CHAIR. A recorded vote Carbajal Hoyer Pingree
Brindisi Harder (CA) Norton Cárdenas Huffman Plaskett
Brown (MD) Hastings O’Halleran has been demanded. Carson (IN) Jackson Lee
Brownley (CA) Hayes Ocasio-Cortez Pocan
A recorded vote was ordered. Cartwright Jayapal Porter
Bustos Heck Omar
Butterfield Higgins (NY) Pallone
The Acting CHAIR. This will be a 2- Case Jeffries Pressley
minute vote. Casten (IL) Johnson (GA) Price (NC)
Carbajal Himes Panetta Castor (FL) Johnson (TX) Quigley
Cárdenas Horn, Kendra S. Pappas The vote was taken by electronic de- Castro (TX) Joyce (OH)
Carson (IN) Horsford Pascrell Raskin
vice, and there were—ayes 186, noes 235, Chu, Judy Kaptur Reschenthaler
Cartwright Houlahan Payne
not voting 14, as follows: Cicilline Keating
Case Hoyer Perlmutter Rice (NY)
Cisneros Kelly (IL)
Casten (IL) Huffman Peters [Roll No. 46] Richmond
Clark (MA) Kennedy
Castor (FL) Jackson Lee Peterson Rose (NY)
AYES—186 Clarke (NY) Khanna
Castro (TX) Jayapal Phillips Rouda
Clay Kildee
Chu, Judy Jeffries Pingree Abraham Crenshaw Higgins (LA) Roybal-Allard
Clyburn Kilmer
Cicilline Johnson (GA) Plaskett Aderholt Cuellar Hill (AR) Ruiz
Cohen Kim
Clark (MA) Johnson (TX) Pocan Allen Cunningham Hudson Ruppersberger
Connolly Kind
Clarke (NY) Joyce (OH) Porter Amash Curtis Huizenga Rush
Cooper King (NY)
Clay Kaptur Pressley Amodei Davidson (OH) Hurd (TX) Ryan
Correa Krishnamoorthi
Clyburn Keating Quigley Armstrong DesJarlais Johnson (LA) Sablan
Costa Kuster (NH)
Cohen Kelly (IL) Raskin Arrington Diaz-Balart Johnson (OH) Sánchez
Courtney Lamb
Connolly Kennedy Reschenthaler Babin Duncan Johnson (SD) Sarbanes
Cox (CA) Langevin
Cooper Khanna Rice (NY) Bacon Dunn Jordan Scanlon
Craig Larsen (WA)
Correa Kildee Richmond Baird Estes Joyce (PA) Schakowsky
Crist Larson (CT)
Costa Kilmer Rose (NY) Balderson Ferguson Katko Schiff
Crow Lawrence
Courtney Kim Rouda Banks Fleischmann Keller Schneider
Davids (KS) Lawson (FL)
Cox (CA) Kind Roybal-Allard Barr Flores Kelly (MS) Schrader
Davis (CA) Lee (CA)
Craig King (NY) Ruiz Bergman Fortenberry Kelly (PA) Schrier
Davis, Danny K. Lee (NV)
Crist Krishnamoorthi Ruppersberger Biggs Foxx (NC) King (IA) Scott (VA)
Davis, Rodney Levin (CA)
Crow Kuster (NH) Rush Bilirakis Fulcher Kinzinger Scott, David
Dean Levin (MI)
Davids (KS) Lamb Ryan Bishop (NC) Gallagher Kustoff (TN) Serrano
DeFazio Lieu, Ted
Davis (CA) Langevin Sablan Bishop (UT) Gianforte LaHood Shalala
DeGette Lipinski
Davis, Danny K. Larsen (WA) Sánchez Brady Gibbs LaMalfa Sherman
DeLauro Loebsack
Davis, Rodney Larson (CT) Sarbanes Brooks (AL) Gohmert Lamborn Sherrill
DelBene Lofgren
Dean Lawrence Scanlon Brooks (IN) Gonzalez (OH) Latta Sires
Delgado Lowenthal
DeFazio Lawson (FL) Schakowsky Buchanan González-Colón Lesko Slotkin
Demings Lowey
DeGette Lee (CA) Schiff Buck (PR) Long Smith (NJ)
DeSaulnier Luján
DeLauro Lee (NV) Schneider Bucshon Gooden Loudermilk Smith (WA)
Deutch Luria
DelBene Levin (CA) Schrader Budd Gosar Lucas Soto
Dingell Lynch
Delgado Levin (MI) Schrier Burchett Granger Luetkemeyer Spanberger
Doggett Malinowski
Demings Lieu, Ted Scott (VA) Burgess Graves (GA) Marchant Speier
Doyle, Michael Maloney,
DeSaulnier Lipinski Scott, David Calvert Graves (LA) Marshall Stanton
F. Carolyn B.
Deutch Loebsack Serrano Carter (GA) Graves (MO) Massie Stauber
Emmer Maloney, Sean
Dingell Lofgren Shalala Carter (TX) Green (TN) Mast Stevens
Engel Matsui
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Doggett Lowenthal Sherman Chabot Griffith McAdams Suozzi
Escobar McBath
Doyle, Michael Lowey Sherrill Cheney Grothman McCarthy Swalwell (CA)
Eshoo McCollum
F. Luján Sires Cline Guest McCaul Takano
Espaillat McEachin
Emmer Luria Slotkin Cloud Guthrie McClintock Thompson (CA)
Evans McGovern
Engel Malinowski Smith (NJ) Cole Hagedorn McHenry Thompson (MS)
Finkenauer McKinley
Escobar Maloney, Smith (WA) Collins (GA) Harris Meadows Titus
Fitzpatrick McNerney
Eshoo Carolyn B. Soto Comer Hartzler Meuser Fletcher Meeks Tlaib
Espaillat Maloney, Sean Spanberger Conaway Hern, Kevin Miller Foster Meng Tonko
Evans Matsui Speier Cook Herrera Beutler Mitchell Frankel Moore Torres (CA)
Finkenauer McBath Stanton Crawford Hice (GA) Moolenaar
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H924 CONGRESSIONAL RECORD — HOUSE February 6, 2020
Torres Small Vela Welch Gallego Loudermilk Rutherford Gooden Jordan Ratcliffe
(NM) Velázquez Wexton Garamendi Lowenthal Ryan Gosar Joyce (PA) Roy
Trahan Visclosky Wild Garcı́a (IL) Lowey Sablan Griffith Marshall Waltz
Trone Wasserman Wilson (FL) Garcia (TX) Lucas Sánchez Harris Massie Yoho
Underwood Schultz Yarmuth Gianforte Luetkemeyer Sarbanes
Vargas Waters Gibbs Luján Scalise NOT VOTING—13
Veasey Watson Coleman Gohmert Luria Scanlon Byrne Kirkpatrick San Nicolas
Golden Lynch Schakowsky Cleaver Lewis Sewell (AL)
NOT VOTING—14 Gomez Malinowski Schiff Gabbard Morelle Webster (FL)
Byrne Hollingsworth Roby Gonzalez (OH) Maloney, Schneider Gaetz Radewagen
Cleaver Kirkpatrick San Nicolas Gonzalez (TX) Carolyn B. Schrader Holding Roby
Gabbard Lewis Sewell (AL) González-Colón Maloney, Sean Schrier
Gaetz Morelle (PR) Patrick Schweikert ANNOUNCEMENT BY THE ACTING CHAIR
Webster (FL)
Holding Radewagen Gottheimer Marchant Scott (VA) The Acting CHAIR (during the vote).
Granger Mast Scott, Austin
ANNOUNCEMENT BY THE ACTING CHAIR Graves (GA) Matsui Scott, David
There is 1 minute remaining.
The Acting CHAIR (during the vote). Graves (LA) McAdams Sensenbrenner
Graves (MO) McBath Serrano
b 2030
There is 1 minute remaining. Green (TN) McCarthy Shalala Mr. RICHMOND changed his vote
Green, Al (TX) McCaul Sherman
from ‘‘no’’ to ‘‘aye.’’
b 2026 Grijalva McClintock Sherrill
So the amendment was agreed to.
Grothman McCollum Shimkus
So the amendment was rejected. Guest McEachin Simpson The result of the vote was announced
The result of the vote was announced Guthrie McGovern Sires as above recorded.
Haaland McHenry Slotkin
as above recorded. Hagedorn McKinley Smith (MO) AMENDMENT NO. 16 OFFERED BY MR. ROUDA
AMENDMENT NO. 11 OFFERED BY MS. JACKSON Harder (CA) McNerney Smith (NE) The Acting CHAIR. The unfinished
LEE Hartzler Meadows Smith (NJ)
Hastings Meeks Smith (WA)
business is the demand for a recorded
The Acting CHAIR. The unfinished Hayes Meng Smucker vote on the amendment offered by the
business is the demand for a recorded Heck Meuser Soto gentleman from California (Mr. ROUDA)
vote on the amendment offered by the Hern, Kevin Miller Spanberger on which further proceedings were
Herrera Beutler Mitchell Spano
gentlewoman from Texas (Ms. JACKSON Hice (GA) Moolenaar Speier postponed and on which the ayes pre-
LEE) on which further proceedings were Higgins (LA) Mooney (WV) Stanton vailed by voice vote.
postponed and on which the ayes pre- Higgins (NY) Moore Stauber The Clerk will redesignate the
vailed by voice vote. Hill (AR) Moulton Stefanik
Himes Mucarsel-Powell Steil
amendment.
The Clerk will redesignate the Hollingsworth Mullin Steube The Clerk redesignated the amend-
amendment. Horn, Kendra S. Murphy (FL) Stevens ment.
The Clerk redesignated the amend- Horsford Murphy (NC) Stewart
RECORDED VOTE
Houlahan Nadler Stivers
ment. Hoyer Napolitano Suozzi The Acting CHAIR. A recorded vote
RECORDED VOTE Hudson Neal Swalwell (CA) has been demanded.
The Acting CHAIR. A recorded vote Huffman Neguse Takano
Huizenga Newhouse Taylor
A recorded vote was ordered.
has been demanded. Hurd (TX) Norcross Thompson (CA) The Acting CHAIR. This is a 2-
A recorded vote was ordered. Jackson Lee Norman Thompson (MS) minute vote.
The Acting CHAIR. This will be a 2- Jayapal Norton Thompson (PA) The vote was taken by electronic de-
Jeffries Nunes Thornberry
minute vote. Johnson (GA) O’Halleran Timmons vice, and there were—ayes 249, noes 173,
The vote was taken by electronic de- Johnson (LA) Ocasio-Cortez Tipton not voting 13, as follows:
vice, and there were—ayes 404, noes 18, Johnson (OH) Olson Titus [Roll No. 48]
not voting 13, as follows: Johnson (SD) Omar Tlaib
Johnson (TX) Palazzo Tonko AYES—249
[Roll No. 47] Joyce (OH) Pallone Torres (CA) Adams Cox (CA) Graves (LA)
AYES—404 Kaptur Palmer Torres Small Aguilar Craig Green, Al (TX)
Katko Panetta (NM) Allred Crist Grijalva
Adams Bustos Cunningham Keating Pappas Trahan
Aderholt Amash Crow Haaland
Butterfield Curtis Keller Pascrell Trone
Aguilar Axne Cuellar Harder (CA)
Calvert Davids (KS) Kelly (IL) Payne Turner
Allen Bacon Cunningham Hastings
Carbajal Davidson (OH) Kelly (MS) Pence Underwood
Allred Barragán Davids (KS) Hayes
Cárdenas Davis (CA) Kelly (PA) Perlmutter Upton
Amodei Bass Davis (CA) Heck
Carson (IN) Davis, Danny K. Kennedy Perry Van Drew
Armstrong Beatty Davis, Danny K. Higgins (NY)
Carter (GA) Davis, Rodney Khanna Peters Vargas
Arrington Bera Davis, Rodney Himes
Carter (TX) Dean Kildee Peterson Veasey
Axne Bergman Dean Hollingsworth
Cartwright DeFazio Kilmer Phillips Vela
Babin Beyer DeFazio Horn, Kendra S.
Case DeGette Kim Pingree Velázquez
Bacon Bishop (GA) DeGette Horsford
Casten (IL) DeLauro Kind Plaskett Visclosky
Baird Blumenauer DeLauro Houlahan
Castor (FL) DelBene King (IA) Pocan Wagner
Balderson Blunt Rochester DelBene Hoyer
Castro (TX) Delgado King (NY) Porter Walberg
Banks Bonamici Delgado Huffman
Chabot Demings Kinzinger Posey Walden
Barr Boyle, Brendan Demings Jackson Lee
Cheney DeSaulnier Krishnamoorthi Pressley Walker
Barragán F. DeSaulnier Jayapal
Chu, Judy DesJarlais Kuster (NH) Price (NC) Walorski
Bass Brindisi Deutch Jeffries
Cicilline Deutch Kustoff (TN) Quigley Wasserman
Beatty Brown (MD) Dingell Johnson (GA)
Cisneros Diaz-Balart LaHood Raskin Schultz
Bera Brownley (CA) Doggett Johnson (TX)
Clark (MA) Dingell LaMalfa Reed Waters
Bergman Bustos Doyle, Michael Kaptur
Clarke (NY) Doggett Lamb Reschenthaler Watkins
Beyer Butterfield F. Katko
Clay Doyle, Michael Lamborn Rice (NY) Watson Coleman
Bilirakis Carbajal Emmer Keating
Cline F. Langevin Rice (SC) Weber (TX)
Bishop (GA) Cárdenas Engel Kelly (IL)
Cloud Duncan Larsen (WA) Richmond Welch
Bishop (NC) Carson (IN) Escobar Kennedy
Clyburn Dunn Larson (CT) Riggleman Wenstrup
Bishop (UT) Cartwright Eshoo Khanna
Cohen Emmer Latta Rodgers (WA) Westerman
Blumenauer Case Espaillat Kildee
Cole Engel Lawrence Roe, David P. Wexton
Blunt Rochester Casten (IL) Evans Kilmer
Collins (GA) Escobar Lawson (FL) Rogers (AL) Wild
Bonamici Castor (FL) Finkenauer Kim
Comer Eshoo Lee (CA) Rogers (KY) Williams
Bost Castro (TX) Fitzpatrick Kind
Conaway Espaillat Lee (NV) Rooney (FL) Wilson (FL)
Boyle, Brendan Chu, Judy Fletcher King (NY)
Connolly Estes Lesko Rose (NY) Wilson (SC)
F. Cicilline Fortenberry Kinzinger
Cook Evans Levin (CA) Rose, John W. Wittman
Brady Cisneros Foster Krishnamoorthi
Cooper Finkenauer Levin (MI) Rouda Womack Clark (MA) Frankel Kuster (NH)
SSpencer on DSKBBXCHB2PROD with HOUSE
Brindisi Correa Fitzpatrick Lieu, Ted Rouzer Woodall
Brooks (IN) Clarke (NY) Fudge Lamb
Costa Fleischmann Lipinski Roybal-Allard Wright
Brown (MD) Clay Gallego Langevin
Courtney Fletcher Loebsack Ruiz Yarmuth
Brownley (CA) Clyburn Garamendi Larsen (WA)
Cox (CA) Flores Lofgren Ruppersberger Young
Buchanan Cohen Garcı́a (IL) Larson (CT)
Craig Fortenberry Long Rush Zeldin
Buck Connolly Garcia (TX) Lawrence
Crawford Foster
Bucshon Cooper Golden Lawson (FL)
Crenshaw Foxx (NC)
Budd Crist Frankel
NOES—18 Correa Gomez Lee (CA)
Burchett Abraham Biggs Ferguson Costa Gonzalez (TX) Lee (NV)
Crow Fudge
Burgess Amash Brooks (AL) Fulcher Courtney Gottheimer Levin (CA)
Cuellar Gallagher
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H925
Levin (MI) Payne Smith (WA) Wilson (SC) Womack Wright final opportunity to amend the legisla-
Lieu, Ted Perlmutter Soto Wittman Woodall Yoho
Lipinski Peters Spanberger
tion and would do so without any delay
Loebsack Peterson Speier NOT VOTING—13 in passage.
Lofgren Phillips Stanton Byrne Kirkpatrick San Nicolas This amendment ensures that labor
Lowenthal Pingree Stauber Cleaver Lewis Sewell (AL) unions are not using illegal foreign
Lowey Plaskett Stefanik Gabbard Morelle Webster (FL)
Luján Pocan
labor to expand their region to the
Stevens Gaetz Radewagen
Luria Porter Suozzi Holding Roby American workplaces and collect more
Lynch Pressley Swalwell (CA) union dues.
Malinowski Price (NC) Takano b 2038 Under current law, an employee can
Maloney, Quigley Thompson (CA)
Carolyn B. Raskin
So the amendment was agreed to. sign a union authorization card to
Thompson (MS)
Maloney, Sean Rice (NY) The result of the vote was announced count toward the showing of interest in
Titus
Matsui Richmond Tlaib as above recorded. union elections regardless of whether
McAdams Rose (NY) Tonko The Acting CHAIR (Mr. RASKIN). that worker is authorized to work in
McBath Rouda
McCollum Roybal-Allard
Torres (CA) There being no further amendments, the United States. Illegal immigrants
Torres Small should not be working at American
McEachin Ruiz
(NM)
under the rule, the Committee rises.
McGovern Ruppersberger
Trahan Accordingly, the Committee rose; companies, let alone used by labor
McKinley Rush and the Speaker pro tempore (Ms. PIN- unions to organize workplaces.
Trone
McNerney Ryan
Meeks Sablan
Underwood GREE) having assumed the chair, Mr. This motion to recommit ensures
Upton that unions cannot communicate with
Meng Sánchez RASKIN, Acting Chair of the Committee
Van Drew
Moore Sarbanes
Vargas of the Whole House on the state of the employees for organizing purposes if
Moulton Scanlon the employee is not legally authorized
Mucarsel-Powell Schakowsky Veasey Union, reported that that Committee,
Murphy (FL) Schiff Vela having had under consideration the bill to work in the United States.
Nadler Schneider Velázquez
(H.R. 2474) to amend the National Because of the success I have worked
Napolitano Schrader Visclosky for in life, not many people know that
Wasserman Labor Relations Act, the Labor Man-
Neal Schrier my life began very differently.
Neguse Scott (VA) Schultz agement Relations Act, 1947, and the
Norcross Scott, David Waters Labor-Management Reporting and Dis- My family was dependant on food
Norton Sensenbrenner Watson Coleman
closure Act of 1959, and for other pur- stamps for most of my youth. My
O’Halleran Serrano Welch stepdad never worked, and my siblings
Ocasio-Cortez Shalala Wexton poses, and, pursuant to House Resolu-
Wild tion 833, he reported the bill, as amend- and I paid the price for it.
Omar Sherman
Wilson (FL) I knew from a young age that I would
Pallone Sherrill ed by that resolution, back to the
Panetta Sires Yarmuth not let that be my life. From the mo-
House with sundry further amend-
Pappas Slotkin Young ment I could start working, I did what-
Pascrell Smith (NJ) Zeldin ments adopted in the Committee of the
ever it took to earn financial security:
Whole.
hog farming, welding, computer pro-
NOES—173 The SPEAKER pro tempore. Under
gramming, and the list goes on.
Abraham González-Colón Mooney (WV) the rule, the previous question is or- If it weren’t for the McDonald’s
Aderholt (PR) Mullin dered. Franchisee program, I wouldn’t be here
Allen Gooden Murphy (NC) Is a separate vote demanded on any
Amodei Gosar Newhouse today. After 11 years working in the
Armstrong Granger Norman further amendment reported from the restaurants, I was able to work my way
Arrington Graves (GA) Nunes Committee of the Whole? If not, the into the franchisee program and pur-
Babin Graves (MO) Olson Chair will put them en gros.
Baird Green (TN) Palazzo chase my first franchise location, then
Balderson Griffith Palmer
The amendments were agreed to. build a successful company with over
Banks Grothman Pence The SPEAKER pro tempore. The
20 locations; a program that allowed a
Barr Guest Perry question is on the engrossment and
Biggs Guthrie Posey person that came from a place like I
third reading of the bill.
Bilirakis Hagedorn Ratcliffe did to achieve the American Dream.
Bishop (NC) Harris Reed The bill was ordered to be engrossed I have lived a true American story.
Bishop (UT) Hartzler Reschenthaler and read a third time, and was read the And my mission in life is to help every
Bost Hern, Kevin Rice (SC) third time. child who grew up like me, wondering
Brady Herrera Beutler Riggleman
Brooks (AL) Hice (GA) Rodgers (WA) MOTION TO RECOMMIT where their next meal would come
Brooks (IN) Higgins (LA) Roe, David P. Mr. KEVIN HERN of Oklahoma. from, unsure if their lights would be on
Buchanan Hill (AR) Rogers (AL) Madam Speaker, I have a motion to re-
Buck Hudson Rogers (KY)
when they got home from school; I
Bucshon Huizenga Rooney (FL)
commit at the desk. want those kids to know that our coun-
Budd Hurd (TX) Rose, John W. The SPEAKER pro tempore. Is the try is a place of opportunity and a
Burchett Johnson (LA) Rouzer gentleman opposed to the bill? place of hope for those who will work
Burgess Johnson (OH) Roy Mr. KEVIN HERN of Oklahoma.
Calvert Johnson (SD) Rutherford for it.
Carter (GA) Jordan Scalise Madam Speaker, I am in its current We shouldn’t be here discussing this
Carter (TX) Joyce (OH) Schweikert form. bill today. It is not worthy of this
Chabot Joyce (PA) Scott, Austin The SPEAKER pro tempore. The Chamber. But since we are, I must do
Cheney Keller Shimkus
Cline Kelly (MS) Simpson
Clerk will report the motion to recom- everything I can to show my dis-
Cloud Kelly (PA) Smith (MO) mit. approval in the strongest terms.
Cole King (IA) Smith (NE) The Clerk read as follows: The change we are proposing here is
Collins (GA) Kustoff (TN) Smucker
Comer LaHood Spano
Mr. Kevin Hern of Oklahoma moves to re- simple. We are asking that unions be
Conaway LaMalfa Steil
commit the bill H.R. 2474 to the Committee barred from contacting individuals who
Cook Lamborn Steube on Education and Labor with instructions to are not eligible to work in this coun-
Crawford Latta Stewart report the same back to the House forthwith, try.
Crenshaw Lesko Stivers with the following amendment:
Curtis Long Taylor
If an employer cannot hire someone
Page 15, line 21, strike the closed quotation
Davidson (OH) Loudermilk Thompson (PA) marks and the second period. in our country illegally, a union should
DesJarlais Lucas Thornberry Page 15, after line 21, insert the following: not be allowed to organize those indi-
Diaz-Balart Luetkemeyer Timmons viduals. Believe it or not, this is not
‘‘(j) A labor organization shall not commu-
Duncan Marchant Tipton
Dunn Marshall Turner nicate with an employee regarding joining or currently outlawed.
Estes Massie Wagner supporting the labor organization if the em- If my colleagues insist on moving
ployee is not authorized to work in the forward with legislation that empowers
SSpencer on DSKBBXCHB2PROD with HOUSE
Ferguson Mast Walberg
Fleischmann McCarthy Walden United States.’’. union bosses and strips independence
Flores McCaul Walker
Foxx (NC) McClintock Walorski The SPEAKER pro tempore. Pursu- from our workers, they should not do it
Fulcher McHenry Waltz ant to the rule, the gentleman from in a way that encourages illegal immi-
Gallagher Meadows Watkins Oklahoma is recognized for 5 minutes gration.
Gianforte Meuser Weber (TX) This motion to recommit would
Gibbs Miller Wenstrup
in support of his motion.
Gohmert Mitchell Westerman Mr. KEVIN HERN of Oklahoma. make the PRO Act pro-American work-
Gonzalez (OH) Moolenaar Williams Madam Speaker, this motion is the er, rather than just pro-union bosses.
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H926 CONGRESSIONAL RECORD — HOUSE February 6, 2020
I have been doing my research a long able to bust a union organizing drive cide on their own, free of harassment
time. I spent 34 years as a business simply by firing undocumented work- and intimidation, whether or not they
owner before coming to Congress. I ers they had hired previously. wish to form a union and bargain col-
have dealt with union issues for longer The real-world effect of this MTR is lectively, and to access their other
than some of my colleagues have been to create a perverse incentive to go rights under the NLRA.
alive. ahead and hire undocumented workers, When we pass the PRO Act today, we
AFL–CIO President Richard Trumka, because they could never receive infor- say loud and clear that we are not on
who will financially benefit from the mation from a union about organizing. the side of special interests. We stand
passage of this bill, said: Moreover, carving out undocumented proudly on the side of working fami-
Those who will oppose, delay, or derail this workers from organizing deters all lies.
legislation, do not ask us for a single dollar workers from exercising their rights. I strongly urge my colleagues to vote
or a door knock. We won’t be coming. Employees who witness employers vio- ‘‘no’’ on this motion to recommit, and
Well, I am standing here today to let lating labor laws without repercussions to vote ‘‘yes’’ on the PRO Act.
Mr. Trumka know that I proudly op- will be afraid to rely on the National Madam Speaker, I yield to the gen-
pose this legislation. Labor Relations Act. tleman from Virginia (Mr. SCOTT), the
One of the biggest glaring failures of Finally, our immigration laws re- distinguished chairman of the Com-
this legislation is taking away em- quire employers to find out about mittee on Education and Labor.
ployee choice; effectively repealing whether workers are documented or Mr. SCOTT of Virginia. Madam
right-to-work laws all across this coun- not. There is no provision in our laws Speaker, this is the last step before we
try, like in my home State, where we that allow unions to find that out. can pass the PRO Act. We know that
choose to empower employers and em- This MTR is truly bad policy. It will union members make higher salaries,
ployees alike. encourage more hiring of undocu- get better benefits, work in safer work-
Decades of legal precedent will be mented workers; exactly the opposite places. Nonunion members benefit
pushed aside. Where workers have pre- of what the authors intend. But the from the high salaries.
viously had the freedom to choose main thing is it will undermine the Mr. LEVIN of Michigan. Madam
whether or not to pay fees and join a freedom to form unions and bargain Speaker, I yield back the balance of
union, they will now be forced to pay collectively for all workers. my time.
membership fees or lose their job. This Republicans offered this MTR to The SPEAKER pro tempore. Without
will put immeasurable power in the score political points. But we are fo- objection, the previous question is or-
hands of union bosses. cused on rebuilding the American mid- dered on the motion to recommit.
Privacy provisions—that have been dle class. There was no objection.
in place for decades—barring unions I have spent most of my career help- The SPEAKER pro tempore. The
from accessing private information ing workers form unions and bargain question is on the motion to recommit.
about employees, will be eradicated collectively. The power of workers to The question was taken; and the
under this bill. You heard that right. unite and demand fair wages, better Speaker pro tempore announced that
Unions will be able to access employ- benefits, and safer working conditions the noes appeared to have it.
ees’ private information, even those is truly inspiring, and it is essential for RECORDED VOTE
that are not members of the union. working families simply trying to get Mr. KEVIN HERN of Oklahoma.
They can use that information for any- by. Madam Speaker, I demand a recorded
thing; sell it to the highest bidder, all Right now, corporate profits are sky-
vote.
without the knowledge or the consent rocketing, while the share of
A recorded vote was ordered.
of the individuals. healthcare costs paid by employers is
The SPEAKER pro tempore. Pursu-
The same franchises that gave me falling. Worker productivity is at a
ant to clause 9 of rule XX, this 5-
the opportunity to achieve the Amer- peak, yet wages are stagnant. The gap
minute vote on the motion to recom-
ican Dream are under attack with this between the rich and poor is the high-
mit will be followed by 5-minute votes
legislation. Over 750,000 franchise loca- est ever recorded.
on:
tions that employ more than 8 million One of the main causes of these prob-
Passage of H.R. 2474, if ordered; and
people are at risk because of the joint lems is declining union membership,
Agreeing to H. Res. 826.
employer provisions in the bill. which is at its lowest point in decades.
The vote was taken by electronic de-
The expanded joint employer stand- The PRO Act is about reversing these
vice, and there were—ayes 195, noes 223,
ard has cost franchise businesses $33.3 trends so workers can enjoy their fair
not voting 11, as follows:
billion per year; resulting in 376,000 share in the economy that they help
create. [Roll No. 49]
lost job opportunities and 93 percent
more lawsuits. Recent studies have shown that in AYES—195
Many of the ideas in this bill have al- cities where union membership is Abraham Chabot Gibbs
Aderholt Cheney Gohmert
ready been rejected in the court system strong, children in low-income families Allen Cline Gonzalez (OH)
and are currently opposed by a bipar- go on to ascend to higher income levels Amodei Cloud Gooden
tisan coalition in Congress. than their parents. Isn’t that what Armstrong Cole Gosar
I urge my friends across the aisle to every parent wants? Arrington Collins (GA) Granger
Babin Comer Graves (GA)
support the motion to recommit on be- Creating a pathway to a better life, Bacon Conaway Graves (LA)
half of the American worker and their that is the American Dream, and that Baird Cook Graves (MO)
right to choose. is the power of a union. Balderson Crawford Green (TN)
Fifty-eight million Americans say Banks Crenshaw Griffith
Madam Speaker, I yield back the bal- Barr Cunningham Grothman
ance of my time. they would join a union if given the op- Bergman Curtis Guest
Mr. LEVIN of Michigan. Madam portunity; 58 million, 48 percent of non- Biggs Davidson (OH) Guthrie
Speaker, I rise in opposition to the mo- union workers. Bilirakis Davis, Rodney Hagedorn
Bishop (NC) DesJarlais Harris
tion to recommit. Just think of the impact we could Bishop (UT) Diaz-Balart Hartzler
The SPEAKER pro tempore. The gen- have simply by making it easier for Bost Duncan Hern, Kevin
tleman is recognized for 5 minutes. Americans to exercise the rights they Brady Dunn Herrera Beutler
Mr. LEVIN of Michigan. Madam already supposedly have under the law; Brooks (AL) Emmer Hice (GA)
Brooks (IN) Estes Higgins (LA)
Speaker, the PRO Act is about tack- rights that have been undermined sys-
SSpencer on DSKBBXCHB2PROD with HOUSE
Buchanan Ferguson Hill (AR)
ling income inequality and remedying tematically by special interests that Buck Fitzpatrick Hollingsworth
laws that have failed to protect work- want to keep the economy working for Bucshon Fleischmann Hudson
Budd Flores Huizenga
ers’ rights. the very wealthiest, at the expense of Burchett Fortenberry Hurd (TX)
The PRO Act expressly says it shall the vast majority of Americans. Burgess Foxx (NC) Johnson (LA)
not be construed to amend any laws re- The PRO Act is about that most Calvert Fulcher Johnson (OH)
garding hiring undocumented workers. American of ideals, freedom. All we are Carter (GA) Gallagher Johnson (SD)
Carter (TX) Gianforte Jordan
It also prevents employers from being doing today is allowing workers to de-
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February 6, 2020 CONGRESSIONAL RECORD — HOUSE H927
Joyce (OH) Murphy (NC) Spanberger Schrader Suozzi Veasey Norcross Rush Thompson (MS)
Joyce (PA) Newhouse Spano Schrier Swalwell (CA) Vela O’Halleran Ryan Titus
Katko Norman Stauber Scott (VA) Takano Velázquez Ocasio-Cortez Sánchez Tlaib
Keller Nunes Stefanik Scott, David Thompson (CA) Visclosky Omar Sarbanes Tonko
Kelly (MS) Olson Steil Serrano Thompson (MS) Wasserman Pallone Scanlon Torres (CA)
Kelly (PA) Palazzo Steube Shalala Titus Schultz Panetta Schakowsky Torres Small
King (IA) Palmer Stewart Sherman Tlaib Waters Pappas Schiff (NM)
King (NY) Pence Stivers Sherrill Tonko Watson Coleman Pascrell Schneider Trahan
Kinzinger Perry Taylor Sires Torres (CA) Payne Schrier
Welch Trone
Kustoff (TN) Peterson Thompson (PA) Slotkin Torres Small Pelosi Scott (VA)
Wexton Underwood
LaHood Posey Thornberry Smith (WA) (NM) Perlmutter Scott, David
Soto Wild Van Drew
LaMalfa Ratcliffe Timmons Trahan Peters Serrano
Lamborn Reed Tipton Speier Trone Wilson (FL) Peterson Shalala Vargas
Latta Reschenthaler Turner Stanton Underwood Yarmuth Phillips Sherman Veasey
Lesko Rice (SC) Upton Stevens Vargas Pingree Sherrill Vela
Long Riggleman Van Drew Pocan Sires Velázquez
Loudermilk Rodgers (WA) Wagner NOT VOTING—11 Porter Slotkin Visclosky
Lucas Roe, David P. Walberg Byrne Holding Roby Pressley Smith (NJ) Wasserman
Luetkemeyer Rogers (AL) Walden Cleaver Kirkpatrick Sewell (AL) Price (NC) Smith (WA) Schultz
Marchant Rogers (KY) Walker Gabbard Lewis Webster (FL) Quigley Soto Waters
Marshall Rooney (FL) Walorski Gaetz Morelle Raskin Spanberger Watson Coleman
Massie Rose, John W. Waltz Rice (NY) Speier Welch
Mast Rouzer Watkins Richmond Stanton
McCarthy Roy Weber (TX)
b 2100 Rose (NY) Stevens
Wexton
Wild
McCaul Rutherford Wenstrup So the motion to recommit was re- Rouda Suozzi Wilson (FL)
McClintock Scalise Westerman Roybal-Allard Swalwell (CA)
McHenry Schweikert Williams
jected. Ruiz Takano
Yarmuth
The result of the vote was announced Young
McKinley Scott, Austin Wilson (SC) Ruppersberger Thompson (CA)
Meadows Sensenbrenner Wittman as above recorded.
Meuser Shimkus Womack NOES—194
The SPEAKER pro tempore. The
Miller Simpson Woodall Abraham Gosar Norman
Mitchell Smith (MO) Wright question is on the passage of the bill. Aderholt Granger Nunes
Moolenaar Smith (NE) Yoho The question was taken; and the Allen Graves (GA) Olson
Mooney (WV) Smith (NJ) Young Speaker pro tempore announced that Amash Graves (LA) Palazzo
Mullin Smucker Zeldin Amodei Graves (MO) Palmer
the ayes appeared to have it.
Armstrong Green (TN) Pence
NOES—223 RECORDED VOTE Arrington Griffith Perry
Ms. FOXX of North Carolina. Madam Babin Grothman Posey
Adams Doyle, Michael Loebsack Bacon Guest Ratcliffe
Aguilar F. Lofgren Speaker, I demand a recorded vote. Baird Guthrie
Allred Engel Lowenthal Reed
A recorded vote was ordered. Balderson Hagedorn Reschenthaler
Amash Escobar Lowey
Axne Eshoo Luján
The SPEAKER pro tempore. This is a Banks Harris Rice (SC)
5-minute vote. Barr Hartzler Riggleman
Barragán Espaillat Luria Bergman Hern, Kevin Rodgers (WA)
Bass Evans Lynch The vote was taken by electronic de- Biggs Herrera Beutler
Finkenauer Malinowski Roe, David P.
Beatty vice, and there were—ayes 224, noes 194, Bilirakis Hice (GA)
Fletcher Maloney, Rogers (AL)
Bera Bishop (NC) Higgins (LA)
Beyer Foster Carolyn B. not voting 12, as follows: Rogers (KY)
Bishop (UT) Hill (AR) Rooney (FL)
Bishop (GA) Frankel Maloney, Sean [Roll No. 50] Bost Hollingsworth Rose, John W.
Blumenauer Fudge Matsui
AYES—224 Brady Horn, Kendra S. Rouzer
Blunt Rochester Gallego McAdams Brooks (AL) Hudson Roy
Bonamici Garamendi McBath Adams DeFazio Kaptur Brooks (IN) Huizenga Rutherford
Boyle, Brendan Garcı́a (IL) McCollum Aguilar DeGette Katko Buchanan Hurd (TX) Scalise
F. Garcia (TX) McEachin Allred DeLauro Keating Buck Johnson (LA)
Golden McGovern Axne DelBene Kelly (IL) Schrader
Brindisi Bucshon Johnson (OH)
Gomez McNerney Barragán Delgado Kennedy Schweikert
Brown (MD) Budd Johnson (SD)
Gonzalez (TX) Meeks Bass Demings Khanna Scott, Austin
Brownley (CA) Burchett Jordan
Gottheimer Meng Beatty DeSaulnier Kildee Sensenbrenner
Bustos Burgess Joyce (OH)
Green, Al (TX) Moore Bera Deutch Kilmer Shimkus
Butterfield Calvert Joyce (PA)
Grijalva Moulton Beyer Dingell Kim Simpson
Carbajal Carter (GA) Keller
Haaland Mucarsel-Powell Bishop (GA) Doggett Kind Smith (MO)
Cárdenas Carter (TX) Kelly (MS)
Harder (CA) Murphy (FL) Blumenauer Doyle, Michael Krishnamoorthi Smith (NE)
Carson (IN) Chabot Kelly (PA)
Hastings Nadler Blunt Rochester F. Kuster (NH) Smucker
Cartwright Cheney King (IA)
Hayes Napolitano Bonamici Engel Lamb Spano
Case Cline King (NY)
Heck Neal Boyle, Brendan Escobar Langevin Stauber
Casten (IL) Cloud Kinzinger
Higgins (NY) Neguse F. Eshoo Larsen (WA) Stefanik
Castor (FL) Cole Kustoff (TN)
Himes Norcross Brindisi Espaillat Larson (CT) Steil
Castro (TX) Collins (GA) LaMalfa
Horn, Kendra S. O’Halleran Brown (MD) Evans Lawrence Steube
Chu, Judy Comer Lamborn
Horsford Ocasio-Cortez Brownley (CA) Finkenauer Lawson (FL) Stewart
Cicilline Conaway Latta
Houlahan Omar Bustos Fitzpatrick Lee (CA) Stivers
Cisneros Cook Lesko
Hoyer Pallone Butterfield Fletcher Lee (NV) Taylor
Clark (MA) Crawford Long
Huffman Panetta Carbajal Foster Levin (CA) Thompson (PA)
Clarke (NY) Crenshaw Loudermilk
Jackson Lee Pappas Cárdenas Frankel Levin (MI) Thornberry
Clay Cuellar Lucas
Jayapal Pascrell Carson (IN) Fudge Lieu, Ted Timmons
Clyburn Cunningham Luetkemeyer
Jeffries Payne Cartwright Gallego Lipinski Tipton
Cohen Curtis Marchant
Johnson (GA) Perlmutter Case Garamendi Loebsack Turner
Connolly Davidson (OH) Marshall
Johnson (TX) Peters Casten (IL) Garcı́a (IL) Lofgren Upton
Cooper Davis, Rodney Massie
Kaptur Phillips Castor (FL) Garcia (TX) Lowenthal Wagner
Correa DesJarlais Mast
Keating Pingree Castro (TX) Golden Lowey Walberg
Costa Diaz-Balart McAdams
Kelly (IL) Pocan Chu, Judy Gomez Luján Walden
Courtney Duncan McBath
Kennedy Porter Cicilline Gonzalez (TX) Luria Walker
Cox (CA) Dunn McCarthy
Khanna Pressley Cisneros Gottheimer Lynch Walorski
Craig Emmer McCaul
Kildee Price (NC) Clark (MA) Green, Al (TX) Malinowski Waltz
Crist Estes McClintock
Kilmer Quigley Clarke (NY) Grijalva Maloney, Watkins
Crow Ferguson McHenry
Kim Raskin Clay Haaland Carolyn B. Weber (TX)
Cuellar Fleischmann McKinley
Kind Rice (NY) Clyburn Harder (CA) Maloney, Sean Wenstrup
Davids (KS) Flores Meadows
Krishnamoorthi Richmond Cohen Hastings Matsui Westerman
Davis (CA) Fortenberry Meuser
Kuster (NH) Rose (NY) Connolly Hayes McCollum Williams
Davis, Danny K. Foxx (NC) Miller
Lamb Rouda Cooper Heck McEachin Wilson (SC)
Dean Fulcher Mitchell
Langevin Roybal-Allard Correa Higgins (NY) McGovern Wittman
Gallagher Moolenaar
DeFazio
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Larsen (WA) Ruiz Costa Himes McNerney Womack
Gianforte Mooney (WV)
DeGette Larson (CT) Ruppersberger Courtney Horsford Meeks Gibbs Mullin Woodall
DeLauro Lawrence Rush Cox (CA) Houlahan Meng Gohmert Murphy (FL) Wright
DelBene Lawson (FL) Ryan Craig Hoyer Moore Gonzalez (OH) Murphy (NC) Yoho
Delgado Lee (CA) Sánchez Crist Huffman Moulton Gooden Newhouse Zeldin
Demings Lee (NV) Sarbanes Crow Jackson Lee Mucarsel-Powell
DeSaulnier Levin (CA) Scanlon Davids (KS) Jayapal Nadler NOT VOTING—12
Deutch Levin (MI) Schakowsky Davis (CA) Jeffries Napolitano
Dingell Byrne Gabbard Holding
Lieu, Ted Schiff Davis, Danny K. Johnson (GA) Neal
Doggett Cleaver Gaetz Kirkpatrick
Lipinski Schneider Dean Johnson (TX) Neguse
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H928 CONGRESSIONAL RECORD — HOUSE February 6, 2020
LaHood Morelle Sewell (AL) Lowey Peters Smith (WA) Wittman Woodall Young
Lewis Roby Webster (FL) Luján Peterson Soto Womack Wright Zeldin
Luria Phillips Spanberger
b 2107 Lynch Pingree Speier
NOT VOTING—16
Malinowski Pocan Stanton Armstrong Holding Roby
So the bill was passed. Maloney, Porter Stevens Barr Kirkpatrick Sewell (AL)
The result of the vote was announced Carolyn B. Pressley Suozzi Byrne Lewis Webster (FL)
as above recorded. Maloney, Sean Price (NC) Swalwell (CA) Cleaver Marchant Yoho
Matsui Quigley Takano Gabbard Morelle
A motion to reconsider was laid on Gaetz Norcross
McAdams Raskin Thompson (CA)
the table. McBath Rice (NY)
McCollum Richmond
Thompson (MS)
b 2114
f Titus
McEachin Rose (NY) Tlaib So the resolution was agreed to.
ANNOUNCEMENT BY THE SPEAKER McGovern Rouda Tonko The result of the vote was announced
McNerney Roybal-Allard Torres (CA)
PRO TEMPORE Meeks Ruiz Torres Small
as above recorded.
The SPEAKER pro tempore. The Meng Ruppersberger (NM) A motion to reconsider was laid on
Chair will remind all persons in the
Moore Rush Trahan the table.
Moulton Ryan Trone
gallery that they are here as guests of PERSONAL EXPLANATION
Mucarsel-Powell Sánchez Underwood
the House and that any manifestation Murphy (FL) Sarbanes Vargas Mrs. KIRKPATRICK. Madam Speaker, I was
of approval or disapproval of pro- Nadler Scanlon Veasey absent today due to a medical emergency.
Napolitano Schakowsky Vela Had I been present, I would have voted: ‘‘yea’’
ceedings is in violation of the rules of Neal Schiff Velázquez
the House. Neguse Schneider Visclosky
on rollcall No. 38, ‘‘yea’’ on rollcall No. 39,
O’Halleran Schrier Wasserman ‘‘yea’’ on rollcall No. 40, ‘‘yea’’ on rollcall No.
f Ocasio-Cortez Scott (VA) Schultz 41, ‘‘no’’ on rollcall No. 42, ‘‘no’’ on rollcall No.
Omar Scott, David Waters 43, ‘‘yea’’ on rollcall No. 44, ‘‘no’’ on rollcall
EXPRESSING DISAPPROVAL OF Pallone Serrano Watson Coleman
THE TRUMP ADMINISTRATION’S Panetta Shalala Welch No. 45, ‘‘no’’ on rollcall No. 46, ‘‘yea’’ on roll-
HARMFUL ACTIONS TOWARDS Pappas Sherman Wexton call No. 47, ‘‘yea’’ on rollcall No. 48, ‘‘no’’ on
MEDICAID Pascrell Sherrill Wild rollcall No. 49, ‘‘yea’’ on rollcall No. 50, and
Payne Sires Wilson (FL) ‘‘yea’’ on rollcall No. 51.
The SPEAKER pro tempore. Pursu- Perlmutter Slotkin Yarmuth
f
ant to clause 8 of rule XX, the unfin-
ished business is the vote on adoption NAYS—190 MOMENT OF SILENCE HONORING
of the resolution (H. Res. 826) express- Abraham Gosar Norman REPRESENTATIVE FORTNEY
Aderholt Granger Nunes
ing disapproval of the Trump adminis- Allen Graves (GA)
‘‘PETE’’ STARK
Olson
tration’s harmful actions towards Med- Amash Graves (LA) Palazzo (Ms. PELOSI asked and was given
icaid, on which the yeas and nays were Amodei Graves (MO) Palmer permission to address the House for 1
ordered. Arrington Green (TN) Pence
Babin Griffith Perry
minute.)
The Clerk read the title of the resolu- Bacon Grothman Ms. PELOSI. Mr. Speaker, we rise to
Posey
tion. Baird Guest Ratcliffe honor the legacy of Representative
The SPEAKER pro tempore. The Balderson Guthrie Reed
Banks Hagedorn Fortney ‘‘Pete’’ Stark, who passed
question is on the resolution. Bergman Harris
Reschenthaler
away on January 24.
This is a 5-minute vote. Rice (SC)
Biggs Hartzler
Riggleman With his passing, the country, Cali-
The vote was taken by electronic de- Bilirakis Hern, Kevin
Rodgers (WA) fornia, and the East Bay community
vice, and there were—yeas 223, nays Bishop (NC) Herrera Beutler
Bishop (UT) Hice (GA) Roe, David P. lost a champion of the people and a
190, not voting 16, as follows: Bost Higgins (LA) Rogers (AL) leader of great courage and compassion
Brady Hill (AR) Rogers (KY)
[Roll No. 51] who served in the House of Representa-
Brooks (AL) Hollingsworth Rooney (FL)
YEAS—223 Brooks (IN) Hudson Rose, John W. tives for 40 years.
Adams Craig Harder (CA) Buchanan Huizenga Rouzer Those of us who had the honor of
Aguilar Crist Hastings Buck Hurd (TX) Roy serving with Pete in our California
Allred Crow Hayes Bucshon Johnson (LA) Rutherford
Axne Cuellar Heck Budd Johnson (OH) Scalise
congressional delegation have all lost a
Barragán Cunningham Higgins (NY) Burchett Johnson (SD) Schrader dear friend.
Bass Davids (KS) Himes Burgess Jordan Schweikert Pete was a relentless champion for
Beatty Davis (CA) Horn, Kendra S. Calvert Joyce (OH) Scott, Austin universal healthcare. He had an
Bera Davis, Danny K. Horsford Carter (GA) Joyce (PA) Sensenbrenner
Beyer Dean Houlahan Carter (TX) Katko Shimkus
unrivaled understanding of the chal-
Bishop (GA) DeFazio Hoyer Chabot Keller Simpson lenges of America’s health system.
Blumenauer DeGette Huffman Cheney Kelly (MS) Smith (MO) Whether it was fighting for COBRA
Blunt Rochester DeLauro Jackson Lee Cline Kelly (PA) Smith (NE) to help working families maintain
Bonamici DelBene Jayapal Cloud King (IA) Smith (NJ)
Boyle, Brendan Delgado Jeffries Cole King (NY) Smucker
their coverage during times of finan-
F. Demings Johnson (GA) Collins (GA) Kinzinger Spano cial insecurity or taking a leading role
Brindisi DeSaulnier Johnson (TX) Comer Kustoff (TN) Stauber in writing the Affordable Care Act,
Brown (MD) Deutch Kaptur Conaway LaHood Stefanik
Brownley (CA) Dingell Keating Cook LaMalfa
Pete always seized opportunities to ex-
Steil
Bustos Doggett Kelly (IL) Crawford Lamborn Steube
pand access to quality, affordable
Butterfield Doyle, Michael Kennedy Crenshaw Latta Stewart healthcare for all.
Carbajal F. Khanna Curtis Lesko Pete will rightly be remembered and
Stivers
Cárdenas Engel Kildee Davidson (OH) Long
Taylor celebrated for his commitment to
Carson (IN) Escobar Kilmer Davis, Rodney Loudermilk
Thompson (PA)
Cartwright Eshoo Kim DesJarlais Lucas
Thornberry
fighting for those in need, particularly
Case Espaillat Kind Diaz-Balart Luetkemeyer America’s children.
Timmons
Casten (IL) Evans Krishnamoorthi Duncan Marshall
Castor (FL) Finkenauer Kuster (NH) Dunn Massie Tipton He fought relentlessly to improve our
Castro (TX) Fletcher Lamb Emmer Mast Turner children’s access to quality education,
Upton
Chu, Judy Foster Langevin Estes McCarthy
Van Drew
to protect clean air for them to breathe
Cicilline Frankel Larsen (WA) Ferguson McCaul and clean water for them to drink, and
Cisneros Fudge Larson (CT) Fitzpatrick McClintock Wagner
Clark (MA) Gallego Lawrence Fleischmann McHenry Walberg to leave them a more peaceful world.
Walden Pete leaves behind a legacy that will
SSpencer on DSKBBXCHB2PROD with HOUSE
Clarke (NY) Garamendi Lawson (FL) Flores McKinley
Clay Garcı́a (IL) Lee (CA) Fortenberry Meadows Walker
Walorski
inspire generations of future law-
Clyburn Garcia (TX) Lee (NV) Foxx (NC) Meuser
Cohen Golden Levin (CA) Fulcher Miller Waltz makers, and he leaves behind a wonder-
Connolly Gomez Levin (MI) Gallagher Mitchell Watkins ful family, whom he adored, who are
Cooper Gonzalez (TX) Lieu, Ted Gianforte Moolenaar Weber (TX) with us tonight.
Correa Gottheimer Lipinski Gibbs Mooney (WV) Wenstrup
Westerman
May it give comfort to his wife,
Costa Green, Al (TX) Loebsack Gohmert Mullin
Courtney Grijalva Lofgren Gonzalez (OH) Murphy (NC) Williams Deborah; his children, Jeffrey, Bea-
Cox (CA) Haaland Lowenthal Gooden Newhouse Wilson (SC) trice, Thekla, Sarah, Fish, also known
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