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Home Source documents Congressional Record, House, March 9, 2021 — H.R. 842 Protecting the Right to Organize Act of 2021

Congressional Record, House, March 9, 2021 — H.R. 842 Protecting the Right to Organize Act of 2021

Summary

This is H1134 of the Congressional Record, House, March 9, 2021, with interleaved columns beginning with a communication from the Clerk of the House that the Senate passed H.R. 1319 with an amendment. The page then prints the table of contents and text of H.R. 842, the Protecting the Right to Organize Act of 2021, including Title I, amendments to the National Labor Relations Act. The printed provisions include a definition of joint employer and provisions that would make it an unfair labor practice to permanently replace an employee who participates in a strike.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Congressional Record, House, March 9, 2021 — H.R. 842 Protecting the Right to Organize Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-09-crec-2021-03-09-pt1-pgh1134-2-0d325d74ac/, SHA-256 751172bb2d60ddd8b207bd02de284d07e7acf9cdf7ead7355b54f746ebde6272.

Full text

                                            H1134                                             CONGRESSIONAL RECORD — HOUSE                                                              March 9, 2021
                                                COMMUNICATION FROM THE                              Sec. 302. Authorization of appropriations.                ‘‘(A) to permanently replace an employee who
                                                   CLERK OF THE HOUSE                               Sec. 303. Rule of Construction.                        participates in a strike as defined by section
                                                                                                    TITLE I—AMENDMENTS TO THE NATIONAL                     501(2) of the Labor Management Relations Act,
                                              The SPEAKER pro tempore laid be-                                                                             1947 (29 U.S.C. 142(2));
                                                                                                               LABOR RELATIONS ACT
                                            fore the House the following commu-                                                                               ‘‘(B) to discriminate against an employee who
                                                                                                    SEC. 101. DEFINITIONS.
                                            nication from the Clerk of the House of                                                                        is working or has unconditionally offered to re-
                                                                                                      (a) JOINT EMPLOYER.—Section 2(2) of the Na-          turn to work for the employer because the em-
                                            Representatives:
                                                                                                    tional Labor Relations Act (29 U.S.C. 152(2)) is       ployee supported or participated in such a
                                                           OFFICE OF THE CLERK,                     amended by adding at the end the following:
                                                        HOUSE OF REPRESENTATIVES,                                                                          strike; or
                                                                                                    ‘‘Two or more persons shall be employers with             ‘‘(C) to lockout, suspend, or otherwise withold
                                                          Washington, DC, March 9, 2021.            respect to an employee if each such person co-
                                            Hon. NANCY PELOSI,                                                                                             employment from employees in order to influ-
                                                                                                    determines or shares control over the employee’s       ence the position of such employees or the rep-
                                            The Speaker, House of Representatives,                  essential terms and conditions of employment.
                                            Washington, DC.                                                                                                resentative of such employees in collective bar-
                                                                                                    In determining whether such control exists, the        gaining prior to a strike; and
                                              DEAR MADAM SPEAKER: Pursuant to the                   Board or a court of competent jurisdiction shall
                                            permission granted in Clause 2(h) of Rule II                                                                      ‘‘(7) to communicate or misrepresent to an em-
                                                                                                    consider as relevant direct control and indirect       ployee under section 2(3) that such employee is
                                            of the Rules of the U.S. House of Representa-           control over such terms and conditions, reserved
                                            tives, the Clerk received the following mes-                                                                   excluded from the definition of employee under
                                                                                                    authority to control such terms and conditions,        section 2(3).’’;
                                            sage from the Secretary of the Senate on                and control over such terms and conditions ex-
                                            March 9, 2021, at 9:49 a.m.:                                                                                      (2) in subsection (b)—
                                                                                                    ercised by a person in fact: Provided, That               (A) by striking paragraphs (4) and (7);
                                              That the Senate passed with an amend-                 nothing herein precludes a finding that indirect
                                            ment H.R. 1319.                                                                                                   (B) by redesignating paragraphs (5) and (6) as
                                                                                                    or reserved control standing alone can be suffi-       paragraphs (4) and (5), respectively;
                                              With best wishes, I am,
                                                                                                    cient given specific facts and circumstances.’’.          (C) in paragraph (4), as so redesignated, by
                                                  Sincerely,
                                                                                                      (b) EMPLOYEE.—Section 2(3) of the National           striking ‘‘affected;’’ and inserting ‘‘affected;
                                                                  ROBERT F. REEVES,                 Labor Relations Act (29 U.S.C. 152(3)) is amend-
                                                                           Deputy Clerk.                                                                   and’’; and
                                                                                                    ed by adding at the end the following: ‘‘An indi-         (D) in paragraph (5), as so redesignated, by
                                                            f                                       vidual performing any service shall be consid-         striking ‘‘; and’’ and inserting a period;
                                                 PROTECTING THE RIGHT TO                            ered an employee (except as provided in the pre-          (3) in subsection (c), by striking the period at
                                                                                                    vious sentence) and not an independent con-            the end and inserting the following: ‘‘: Pro-
                                                   ORGANIZE ACT OF 2021                             tractor, unless—                                       vided, That it shall be an unfair labor practice
                                              Mr. SCOTT of Virginia. Mr. Speaker,                     ‘‘(A) the individual is free from control and        under subsection (a)(1) for any employer to re-
                                            pursuant to House Resolution 188, I                     direction in connection with the performance of        quire or coerce an employee to attend or partici-
                                            call up the bill (H.R. 842) to amend the                the service, both under the contract for the per-      pate in such employer’s campaign activities un-
                                            National Labor Relations Act, the                       formance of service and in fact;                       related to the employee’s job duties, including
                                                                                                      ‘‘(B) the service is performed outside the usual     activities that are subject to the requirements
                                            Labor Management Relations Act, 1947,                   course of the business of the employer; and            under section 203(b) of the Labor-Management
                                            and the Labor-Management Reporting                        ‘‘(C) the individual is customarily engaged in       Reporting and Disclosure Act of 1959 (29 U.S.C.
                                            and Disclosure Act of 1959, and for                     an independently established trade, occupation,        433(b)).’’;
                                            other purposes, and ask for its imme-                   profession, or business of the same nature as             (4) in subsection (d)—
                                            diate consideration.                                    that involved in the service performed.’’.                (A) by redesignating paragraphs (1) through
                                              The Clerk read the title of the bill.                   (c) SUPERVISOR.—Section 2(11) of the National        (4) as subparagraphs (A) through (D), respec-
                                              The SPEAKER pro tempore. Pursu-                       Labor Relations Act (29 U.S.C. 152(11)) is             tively;
                                            ant to House Resolution 188, the                        amended—                                                  (B) by striking ‘‘For the purposes of this sec-
                                            amendment printed in part A of House                      (1) by inserting ‘‘and for a majority of the in-     tion’’ and inserting ‘‘(1) For purposes of this
                                                                                                    dividual’s worktime’’ after ‘‘interest of the em-      section’’;
                                            Report 117–10 is adopted, and the bill,                 ployer’’;                                                 (C) by inserting ‘‘and to maintain current
                                            as amended, is considered read.                           (2) by striking ‘‘assign,’’; and                     wages, hours, and terms and conditions of em-
                                              The text of the bill, as amended, is as                 (3) by striking ‘‘or responsibly to direct           ployment pending an agreement’’ after ‘‘arising
                                            follows:                                                them,’’.                                               thereunder’’;
                                                                H.R. 842                            SEC. 102. REPORTS.                                        (D) by inserting ‘‘: Provided, That an employ-
                                              Be it enacted by the Senate and House of Rep-            Section 3(c) of the National Labor Relations        er’s duty to collectively bargain shall continue
                                            resentatives of the United States of America in         Act is amended—                                        absent decertification of the labor organization
                                            Congress assembled,                                        (1) by striking ‘‘The Board’’ and inserting         following an election conducted pursuant to sec-
                                            SECTION 1. SHORT TITLE; TABLE OF CONTENTS.              ‘‘(1) The Board’’; and                                 tion 9’’ after ‘‘making of a concession:’’;
                                              (a) SHORT TITLE.—This Act may be cited as                (2) by adding at the end the following:                (E) by inserting ‘‘further’’ before ‘‘, That
                                            the ‘‘Protecting the Right to Organize Act of              ‘‘(2) Effective January 1, 2023, section 3003 of    where there is in effect’’;
                                            2021’’.                                                 the Federal Reports Elimination and Sunset Act            (F) by striking ‘‘The duties imposed’’ and in-
                                              (b) TABLE OF CONTENTS.—The table of con-              of 1995 (Public Law 166–44; 31 U.S.C. 1113 note)       serting ‘‘(2) The duties imposed’’;
                                            tents for this Act is as follows:                       shall not apply with respect to reports required          (G) by striking ‘‘by paragraphs (2), (3), and
                                            Sec. 1. Short title; table of contents.                 under this subsection.                                 (4)’’ and inserting ‘‘by subparagraphs (B), (C),
                                                                                                       ‘‘(3) Each report issued under this subsection      and (D) of paragraph (1)’’;
                                            TITLE I—AMENDMENTS TO THE NATIONAL
                                                                                                    shall—                                                    (H) by striking ‘‘section 8(d)(1)’’ and inserting
                                                        LABOR RELATIONS ACT
                                                                                                       ‘‘(A) include no less detail than reports issued    ‘‘paragraph (1)(A)’’;
                                            Sec. 101. Definitions.                                                                                            (I) by striking ‘‘section 8(d)(3)’’ and inserting
                                            Sec. 102. Reports.                                      by the Board prior to the termination of such re-
                                                                                                    ports under section 3003 of the Federal Reports        ‘‘paragraph (1)(C)’’ in each place it appears;
                                            Sec. 103. Appointment.                                                                                            (J) by striking ‘‘section 8(d)(4)’’ and inserting
                                            Sec. 104. Unfair labor practices.                       Elimination and Sunset Act of 1995 (Public Law
                                                                                                    166–44; 31 U.S.C. 1113 note);                          ‘‘paragraph (1)(D)’’; and
                                            Sec. 105. Representatives and elections.
                                                                                                       ‘‘(B) list each case in which the Designated           (K) by adding at the end the following:
                                            Sec. 106. Damages for unfair labor practices.
                                            Sec. 107. Enforcing compliance with orders of                                                                     ‘‘(3) Whenever collective bargaining is for the
                                                                                                    Agency Ethics Official provided advice regard-
                                                           the board.                                                                                      purpose of establishing an initial collective bar-
                                                                                                    ing whether a Member should be recused from
                                            Sec. 108. Injunctions against unfair labor prac-                                                               gaining agreement following certification or rec-
                                                                                                    participating in a case or rulemaking; and
                                                           tices involving discharge or other                                                              ognition of a labor organization, the following
                                                                                                       ‘‘(C) list each case in which the Designated
                                                           serious economic harm.                                                                          shall apply:
                                                                                                    Agency Ethics Official determined that a Mem-
                                            Sec. 109. Penalties.                                                                                              ‘‘(A) Not later than 10 days after receiving a
                                                                                                    ber should be recused from participating in a
                                            Sec. 110. Limitations on the right to strike.                                                                  written request for collective bargaining from an
                                                                                                    case or rulemaking.’’.
                                            Sec. 111. Fair share agreements permitted.                                                                     individual or labor organization that has been
                                                                                                    SEC. 103. APPOINTMENT.
                                            TITLE II—AMENDMENTS TO THE LABOR                                                                               newly recognized or certified as a representative
                                                                                                      Section 4(a) of the National Labor Relations         as defined in section 9(a), or within such further
                                              MANAGEMENT RELATIONS ACT, 1947 AND                    Act (29 U.S.C. 154(a)) is amended by striking ‘‘,
                                              THE LABOR-MANAGEMENT REPORTING                                                                               period as the parties agree upon, the parties
                                                                                                    or for economic analysis’’.                            shall meet and commence to bargain collectively
                                              AND DISCLOSURE ACT OF 1959                            SEC. 104. UNFAIR LABOR PRACTICES.                      and shall make every reasonable effort to con-
                                            Sec. 201. Conforming amendments to the Labor




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                                                                                                      Section 8 of the National Labor Relations Act        clude and sign a collective bargaining agree-
                                                           Management Relations Act, 1947.          (29 U.S.C. 158) is amended—                            ment.
                                            Sec. 202. Amendments to the Labor-Manage-                 (1) in subsection (a)—                                  ‘‘(B) If after the expiration of the 90-day pe-
                                                           ment Reporting and Disclosure              (A) in paragraph (5), by striking the period         riod beginning on the date on which bargaining
                                                           Act of 1959.                             and inserting ‘‘;’’; and                               is commenced, or such additional period as the
                                                     TITLE III—OTHER MATTERS                          (B) by adding at the end the following:              parties may agree upon, the parties have failed
                                            Sec. 301. Severability.                                   ‘‘(6) to promise, threaten, or take any action—      to reach an agreement, either party may notify




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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                         H1135
                                            the Federal Mediation and Conciliation Service          form and text of such notice. The Board shall             (D) by inserting after paragraph (3) the fol-
                                            of the existence of a dispute and request medi-         promulgate regulations requiring employers to          lowing:
                                            ation. Whenever such a request is received, it          notify each new employee of the information               ‘‘(4) If the Board finds that, in an election
                                            shall be the duty of the Service promptly to put        contained in the notice described in the pre-          under paragraph (1), a majority of the valid
                                            itself in communication with the parties and to         ceding two sentences.                                  votes cast in a unit appropriate for purposes of
                                            use its best efforts, by mediation and concilia-           ‘‘(2) Whenever the Board directs an election        collective bargaining have been cast in favor of
                                            tion, to bring them to agreement.                       under section 9(c) or approves an election agree-      representation by the labor organization, the
                                               ‘‘(C) If after the expiration of the 30-day pe-      ment, the employer of employees in the bar-            Board shall certify the labor organization as the
                                            riod beginning on the date on which the request         gaining unit shall, not later than 2 business          representative of the employees in such unit and
                                            for mediation is made under subparagraph (B),           days after the Board directs such election or ap-      shall issue an order requiring the employer of
                                            or such additional period as the parties may            proves such election agreement, provide a voter        such employees to collectively bargain with the
                                            agree upon, the Service is not able to bring the        list to a labor organization that has petitioned       labor organization in accordance with section
                                            parties to agreement by conciliation, the Service       to represent such employees. Such voter list           8(d). This order shall be deemed an order under
                                            shall refer the dispute to a tripartite arbitration     shall include the names of all employees in the        section 10(c) of this Act, without need for a de-
                                            panel established in accordance with such regu-         bargaining unit and such employees’ home ad-           termination of an unfair labor practice.
                                            lations as may be prescribed by the Service, with       dresses, work locations, shifts, job classifica-          ‘‘(5)(A) If the Board finds that, in an election
                                            one member selected by the labor organization,          tions, and, if available to the employer, personal     under paragraph (1), a majority of the valid
                                            one member selected by the employer, and one            landline and mobile telephone numbers, and             votes cast in a unit appropriate for purposes of
                                            neutral member mutually agreed to by the par-           work and personal email addresses; the voter list      collective bargaining have not been cast in favor
                                            ties. The labor organization and employer must          must be provided in a searchable electronic for-       of representation by the labor organization, the
                                            each select the members of the tripartite arbitra-      mat generally approved by the Board unless the         Board shall certify the results of the election,
                                            tion panel within 14 days of the Service’s refer-       employer certifies that the employer does not          subject to subparagraphs (B) and (C).
                                            ral; if the labor organization or employer fail to      possess the capacity to produce the list in the           ‘‘(B) In any case in which a majority of the
                                            do so, the Service shall designate any members          required form. Not later than 9 months after the       valid votes cast in a unit appropriate for pur-
                                            not selected by the labor organization or the em-       date of enactment of the Protecting the Right to       poses of collective bargaining have not been cast
                                            ployer. A majority of the tripartite arbitration        Organize Act of 2021, the Board shall promul-          in favor of representation by the labor organiza-
                                            panel shall render a decision settling the dispute      gate regulations implementing the requirements         tion and the Board determines, following a post-
                                            and such decision shall be binding upon the             of this paragraph.                                     election hearing, that the employer has com-
                                            parties for a period of 2 years, unless amended            ‘‘(i) The rights of an employee under section 7     mitted a violation of this Act or otherwise inter-
                                            during such period by written consent of the            include the right to use electronic communica-         fered with a fair election, and the employer has
                                            parties. Such decision shall be based on—               tion devices and systems (including computers,         not demonstrated that the violation or other in-
                                               ‘‘(i) the employer’s financial status and pros-      laptops, tablets, internet access, email, cellular     terference is unlikely to have affected the out-
                                            pects;                                                  telephones, or other company equipment) of the         come of the election, the Board shall, without
                                               ‘‘(ii) the size and type of the employer’s oper-     employer of such employee to engage in activi-         ordering a new election, set aside the election
                                            ations and business;                                    ties protected under section 7 if such employer        and certify the labor organization as the rep-
                                               ‘‘(iii) the employees’ cost of living;               has given such employee access to such devices         resentative of the employees in such unit and
                                               ‘‘(iv) the employees’ ability to sustain them-       and systems in the course of the work of such          issue an order requiring the employer to bargain
                                            selves, their families, and their dependents on         employee, absent a compelling business ration-         with the labor organization in accordance with
                                            the wages and benefits they earn from the em-           ale for denying or limiting such use.’’.               section 8(d) if, at any time during the period be-
                                            ployer; and                                             SEC. 105. REPRESENTATIVES AND ELECTIONS.               ginning 1 year preceding the date of the com-
                                               ‘‘(v) the wages and benefits other employers in         Section 9 of the National Labor Relations Act       mencement of the election and ending on the
                                            the same business provide their employees.’’;           (29 U.S.C. 159) is amended—                            date upon which the Board makes the deter-
                                               (5) by amending subsection (e) to read as fol-          (1) in subsection (c)—                              mination of a violation or other interference, a
                                            lows:                                                      (A) by amending paragraph (1) to read as fol-       majority of the employees in the bargaining unit
                                               ‘‘(e) Notwithstanding chapter 1 of title 9,          lows:                                                  have signed authorizations designating the
                                            United States Code (commonly known as the                  ‘‘(1) Whenever a petition shall have been           labor organization as their collective bargaining
                                            ‘Federal Arbitration Act’), or any other provi-         filed, in accordance with such regulations as          representative.
                                            sion of law, it shall be an unfair labor practice       may be prescribed by the Board, by an employee            ‘‘(C) In any case where the Board determines
                                            under subsection (a)(1) for any employer—               or group of employees or any individual or labor       that an election under this paragraph should be
                                               ‘‘(1) to enter into or attempt to enforce any        organization acting in their behalf alleging that      set aside, the Board shall direct a new election
                                            agreement, express or implied, whereby prior to         a substantial number of employees (i) wish to be       with appropriate additional safeguards nec-
                                            a dispute to which the agreement applies, an            represented for collective bargaining and that         essary to ensure a fair election process, except
                                            employee undertakes or promises not to pursue,          their employer declines to recognize their rep-        in cases where the Board issues a bargaining
                                            bring, join, litigate, or support any kind of           resentative as the representative defined in sec-      order under subparagraph (B).’’; and
                                            joint, class, or collective claim arising from or       tion 9(a), or (ii) assert that the individual or          (E) by inserting after paragraph (7), as so re-
                                            relating to the employment of such employee in          labor organization, which has been certified or        designated, the following:
                                            any forum that, but for such agreement, is of           is being recognized by their employer as the bar-         ‘‘(8)    Except   under     extraordinary     cir-
                                            competent jurisdiction;                                 gaining representative, is no longer a represent-      cumstances—
                                               ‘‘(2) to coerce an employee into undertaking         ative as defined in section 9(a), the Board shall         ‘‘(A) a pre-election hearing under this sub-
                                            or promising not to pursue, bring, join, litigate,      investigate such petition and if it has reason-        section shall begin not later than 8 days after a
                                            or support any kind of joint, class, or collective      able cause to believe that a question of represen-     notice of such hearing is served on the labor or-
                                            claim arising from or relating to the employment        tation affecting commerce exists shall provide         ganization and shall continue from day to day
                                            of such employee; or                                    for an appropriate hearing upon due notice.            until completed;
                                               ‘‘(3) to retaliate or threaten to retaliate          Such hearing may be conducted by an officer or            ‘‘(B) a regional director shall transmit the no-
                                            against an employee for refusing to undertake           employee of the regional office, who shall not         tice of election at the same time as the direction
                                            or promise not to pursue, bring, join, litigate, or     make any recommendations with respect there-           of election, and shall transmit such notice and
                                            support any kind of joint, class, or collective         to. If the Board finds upon the record of such         such direction electronically (including trans-
                                            claim arising from or relating to the employment        hearing that such a question of representation         mission by email or facsimile) or by overnight
                                            of such employee: Provided, That any agree-             exists, it shall direct an election by secret ballot   mail if electronic transmission is unavailable;
                                            ment that violates this subsection or results from      and shall certify the results thereof. The Board          ‘‘(C) not later than 2 days after the service of
                                            a violation of this subsection shall be to such ex-     shall find the labor organization’s proposed unit      the notice of hearing, the employer shall—
                                            tent unenforceable and void: Provided further,          to be appropriate if the employees in the pro-            ‘‘(i) post the Notice of Petition for Election in
                                            That this subsection shall not apply to any             posed unit share a community of interest, and if       conspicuous places, including all places where
                                            agreement embodied in or expressly permitted by         the employees outside the unit do not share an         notices to employees are customarily posted;
                                            a contract between an employer and a labor or-          overwhelming community of interest with em-               ‘‘(ii) if the employer customarily commu-
                                            ganization.’’;                                          ployees inside. At the request of the labor orga-      nicates with employees electronically, distribute
                                               (6) in subsection (g), by striking ‘‘clause (B) of   nization, the Board shall direct that the election     such Notice electronically; and
                                            the last sentence of section 8(d) of this Act’’ and     be conducted through certified mail, electroni-           ‘‘(iii) maintain such posting until the petition
                                            inserting ‘‘subsection (d)(2)(B)’’; and                 cally, at the work location, or at a location          is dismissed or withdrawn or the Notice of Peti-
                                               (7) by adding at the end the following:              other than one owned or controlled by the em-          tion for Election is replaced by the Notice of
                                               ‘‘(h)(1) The Board shall promulgate regula-          ployer. No employer shall have standing as a           Election;




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                                            tions requiring each employer to post and main-         party or to intervene in any representation pro-          ‘‘(D) regional directors shall schedule elec-
                                            tain, in conspicuous places where notices to em-        ceeding under this section.’’;                         tions for the earliest date practicable, but not
                                            ployees and applicants for employment are cus-             (B) in paragraph (3), by striking ‘‘an eco-         later than the 20th business day after the direc-
                                            tomarily posted both physically and electroni-          nomic strike who are not entitled to reinstate-        tion of election; and
                                            cally, a notice setting forth the rights and pro-       ment’’ and inserting ‘‘a strike’’;                        ‘‘(E) a post-election hearing under this sub-
                                            tections afforded employees under this Act. The            (C) by redesignating paragraphs (4) and (5) as      section shall begin not later than 14 days after
                                            Board shall make available to the public the            paragraphs (6) and (7), respectively;                  the filing of objections, if any.’’;




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                                            H1136                                             CONGRESSIONAL RECORD — HOUSE                                                              March 9, 2021
                                               (2) in subsection (d), by striking ‘‘(e) or’’ and    the Board a civil penalty of not more than             SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR
                                            inserting ‘‘(d) or’’; and                               $10,000 for each violation, which shall accrue to                  PRACTICES INVOLVING DISCHARGE
                                               (3) by adding at the end the following:              the United States and may be recovered in a                        OR OTHER SERIOUS ECONOMIC
                                               ‘‘(f) The Board shall dismiss any petition for                                                                          HARM.
                                                                                                    civil action brought by the Board to the district
                                            an election with respect to a bargaining unit or        court of the United States in which the unfair            Section 10 of the National Labor Relations Act
                                            any subdivision if, during the 12-month period          labor practice or other subject of the order oc-       (29 U.S.C. 160) is amended—
                                            ending on the date on which the petition is             curred, or in which such person or entity resides         (1) in subsection (j)—
                                            filed—                                                  or transacts business. No action by the Board             (A) by striking ‘‘The Board’’ and inserting
                                               ‘‘(1) the employer has recognized a labor orga-      under this paragraph may be made until 30 days         ‘‘(1) The Board’’; and
                                            nization without an election and in accordance          following the issuance of an order. Each sepa-            (B) by adding at the end the following:
                                            with this Act;                                                                                                    ‘‘(2) Notwithstanding subsection (m), when-
                                                                                                    rate violation of such an order shall be a sepa-
                                               ‘‘(2) the labor organization and employer en-                                                               ever it is charged that an employer has engaged
                                                                                                    rate offense, except that, in the case of a viola-
                                            gaged in their first bargaining session following       tion in which a person fails to obey or neglects       in an unfair labor practice within the meaning
                                            the issuance of a bargaining order by the Board;        to obey a final order of the Board, each day           of paragraph (1), (3) or (4) of section 8(a) that
                                            or                                                      such failure or neglect continues shall be             significantly interferes with, restrains, or co-
                                               ‘‘(3) the labor organization and successor em-       deemed a separate offense.                             erces employees in the exercise of the rights
                                            ployer engaged in their first bargaining session           ‘‘(3) If, after having provided a person or enti-   guaranteed under section 7, or involves dis-
                                            following a succession.                                 ty with notice and an opportunity to be heard          charge or other serious economic harm to an em-
                                               ‘‘(g) The Board shall dismiss any petition for       regarding a civil action under subparagraph (2)        ployee, the preliminary investigation of such
                                            an election with respect to a bargaining unit or        for the enforcement of an order, the court deter-      charge shall be made forthwith and given pri-
                                            any subdivision if there is in effect a lawful          mines that the order was regularly made and            ority over all other cases except cases of like
                                            written collective bargaining agreement between         duly served, and that the person or entity is in       character in the office where it is filed or to
                                            the employer and an exclusive representative            disobedience of the same, the court shall enforce      which it is referred. If, after such investigation,
                                            covering any employees in the unit specified in         obedience to such order by an injunction or            the officer or regional attorney to whom the
                                            the petition, unless the petition is filed—             other proper process, mandatory or otherwise,          matter may be referred has reasonable cause to
                                               ‘‘(1) on or after the date that is 3 years after     to—                                                    believe such charge is true and that a complaint
                                            the date on which the collective bargaining                ‘‘(A) restrain such person or entity or the offi-   should issue, such officer or attorney shall bring
                                            agreement took effect; or                               cers, agents, or representatives of such person or     a petition for appropriate temporary relief or re-
                                               ‘‘(2) during the 30-day period beginning on          entity, from further disobedience to such order;       straining order as set forth in paragraph (1).
                                            the date that is 90 days before the date that is        or                                                     The district court shall grant the relief re-
                                            3 years after the date on which the collective             ‘‘(B) enjoin such person or entity, officers,       quested unless the court concludes that there is
                                            bargaining agreement took effect.                       agents, or representatives to obedience to the         no reasonable likelihood that the Board will
                                               ‘‘(h) The Board shall suspend the processing         same.’’;                                               succeed on the merits of the Board’s claim.’’;
                                            of any petition for an election with respect to a          (4) in subsection (f)—                              and
                                            bargaining unit or any subdivision if a labor or-          (A) by striking ‘‘proceed in the same manner           (2) by repealing subsections (k) and (l).
                                            ganization files an unfair labor practice charge        as in the case of an application by the Board          SEC. 109. PENALTIES.
                                            alleging a violation of section 8(a) and request-       under subsection (e) of this section,’’ and insert-
                                                                                                                                                             (a) IN GENERAL.—Section 12 of the National
                                            ing the suspension of a pending petition until          ing ‘‘proceed as provided under paragraph (2) of
                                                                                                                                                           Labor Relations Act (29 U.S.C. 162) is amend-
                                            the unlawful conduct, if any, is remedied or the        this subsection’’;
                                                                                                       (B) by striking ‘‘Any’’ and inserting the fol-      ed—
                                            charge is dismissed unless the Board determines                                                                  (1) by striking ‘‘SEC. 12. Any person’’ and in-
                                                                                                    lowing: ‘‘
                                            that employees can, under the circumstances,               ‘‘(1) Within 30 days of the issuance of an          serting the following:
                                            exercise free choice in an election despite the         order, any’’; and                                      ‘‘SEC. 12. PENALTIES.
                                            unlawful conduct alleged in the charge.’’.                 (C) by adding at the end the following:                ‘‘(a) VIOLATIONS FOR INTERFERENCE          WITH
                                            SEC. 106. DAMAGES FOR UNFAIR LABOR PRAC-                   ‘‘(2) No objection that has not been urged be-      BOARD.—Any person’’; and
                                                       TICES.                                       fore the Board, its member, agent, or agency             (2) by adding at the end the following:
                                               Section 10(c) of the National Labor Relations        shall be considered by a court, unless the failure       ‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS
                                            Act (29 U.S.C. 160(c)) is amended by striking           or neglect to urge such objection shall be ex-         AND VOTER LIST.—If the Board, or any agent or
                                            ‘‘suffered by him’’ and inserting ‘‘suffered by         cused because of extraordinary circumstances.          agency designated by the Board for such pur-
                                            such employee: Provided further, That if the            The findings of the Board with respect to ques-        poses, determines that an employer has violated
                                            Board finds that an employer has discriminated          tions of fact if supported by substantial evidence     section 8(h) or regulations issued thereunder,
                                            against an employee in violation of paragraph           on the record considered as a whole shall be           the Board shall—
                                            (3) or (4) of section 8(a) or has committed a vio-      conclusive. If either party shall apply to the           ‘‘(1) state the findings of fact supporting such
                                            lation of section 8(a) that results in the dis-         court for leave to adduce additional evidence          determination;
                                            charge of an employee or other serious economic         and shall show to the satisfaction of the court          ‘‘(2) issue and cause to be served on such em-
                                            harm to an employee, the Board shall award the          that such additional evidence is material and          ployer an order requiring that such employer
                                            employee back pay without any reduction (in-            that there were reasonable grounds for the fail-       comply with section 8(h) or regulations issued
                                            cluding any reduction based on the employee’s           ure to adduce such evidence in the hearing be-         thereunder; and
                                            interim earnings or failure to earn interim earn-       fore the Board, its member, agent, or agency,            ‘‘(3) impose a civil penalty in an amount de-
                                            ings), front pay (when appropriate), consequen-         the court may order such additional evidence to        termined appropriate by the Board, except that
                                            tial damages, and an additional amount as liq-          be taken before the Board, its member, agent, or       in no case shall the amount of such penalty ex-
                                            uidated damages equal to two times the amount           agency, and to be made a part of the record.           ceed $500 for each such violation.
                                            of damages awarded: Provided further, no relief         The Board may modify its findings as to the              ‘‘(c) CIVIL PENALTIES FOR VIOLATIONS.—
                                            under this subsection shall be denied on the            facts, or make new findings, by reason of addi-          ‘‘(1) IN GENERAL.—Any employer who commits
                                            basis that the employee is, or was during the           tional evidence so taken and filed, and it shall       an unfair labor practice within the meaning of
                                            time of relevant employment or during the back          file such modified or new findings, which find-        section 8(a) shall, in addition to any remedy or-
                                            pay period, an unauthorized alien as defined in         ings with respect to questions of fact if sup-         dered by the Board, be subject to a civil penalty
                                            section 274A(h)(3) of the Immigration and Na-           ported by substantial evidence on the record           in an amount not to exceed $50,000 for each vio-
                                            tionality Act (8 U.S.C. 1324a(h)(3)) or any other       considered as a whole shall be conclusive, and         lation, except that, with respect to an unfair
                                            provision of Federal law relating to the unlaw-         shall file its recommendations, if any, for the        labor practice within the meaning of paragraph
                                            ful employment of aliens’’.                             modification or setting aside of its original          (3) or (4) of section 8(a) or a violation of section
                                            SEC. 107. ENFORCING COMPLIANCE WITH OR-                 order. Upon the filing of the record with it the       8(a) that results in the discharge of an employee
                                                       DERS OF THE BOARD.                           jurisdiction of the court shall be exclusive and       or other serious economic harm to an employee,
                                              (a) IN GENERAL.—Section 10 of the National            its judgment and decree shall be final, except         the Board shall double the amount of such pen-
                                            Labor Relations Act (29 U.S.C. 160) is further          that the same shall be subject to review by the        alty, to an amount not to exceed $100,000, in
                                            amended—                                                appropriate United States court of appeals if ap-      any case where the employer has within the pre-
                                              (1) by striking subsection (e);                       plication was made to the district court, and by       ceding 5 years committed another such viola-
                                              (2) by redesignating subsection (d) as sub-           the Supreme Court of the United States upon            tion.
                                            section (e);                                            writ of certiorari or certification as provided in       ‘‘(2) CONSIDERATIONS.—In determining the
                                              (3) by inserting after subsection (c) the fol-        section 1254 of title 28, United States Code.’’;       amount of any civil penalty under this sub-
                                            lowing:                                                 and                                                    section, the Board shall consider—
                                              ‘‘(d)(1) Each order of the Board shall take ef-          (5) in subsection (g), by striking ‘‘subsection       ‘‘(A) the gravity of the unfair labor practice;




dlhill on DSK120RN23PROD with HOUSE
                                            fect upon issuance of such order, unless other-         (e) or (f) of this section’’ and inserting ‘‘sub-        ‘‘(B) the impact of the unfair labor practice
                                            wise directed by the Board, and shall remain in         section (d) or (f)’’.                                  on the charging party, on other persons seeking
                                            effect unless modified by the Board or unless a            (b) CONFORMING AMENDMENT.—Section 18 of             to exercise rights guaranteed by this Act, and on
                                            court of competent jurisdiction issues a super-         the National Labor Relations Act (29 U.S.C. 168)       the public interest; and
                                            seding order.                                           is amended by striking ‘‘ section 10(e) or (f)’’         ‘‘(C) the gross income of the employer.
                                              ‘‘(2) Any person who fails or neglects to obey        and inserting ‘‘subsection (d) or (f) of section         ‘‘(3) DIRECTOR AND OFFICER LIABILITY.—If the
                                            an order of the Board shall forfeit and pay to          10’’.                                                  Board determines, based on the particular facts




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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                 H1137
                                            and circumstances presented, that a director or         gaining, contract enforcement, and related ex-           There was no objection.
                                            officer’s personal liability is warranted, a civil      penditures as a condition of employment shall            Mr. SCOTT of Virginia. Mr. Speaker,
                                            penalty for a violation described in this sub-          be valid and enforceable notwithstanding any           I yield myself such time as I may con-
                                            section may also be assessed against any direc-         State or Territorial law.’’.                           sume.
                                            tor or officer of the employer who directed or          TITLE II—AMENDMENTS TO THE LABOR                         Mr. Speaker, I rise in support of H.R.
                                            committed the violation, had established a pol-           MANAGEMENT RELATIONS ACT, 1947
                                            icy that led to such a violation, or had actual or
                                                                                                                                                           842, the Protecting the Right to Orga-
                                                                                                      AND THE LABOR-MANAGEMENT REPORT-
                                            constructive knowledge of and the authority to            ING AND DISCLOSURE ACT OF 1959                       nize Act of 2021, or the PRO Act.
                                            prevent the violation and failed to prevent the                                                                  The American economy needs a
                                                                                                    SEC. 201. CONFORMING AMENDMENTS TO THE
                                            violation.                                                         LABOR MANAGEMENT RELATIONS                  strong middle class. Labor unions play
                                               ‘‘(d) RIGHT TO CIVIL ACTION.—                                   ACT, 1947.                                  an essential role in rebuilding our mid-
                                               ‘‘(1) IN GENERAL.—Any person who is injured            The Labor Management Relations Act, 1947 is          dle class and improving the lives of
                                            by reason of a violation of paragraph (1), (3), or      amended—                                               workers and their families. There is
                                            (4) of section 8(a) may, after 60 days following          (1) in section 213(a) (29 U.S.C. 183(a)), by
                                                                                                                                                           clear evidence that workers who orga-
                                            the filing of a charge with the Board alleging          striking ‘‘clause (A) of the last sentence of sec-
                                                                                                    tion 8(d) (which is required by clause (3) of such     nize a union have higher wages, better
                                            an unfair labor practice, bring a civil action in
                                            the appropriate district court of the United            section 8(d)), or within 10 days after the notice      benefits, and safer workplaces.
                                            States against the employer within 90 days after        under clause (B)’’ and inserting ‘‘section               Regrettably, union membership has
                                            the expiration of the 60-day period or the date         8(d)(2)(A) of the National Labor Relations Act         dropped over the last 50 years from
                                            the Board notifies the person that no complaint         (which is required by section 8(d)(1)(C) of such       nearly one-third of all workers in the
                                            shall issue, whichever occurs earlier, provided         Act), or within 10 days after the notice under         mid-20th century to just over 10 per-
                                            that the Board has not filed a petition under           section 8(d)(2)(B) of such Act’’; and                  cent of workers today. The decline of
                                            section 10(j) of this Act prior to the expiration of      (2) by repealing section 303 (29 U.S.C. 187).
                                                                                                    SEC. 202. AMENDMENTS TO THE LABOR-MANAGE-
                                                                                                                                                           unions and workers’ bargaining power
                                            the 60-day period. No relief under this sub-                                                                   are major reasons why income inequal-
                                                                                                                MENT REPORTING AND DISCLOSURE
                                            section shall be denied on the basis that the em-
                                                                                                                ACT OF 1959.                               ity has soared and wages have stag-
                                            ployee is, or was during the time of relevant em-
                                                                                                      Section 203(c) of the Labor-Management Re-           nated for hardworking people.
                                            ployment or during the back pay period, an un-
                                                                                                    porting and Disclosure Act of 1959 (29 U.S.C.            But this decline in union membership
                                            authorized alien as defined in section 274A(h)(3)
                                                                                                    433(c)) is amended by striking the period at the       is not a product of workers’ choices. A
                                            of the Immigration and Nationality Act (8
                                                                                                    end and inserting the following ‘‘: Provided,          recent survey by MIT found that near-
                                            U.S.C. 1324a(h)(3)) or any other provision of
                                                                                                    That this subsection shall not exempt from the
                                            Federal law relating to the unlawful employ-                                                                   ly half of nonunion workers say that
                                                                                                    requirements of this section any arrangement or
                                            ment of aliens.                                                                                                they would vote to join a union if given
                                                                                                    part of an arrangement in which a party agrees,
                                               ‘‘(2) AVAILABLE RELIEF.—Relief granted in an                                                                the opportunity.
                                                                                                    for an object described in subsection (b)(1), to
                                            action under paragraph (1) may include—                                                                          The gap between worker preferences
                                                                                                    plan or conduct employee meetings; train super-
                                               ‘‘(A) back pay without any reduction, includ-                                                               and union membership is the result of
                                                                                                    visors or employer representatives to conduct
                                            ing any reduction based on the employee’s in-
                                            terim earnings or failure to earn interim earn-
                                                                                                    meetings; coordinate or direct activities of super-    an 85-year-old labor law that lacks the
                                                                                                    visors or employer representatives; establish or       teeth to enforce workers’ rights when
                                            ings;
                                                                                                    facilitate employee committees; identify employ-       employers unlawfully retaliate against
                                               ‘‘(B) front pay (when appropriate);
                                                                                                    ees for disciplinary action, reward, or other tar-     them for organizing. The National
                                               ‘‘(C) consequential damages;
                                                                                                    geting; or draft or revise employer personnel
                                               ‘‘(D) an additional amount as liquidated dam-
                                                                                                    policies, speeches, presentations, or other writ-
                                                                                                                                                           Labor Relations Act, the NLRA, is far
                                            ages equal to two times the cumulative amount                                                                  too weak to defend workers against in-
                                            of damages awarded under subparagraphs (A)              ten, recorded, or electronic communications to
                                                                                                    be delivered or disseminated to employees.’’.          tensifying antiunion attacks from spe-
                                            through (C);
                                                                                                              TITLE III—OTHER MATTERS                      cial interests.
                                               ‘‘(E) in appropriate cases, punitive damages
                                                                                                    SEC. 301. SEVERABILITY.                                  That is why we must pass the PRO
                                            in accordance with paragraph (4); and
                                               ‘‘(F) any other relief authorized by section           If any provision of this Act or the application      Act. The legislation strengthens work-
                                            706(g) of the Civil Rights Act of 1964 (42 U.S.C.       thereof to any person or circumstance is held in-      ers’ rights by making significant up-
                                            2000e–5(g)) or by section 1977A(b) of the Revised       valid, the remainder of this Act, or the applica-      grades in the NLRA since it was en-
                                            Statutes (42 U.S.C. 1981a(b)).                          tion of that provision to persons or cir-              acted 85 years ago.
                                               ‘‘(3) ATTORNEY’S FEES.—In any civil action           cumstances other than those as to which it is            First, the PRO Act provides new
                                            under this subsection, the court may allow the          held invalid, is not affected thereby.                 tools    to    protect    workers    from
                                            prevailing party a reasonable attorney’s fee (in-       SEC. 302. AUTHORIZATION OF APPROPRIATIONS.             antiunion intimidation and retaliation.
                                            cluding expert fees) and other reasonable costs           There are authorized to be appropriated such
                                                                                                                                                           It then introduces meaningful pen-
                                            associated with maintaining the action.                 sums as may be necessary to carry out the provi-
                                               ‘‘(4) PUNITIVE DAMAGES.—In awarding puni-            sions of this Act and the amendments made by           alties for companies that violate work-
                                            tive damages under paragraph (2)(E), the court          this Act.                                              ers’ rights and closes loopholes they
                                            shall consider—                                         SEC. 303. RULE OF CONSTRUCTION.                        use to exploit workers.
                                               ‘‘(A) the gravity of the unfair labor practice;        The amendments made under this Act shall               Finally, the PRO Act strengthens
                                               ‘‘(B) the impact of the unfair labor practice        not be construed to amend section 274A of the          safeguards to ensure that workers can
                                            on the charging party, on other persons seeking         Immigration and Nationality Act (8 U.S.C.              hold free, fair, and safe union elections.
                                            to exercise rights guaranteed by this Act, and on       1324a).                                                  Mr. Speaker, it is time for Congress
                                            the public interest; and                                  The SPEAKER pro tempore. The bill,                   to stand up for workers and ensure that
                                               ‘‘(C) the gross income of the employer.’’.                                                                  they can exercise their right to join to-
                                                                                                    as amended, is debatable for 1 hour
                                               (b) CONFORMING AMENDMENTS.—Section 10(b)
                                            of the National Labor Relations Act (29 U.S.C.
                                                                                                    equally divided and controlled by the                  gether and negotiate for higher wages,
                                            160(b)) is amended—                                     chair and ranking minority member of                   better benefits, and a safe workplace. I
                                               (1) by striking ‘‘six months’’ and inserting         the Committee on Education and                         urge my colleagues to support the leg-
                                            ‘‘180 days’’; and                                       Labor.                                                 islation.
                                               (2) by striking ‘‘the six-month period’’ and in-       The gentleman from Virginia (Mr.                       Mr. Speaker, I reserve the balance of
                                            serting ‘‘the 180-day period’’.                         SCOTT) and the gentlewoman from                        my time.
                                            SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE.           North Carolina (Ms. FOXX) will each                      Ms. FOXX. Mr. Speaker, I yield my-
                                              Section 13 of the National Labor Relations Act        control 30 minutes.                                    self such time as I may consume.
                                            (29 U.S.C. 163) is amended by striking the period         The Chair recognizes the gentleman                     Mr. Speaker, I rise today in opposi-
                                            at the end and inserting the following: ‘‘: Pro-        from Virginia.                                         tion to the radical, partisan, and ut-
                                            vided, That the duration, scope, frequency, or                            GENERAL LEAVE                        terly shameful PRO Act.
                                            intermittence of any strike or strikes shall not          Mr. SCOTT of Virginia. Mr. Speaker,                    This unnecessary bill is an assault on
                                            render such strike or strikes unprotected or pro-                                                              American workers, employers, and the
                                            hibited.’’.
                                                                                                    I ask unanimous consent that all Mem-
                                                                                                    bers have 5 legislative days in which to               economy. Democrats are pushing this
                                            SEC. 111. FAIR SHARE AGREEMENTS PERMITTED.
                                                                                                    revise and extend their remarks and in-                sweeping legislation without holding a




dlhill on DSK120RN23PROD with HOUSE
                                              Section 14(b) of the National Labor Relations
                                            Act (29 U.S.C. 164(b)) is amended by striking the       clude extraneous material on H.R. 842,                 single committee hearing or markup.
                                            period at the end and inserting the following: ‘‘:      the Protecting the Right to Organize                     Is this the new standard for the peo-
                                            Provided, That collective bargaining agreements         Act of 2021.                                           ple’s House?
                                            providing that all employees in a bargaining              The SPEAKER pro tempore. Is there                      It silences the minority and their
                                            unit shall contribute fees to a labor organization      objection to the request of the gen-                   constituents by denying a thorough ex-
                                            for the cost of representation, collective bar-         tleman from Virginia?                                  amination of yet another extreme and



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                                            H1138                                             CONGRESSIONAL RECORD — HOUSE                                                        March 9, 2021
                                            damaging       Democrat        legislative                                             MARCH 8, 2021.          working conditions. For these reasons, we
                                            scheme. It is disgraceful.                                DEAR REPRESENTATIVE: As a coalition of               urge you to vote yes on the PRO Act. Thank
                                              The pro-union bosses’ act that Demo-                  some of the nation’s largest labor unions and          you for your consideration.
                                                                                                    environmental organizations, collectively                    Sincerely,
                                            crats have disingenuously titled the                    representing millions of members and sup-                BlueGreen Alliance, American Federation
                                            PRO Act is a left-wing wish list of                     porters, the BlueGreen Alliance and its part-          of Teachers, International Union of Brick-
                                            union boss priorities, which under-                     ners write to express our support for the Pro-         layers and Allied Craftworkers, Inter-
                                            mines the rights of workers by forcing                  tecting the Right to Organize (PRO) Act of             national Union of Painters and Allied
                                            them to pay into a union system,                        2021, H.R. 842.                                        Trades, League of Conservation Voters, Na-
                                            whether or not they want to be rep-                       In the United States, we face a critical             tional Wildlife Federation, Natural Re-
                                                                                                    juncture for the rights of employees to orga-          sources Defense Council, Service Employees
                                            resented by a union.                                    nize. Workers have faced wage stagnation,
                                              Many workers would not choose to                                                                             International Union, Sierra Club, United
                                                                                                    difficult working conditions, and a wholesale          Steelworkers Union, Utility Workers Union
                                            funnel billions of their hard-earned dol-               effort to decimate their ability to organize           of American.
                                            lars to left-wing groups like Planned                   for the past several decades. Exploitation by
                                            Parenthood, the Clinton Foundation,                     employers of labor laws that have been made
                                                                                                                                                             Ms. BONAMICI. Mr. Speaker, I urge
                                            the Progressive Democrats of America.                   toothless has caused union membership to               my colleagues to stand with workers
                                              This misguided bill also stunts eco-                  fall dramatically from 33 percent in 1956 to           and support this bill.
                                            nomic recovery by hitting employers                     ten percent in 2018. As it stands, no meaning-           Ms. FOXX. Mr. Speaker, I yield 3
                                            over the head with an estimated $47                     ful penalties exist for corporations using il-         minutes to the gentleman from Geor-
                                            billion in new annual costs. But it is
                                                                                                    legal tactics to eliminate the option to orga-         gia (Mr. ALLEN).
                                                                                                    nize. Workers, already facing record income              Mr. ALLEN. Mr. Speaker, my Demo-
                                            not just employers who will pay the                     inequality, now face job losses due to the im-         crat colleagues have, apparently, de-
                                            price. This bill will reclassify gig econ-              pacts of the COVID–19 pandemic. And we                 cided committee work doesn’t matter
                                            omy workers as employees, costing                       know the reality is that we went into this
                                                                                                                                                           for the 117th Congress because they,
                                            tens of thousands of workers their jobs                 pandemic with three ongoing interconnected
                                                                                                    crises: economic inequality, racial inequal-           once again, brought legislation to the
                                            and eliminating the flexibility so many
                                                                                                    ity, and climate change.                               House floor without first holding a sin-
                                            rely on to care for their family mem-
                                                                                                      Based on the National Bureau of Economic             gle committee hearing or markup.
                                            bers; a priority even more critical dur-                Research’s statistics, we know that unions
                                            ing the COVID–19 pandemic.                              consistently provide working Americans
                                                                                                                                                                             b 1245
                                              The appalling list of bad policy provi-               with ten to twenty percent higher wages                  As the Republican leader of the
                                            sions in this bill goes on, and we will                 than non-unionized workers. Workers who                Health, Employment, Labor, and Pen-
                                            hear more about them during this de-                    are union members fare better in crises—               sions Subcommittee, I would have wel-
                                            bate. The bottom line is this, the PRO                  whether the crisis is COVID–19 or climate              comed the opportunity to debate and
                                            Act is a sorry excuse for legislation,                  change. During crises, unionized workers               amend this flawed legislation in com-
                                            and the partisan process under which it                 have better access to enhanced safety meas-
                                                                                                    ures, unemployment insurance, additional
                                                                                                                                                           mittee.
                                            is being considered is equally embar-                                                                            H.R. 842, also known as the PRO Act,
                                                                                                    pay, paid sick time, and input in the terms
                                            rassing. I urge all Members to reject                   of furloughs or other job-saving arrange-              is a radical proposal aimed at appeas-
                                            the PRO Act.                                            ments. Empowering workers, whether they                ing big union bosses who fund the far
                                              Mr. Speaker, I reserve the balance of                 are in the private sector or in the public sec-        left’s political agenda. From 2010 to
                                            my time.                                                tor, to band together to negotiate better              2018, unions sent more than $1.6 billion
                                              Mr. SCOTT of Virginia. Mr. Speaker,                   wages and safer working conditions is the              in member dues to hundreds of left-
                                            I yield 1 minute to the gentlewoman                     best path forward to protecting our workers            wing groups like Planned Parenthood,
                                            from Oregon (Ms. BONAMICI), the chair                   and rebuilding America’s middle class.
                                                                                                      Organizing does not just affect job quality,         the Clinton Foundation, and the Pro-
                                            of the Subcommittee on Civil Rights                                                                            gressive Democrats of America, instead
                                                                                                    though: unionized workers are better
                                            and Human Services.                                     equipped to handle potentially hazardous               of spending that money on worker rep-
                                              Ms. BONAMICI. Mr. Speaker, I rise in                  workplace situations, and have more free-              resentation.
                                            strong support of the Protecting the                    dom to blow the whistle in dangerous situa-              That is right. Union leaders are lin-
                                            Right to Organize Act.                                  tions. This can avert industrial accidents             ing their pockets and their friends’
                                              The COVID–19 pandemic has high-                       and result in safer communities, as well as            pockets with the dues workers are
                                            lighted the urgent need for workers to                  cleaner air and water. Many unions also take           forced to pay. No worker should be
                                            have the right to negotiate for better                  firm positions on environmental issues be-
                                                                                                                                                           forced to participate in union activity
                                            wages, stronger benefits, and safer                     cause they understand the impact that clean
                                                                                                    air and water have on workers. Unions have             or pay for representation they do not
                                            working conditions.                                     supported the Clean Air Act, the Clean                 agree with. That is un-American. But
                                              To keep our communities going,                        Water Act, and other actions designed to               the pro-union bosses act would over-
                                            nurses, grocery store workers, fire-                    both reduce the carbon pollution driving cli-          turn right-to-work laws in 27 States,
                                            fighters, childcare workers, educators,                 mate change and grow good-paying jobs in               including my home State of Georgia.
                                            healthcare workers, and more have                       the clean economy. This bill can also help us            That would be devastating for Geor-
                                            been showing up to work every day, de-                  close the gap in union density and job qual-           gia’s post-COVID economy. That is
                                            spite the risks. We have the oppor-                     ity in our growing clean energy sectors.               why I will offer an amendment pro-
                                                                                                      The PRO Act empowers employees by
                                            tunity to honor their work and to help                                                                         tecting the right-to-work laws. In fact,
                                                                                                    strengthening workers’ rights to bargain and
                                            restore fairness to our economy by                      to organize. It does so by ending prohibitions         I introduced a total of five amend-
                                            making it easier for workers to form                    on collective and class-action litigation, pro-        ments to this bill that would put work-
                                            unions and collectively bargain.                        hibiting employers from permanently replac-            ers first; but, unfortunately, Demo-
                                              The PRO Act will establish sub-                       ing striking employees, amending how em-               crats only allowed one to be considered
                                            stantive and enforceable penalties for                  ployees are defined so that no one is                  on the House floor for debate even
                                            unlawful tactics employers take to                      misclassified as an independent contractor,            though last Congress they allowed
                                            interfere with workers’ organizing a                    strengthening remedies and enforcement for
                                                                                                                                                           more than one to be voted on this
                                            union. The legislation closes loopholes                 employees who are exercising their rights,
                                                                                                    creating a mediation and arbitration process           House floor.
                                            in labor laws that allow workers to be                  for new unions, protecting against coercive              But the American people deserve to
                                            misclassified, provides them with pro-                  captive audience meetings, and streamlining            know the other amendments that the
                                            tections of the National Labor Rela-                    the National Labor Relations Board’s proce-            Democrats blocked.
                                            tions Act, bans captive audience meet-                  dures.                                                   First is protecting employees’ right
                                            ings, and prohibits employers from                        The PRO Act would take tangible steps to             to secret-ballot elections. An amend-
                                            interfering in union elections. It is the               stem the tide of continued violations of the           ment requiring all unions to win a se-




dlhill on DSK120RN23PROD with HOUSE
                                            most significant workers’ rights legis-                 rights of working people to organize and
                                                                                                                                                           cret-ballot election in order to be cer-
                                                                                                    would provide real consequences for those
                                            lation in years and an important step                   who violate the rights of workers. We must             tified because no worker should face
                                            in restoring the middle class.                          restore fairness to our economy so that                retribution because of how they cast
                                              Mr. Speaker, I include in the RECORD                  workers no longer get a raw deal, and                  their ballot.
                                            a letter from the BlueGreen Alliance in                 strengthen the right of workers all over the             Codifying a sensible joint-employer
                                            support of the PRO Act.                                 country to unionize and bargain for better             standard. An amendment that strikes



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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                    H1139
                                            the section of the bill which defines                   doppelganger for Brad Pitt. I hope you                 would establish a process for mediation and
                                            joint employment using the indirect                     enjoyed me in ‘‘Fight Club.’’                          arbitration to stop stalling tactics at the
                                            control and replaces this provision                       Today, on this side of the aisle we                  bargaining table and help parties achieve a
                                                                                                                                                           first contract. Importantly, the bill also ad-
                                            with the direct and immediate control                   proudly stand up to protect the right                  dresses           rampant          intentional
                                            to protect franchisees and treat them                   to organize for every worker.                          misclassification     and     ensures     that
                                            as any other small business owner.                        We will stand up for better worker                   misclassified workers are not deprived of
                                              Employee privacy protection. An                       protections in a pandemic.                             their right to form a union under the NLRA.
                                            amendment requiring employers to re-                      We will stand up for negotiating for                   Research shows that workers want unions.
                                            ceive express consent from employees                    better pay and benefits to support your                However, there is a huge gap between the
                                            before sharing their personal informa-                  family.                                                share of workers with union representation
                                                                                                                                                           and the share of workers that would like to
                                            tion with a union because the bill cur-                   We will stand up against antiworker
                                                                                                                                                           have a union and a voice on the job. The PRO
                                            rently does not require that consent.                   so-called right-to-work laws that inevi-               Act would take a major step forward in clos-
                                              And worker retirement protection.                     tably mean right to work for less.                     ing that gap, addressing income inequality,
                                            This amends the bill to state that man-                   We will stand up for gig workers, for                and ultimately growing a strong middle
                                            datory arbitration agreements cannot                    nurses, for grocery workers, for                       class.
                                            force the members of a bargaining unit                  meatpackers, for fast-food workers, for                  I urge you to demonstrate to the American
                                            into a multiemployer pension plan.                      public service workers, and, yes, for                  people that workers and their rights are a
                                              All of my amendments would bring                      Amazon workers in Bessemer, Ala-                       priority for this Congress. I hope I can tell
                                                                                                                                                           our members that you stood with them and
                                            much-needed accountability and trans-                   bama.                                                  other workers in their efforts to achieve
                                            parency, and I am disappointed a ma-                      That is what the party of working                    meaningful worker rights and protections
                                            jority of them were not even allowed to                 people would do, and that is why we are                and better wages and working conditions.
                                            be offered on the House floor. Further-                 going to pass the Protecting the Right                 The Teamsters Union urges you to vote yes
                                            more, the PRO Act would further dis-                    to Organize Act this week.                             on H.R. 842 and to oppose all efforts to weak-
                                            rupt our economy, which is in des-                        Mr. Speaker, I include in the RECORD                 en this bill by amendment.
                                            perate need of full reopening.                          two pieces of correspondence from the                         Sincerely,
                                              Mr. Speaker, today, I stand with                      International Brotherhood of Team-                                            JAMES P. HOFFA,
                                                                                                                                                                                     General President.
                                            small business owners and our work-                     sters and Transport Workers Union of
                                            force, and I oppose this bill.                          America.                                                                TRANSPORT WORKERS OF
                                              Mr. SCOTT of Virginia. Mr. Speaker,                          INTERNATIONAL BROTHERHOOD                                            AMERICA, AFL-CIO,
                                            during the last Congress we held three                                            OF TEAMSTERS,                              Washington, DC, March 8, 2021.
                                            hearings and considered 35 amend-                                      Washington, DC, March 5, 2021.            DEAR REPRESENTATIVE: On behalf of more
                                                                                                    HOUSE OF REPRESENTATIVES,                              than 150,000 members of the Transport Work-
                                            ments.
                                                                                                    Washington, DC.                                        ers Union (TWU), I am writing to urge you to
                                              Mr. Speaker, I yield 2 minutes to the                   DEAR REPRESENTATIVE: On behalf of the 1.4            support the Protecting the Right to Organize
                                            distinguished gentleman from Wis-                       million members of the International Broth-            (PRO) Act when it comes to the floor this
                                            consin (Mr. POCAN), who is a member of                  erhood of Teamsters, I am writing to state             week. This bill directly addresses the needs
                                            the Committee on Education and Labor                    our strong support for H.R. 842, the Pro-              of the middle-class in the 21st century and
                                            and the co-chair of the new Labor Cau-                  tecting the Right to Organize Act (PRO Act).           will help ensure that our next generation
                                            cus.                                                    I urge you to support this critical legislation        economy is one that puts working families
                                              Mr. POCAN. Mr. Speaker, today I                       and to oppose any weakening amendments                 first.
                                            rise in strong support of the Protecting                and any motion to recommit when H.R. 842                 Our labor laws are designed to provide ac-
                                                                                                    comes to the House floor this week. The                cess to the time-tested process of collective
                                            the Right to Organize Act.                              Teamsters Union believes that this legisla-            bargaining. Under the National Labor Rela-
                                              As a small business owner and union                   tion is critically important to rebuilding the         tions Act, certain workers, through their
                                            member of the International Union of                    middle class and to begin reversing decades            elected representatives, negotiate with their
                                            Painters and Allied Trades for 30 years,                of income inequality and the erosion of                employer over the terms of their labor. How
                                            I know how important it is that every                   worker rights.                                         often will they work? How much will they be
                                            worker has a union.                                       Today, the economy is not working for                paid? What benefits will they receive beyond
                                              Giving workers a voice in their work-                 working people and their families. Wages               their salary? Through collective bargaining,
                                            place, negotiating for good, family sup-                have stagnated for workers across the econ-            these questions are answered in a unique
                                                                                                    omy, while income has skyrocketed for                  way for each work group and at each com-
                                            porting wages and benefits and worker
                                                                                                    CEO’s and the wealthiest one percent. In               pany. This is an incredibly flexible process
                                            safety are crucial to a family’s ability                large measure, this inequality is the result           that has allowed TWU to successfully nego-
                                            to thrive.                                              of a loss of bargaining power and the erosion          tiate contracts for everyone from airline me-
                                              Democrats will deliver on this impor-                 of workers’ ability to exercise their rights on        chanics to bikeshare workers.
                                            tant legislation today, but it is inter-                the job.                                                 Bikeshare workers at Motivate (a company
                                            esting Republicans lately have been                       Today, when workers make the decision to             owned by Lyft) are often considered part of
                                            trying to falsely rebrand themselves as                 stand together and bargain with their em-              the ‘‘gig economy’’. They are also proud
                                            the party of working people while op-                   ployer for improved working conditions, the            TWU members with a national contract. For
                                                                                                    deck is stacked against them from day one.             many of these union members, the majority
                                            posing the strongest bill in Congress to
                                                                                                    Under current law, unscrupulous employers,             of their interaction with their employer is
                                            give power to workers. The same Re-                     armed with limitless funds, routinely violate          through an app—very similar to the way
                                            publicans who fought tooth and nail to                  the National Labor Relations Act (NLRA)                rideshare drivers interact with their employ-
                                            reduce stimulus checks and unemploy-                    and block workers’ ability to exercise their           ers. These workers move around a large geo-
                                            ment insurance, championed union                        right to bargain for better wages and better           graphic area collecting and repositioning
                                            busting and prevented an increase in                    working conditions with impunity. The Pro-             bikes in the same way a rideshare driver
                                            the minimum wage from being in-                         tecting the Right to Organize Act is an im-            would pick up and move passengers. Unlike
                                            cluded in COVID relief.                                 portant step forward for workers’ rights, re-          rideshare drivers, however, bikeshare work-
                                              They claim they are the party of the                  building the middle class, and addressing in-          ers’ rights are not seen as incompatible with
                                                                                                    equality. It would restore and strengthen              their company’s business model.
                                            working people. Their idea of helping                   worker protections which have been eroded                These workers and many others are proof
                                            working people is voting for a $2 tril-                 over the years.                                        that collective bargaining is powerful
                                            lion tax cut for corporate donors and                     The Protecting the Right to Organize Act             enough to live on into our future. None of
                                            billionaire friends but refusing to vote                addresses several major weaknesses in cur-             the more than 200 current contracts that
                                            for a $1.9 trillion investment in the                   rent law. The legislation enacts meaningful,           TWU has negotiated and implemented is
                                            American people.                                        enforceable penalties on employers who                 identical—in fact many of them would work
                                              Their tax breaks for the top 1 per-                   break the law and gives workers a private              at no other company or among any other




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                                            cent, by the way, even included a pro-                  right of action if they’ve been terminated for         work group. While the process mandated
                                                                                                    union activity. The bill would make elec-              under our labor laws may be the same, the
                                            vision that might make it easier to                     tions fairer by prohibiting employers from             outcomes vary wildly, allowing for growth
                                            send jobs overseas. Yes. That is fight-                 using coercive activities like ‘‘captive audi-         and change as circumstances shift and tech-
                                            ing for the average worker—in China.                    ence’’ meetings and by preventing employers            nologies evolve. All workers deserve access
                                              Please, if you are the party of work-                 from hiring permanent replacements of                  to that process in order to better their
                                            ing people, then I am a stunt double,                   workers who exercise their right to strike. It         standard of living.




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                                            H1140                                             CONGRESSIONAL RECORD — HOUSE                                                           March 9, 2021
                                              Unfortunately, the proportion of unionized            power back into the hands of workers                   workers to decide for themselves whether to
                                            workers in the U.S. is near a 90-year low be-           and secures the right to organize and                  negotiate fair share agreements in collective
                                            cause of structural hurdles which make join-            bargain for good wages, fair benefits,                 bargaining. In addition, we are pleased to see
                                            ing a new union very difficult.                                                                                PRO Act provisions that would deter em-
                                              The PRO Act would directly address these              and an equal voice on the job. The PRO
                                                                                                                                                           ployer misconduct by making remedies
                                            issues and give workers across the entire               Act is about democracy in the work-                    meaningful, penalizing the most egregious
                                            economy equal access to the collective bar-             place. It is about standing with the he-               violations, limiting interference in union
                                            gaining process. In order ensure workers’               roic workers carrying America through                  elections, and facilitating first contracts
                                            rights keep pace with the new economy, the              the pandemic.                                          with newly formed unions. The bill right-
                                            Transport Workers Union strongly urges you                It is past time to pass the PRO Act.                 fully removes restraints on workers’ soli-
                                            to vote yes on the PRO Act and to oppose                  Mr. Speaker, I include in the RECORD                 darity actions across different workplaces.
                                            any weakening amendments.                               two letters of support from the Service                  In this time of crisis, working people
                                                  Sincerely,                                        Employees International Union and the                  around the country urgently need the PRO
                                                                  JOHN SAMUELSEN,                                                                          Act’s much needed reforms to make it easier
                                                                 International President.
                                                                                                    Communications Workers of America.                     for people to join unions and hold companies
                                                                                                                                        SEIU,              accountable. A voice on the job has never
                                              Ms. FOXX. Mr. Speaker, I yield 1
                                                                                                                                 February 4, 2021.         been more important for safeguarding the
                                            minute to the gentleman from Penn-                        DEAR REPRESENTATIVE: On behalf of the 2              health, safety, and economic security of the
                                            sylvania (Mr. KELLER).                                  million members of the Service Employees               working people we have relied on to get us
                                              Mr. KELLER. Mr. Speaker, it is nec-                   International Union (SEIU), we write to en-            through this pandemic.
                                            essary for me to voice my opposition to                 dorse the Protecting the Right to Organize               SEIU members are proud to support the
                                            the PRO Act, shortsighted legislation                   (PRO) Act of 2021. This important bill would           PRO Act. We will add any future votes on
                                            that is a bad deal for America’s work-                  strengthen working Americans’ rights to                this legislation to our legislative scorecard.
                                            ers and America’s employers.                            join together in unions and bargain for high-                Sincerely,
                                              The greatest thing that I learned                     er wages and better working conditions to                                    MARY KAY HENRY,
                                                                                                    help create balanced, inclusive growth, and                                 International President.
                                            working in a factory is that workers
                                                                                                    build our economy back better than it was
                                            care about employers and employers                      before.                                                       COMMUNICATIONS WORKERS OF
                                            care about and value the hardworking                      We are nearly one year into the worst pub-                                       AMERICA,
                                            people who come to work and get the                     lic health and economic crisis we have faced                                     AFL-CIO, CLC,
                                            job done every day.                                     in a generation, with underpaid frontline                            Washington, DC, March 9, 2021.
                                              The PRO Act needlessly inserts gov-                   workers literally risking their lives for pov-           DEAR REPRESENTATIVE: On behalf of the
                                            ernment—what I call the middleman—                      erty wages. While many have rightly called             members and officers of the Communications
                                            into the workplace, driving a wedge be-                 these essential workers heroes, our country            Workers of America (CWA), I am writing to
                                                                                                    has failed to truly respect them with a prom-          urge you to vote in favor of H.R. 842, the Pro-
                                            tween the employee-employer relation-
                                                                                                    ise to protect them and adequately pay them            tecting the Right to Organize (PRO) Act,
                                            ship. This bill would infringe on work-                 throughout the crisis. Too many essential              when it comes to a vote on the House floor
                                            ers’ rights and handcuff employers,                     workers continue to lack basic work protec-            this week.
                                            making it harder for people to make                     tions like proper PPE, paid sick and family              The ability of working people to join to-
                                            decisions that positively impact their                  leave, or health care, and far too few have a          gether to collectively bargain for fair pay
                                            workforce.                                              voice in the workplace and access to a union.          and working conditions is a fundamental
                                              Our team has met with employers                       This is most true for the Black and brown              right. But it is extremely difficult for pri-
                                            and workers across central and north-                   workers who have kept us safe and fed                  vate sector workers covered by the NLRA to
                                            eastern Pennsylvania, and the message                   throughout this crisis.                                organize if their employer opposes them
                                                                                                      Unions are the best solution to leveling the         doing so. Companies can intimidate workers
                                            is crystal clear: Say no to the PRO Act.                playing field and safeguarding the health and          relentlessly, misclassify workers, gerry-
                                              Let’s not pretend the government                      safety of working people. In fact, during this         mander election units, dodge accountability
                                            knows or cares about workers more                       crisis, where workers that have been able to           for violating worker rights by hiding behind
                                            than the businesses that employ them,                   act collectively and through their union,              subcontractors, and more—all completely le-
                                            and let’s not add more mandates where                   they have been able to secure enhanced safe-           gally. And even if they do violate the law
                                            they don’t belong. Instead, it is time                  ty measures, additional hazard pay, paid sick          and illegally terminate or punish workers for
                                            for the government to step back and                     time, and other protections. But because of a          union activity, the existing NLRA is tooth-
                                            for businesses to continue what they do                 concerted effort to undermine unions in                less and its penalties barely amount to a slap
                                                                                                    America over the past forty years, just 10%            on the wrist. Companies who illegally fire
                                            best: innovate, produce, and provide                    of working people have a say in the decisions          workers are only required to pay them back
                                            opportunities for the American people.                  that affect them at work, in their commu-              pay, minus any income they’ve had else-
                                              If my colleagues supporting the PRO                   nities and in our economy. Too many un-                where in the interim.
                                            Act really care about America’s em-                     scrupulous employers—even amidst a pan-                  Once workers do come together and orga-
                                            ployers, workers, and boosting our eco-                 demic—take advantage of America’s out-                 nize, the existing NLRA is also inadequate to
                                            nomic recovery, then I urge them to                     dated labor laws to stifle the ability of work-        protect worker rights. Companies can easily
                                            oppose this special interest giveaway.                  ing people to join together in unions to stay          stall indefinitely to prevent workers from
                                              Mr. SCOTT of Virginia. Madam                          safe on the job and build a better future for          getting a first contract for years after they
                                            Speaker, I yield 1 minute to the gentle-                their families.                                        organize. If and when workers are forced to
                                                                                                      The PRO Act would reinvigorate labor law             go on strike to protect their livelihoods, em-
                                            woman       from     Washington     (Ms.                to help build an economy that works better             ployers can permanently replace strikers
                                            JAYAPAL) who is a distinguished mem-                    for the millions of people who work for a liv-         without consequence.
                                            ber of the Committee on Education and                   ing—not just those at the top. We applaud                The huge surge in economic inequality
                                            Labor and is the chair of the Congres-                  the bill’s joint employer provision, which             over the past quarter-century is related di-
                                            sional Progressive Caucus.                              would ensure that workers can meaningfully             rectly to many workers’ lack of a strong
                                              Ms. JAYAPAL. Madam Speaker, I                         bargain with all companies that actually               voice on the job. Over that time, wages have
                                            rise in strong support of the PRO Act.                  control their employment. We also endorse              stagnated for workers across the economy,
                                            I am very proud to be a lead sponsor of                 the bill’s new standard to stop employers              while income has skyrocketed for CEOs and
                                                                                                    from misclassifying their workers as inde-             the wealthiest 1%. By 2012, the wealthiest 1%
                                            this transformative bill and to rep-
                                                                                                    pendent contractors or supervisors to escape           made 22.5% of national income, while the
                                            resent one of the most unionized States                 their responsibilities. These changes would            bottom 90% of families made less than half
                                            in the country, where I have spent two                  make it harder for companies to circumvent             of national income—just 49.6%.
                                            decades organizing alongside unions for                 basic worker protections through subcon-                 Workers who form unions have stronger
                                            decent wages, benefits, and workers’                    tracting arrangements or other evasions.               protections against discrimination and retal-
                                            rights.                                                   We also strongly support the PRO Act’s re-           iation, enhanced job security, better retire-
                                              Unions helped build America’s mid-                    forms banning anti-worker state laws that              ment benefits, and more effective ways of
                                            dle class. But over the years large cor-                supersede collective bargaining agreements.            combating practices that jeopardize their




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                                                                                                    These so-called Right-to Work laws weaken              health and safety on the job. These problems
                                            porations have deployed union-busting
                                                                                                    workers’ voice at the workplace, drive down            have all been magnified by the ongoing
                                            tactics to rob workers of their funda-                  wages, and threaten the economic security of           COVID–19 pandemic.
                                            mental workplace rights. That changes                   all workers—union and nonunion alike. Fur-               New research confirms that workers with-
                                            today.                                                  thermore, working people subject to these              out union representation are less likely to
                                              The PRO Act will undo decades of                      laws earn $1,558 less per year than those who          have paid leave, to have access to proper
                                            Republican antiworker policies. It puts                 are not. The PRO Act permits companies and             PPE at work, or to have protections against




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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                 H1141
                                            unnecessary layoffs. The PRO Act would fix              and wanting to have decent working                     who don’t believe that they ought to be
                                            these problems and re-establish workers’                conditions.                                            equal. After all, I started the business,
                                            right to organize in this country, In doing so,            Very frankly, that just didn’t hap-                 and I invested money.
                                            it helps combat skyrocketing economic in-
                                                                                                    pen, Mr. Speaker. Some died to make                      I agree with that; I want to see them
                                            equality and strengthens the middle class.
                                            Therefore, I strongly urge you to vote in               that a reality. Others were beaten and                 make money. I am a procapitalist
                                            favor of the PRO Act and oppose any amend-              battered in order to have that be a re-                Democrat, a procapitalist American. I
                                            ments that would weaken the bill. CWA will              ality. Child labor, abuse of gender,                   have been around the world, and I have
                                            include votes on this bill in our Congres-              women abused in the workplace work-                    seen noncapitalist societies. They don’t
                                            sional Scorecard.                                       ing in terrible, odious conditions—that                work very well. But the capitalist soci-
                                              Thank you in advance for your consider-               is why Democrats passed the PRO Act                    ety works better if everybody is lifted,
                                            ation.                                                  last year, and that is why we will do so               not just some.
                                                  Sincerely,
                                                       CHRISTOPHER M. SHELTON,
                                                                                                    again today.                                             I thank Chairman SCOTT of the Edu-
                                                   President, Communications Workers                   One of the most important tools for                 cation and Labor Committee for his
                                                                       of America (CWA).            workers to secure better pay and bene-                 hard work on this bill, as well as the
                                              Ms. FOXX. Mr. Speaker, I yield 1                      fits is the right to organize and bargain              members of his committee.
                                            minute to the gentlewoman from Illi-                    collectively. Those of you who have                      I am proud that we Democrats
                                            nois (Mrs. MILLER).                                     been employers know that you want to                   strongly support this bill, which is so
                                              Mrs. MILLER of Illinois. Mr. Speak-                   maximize profits and you want to try                   central to our effort to make opportu-
                                            er, I rise today in opposition to the                   and manage and see whether you can                     nities more accessible and more broad-
                                            PRO Act.                                                hire people for X amount of dollars                    ly available to American workers as we
                                              The efforts by House Democrats to                     rather than X plus Y. That right was                   look to rebuild our economy stronger
                                            kill flexible work options in America                   secured over the course of generations                 after COVID–19.
                                            do not consider the harmful effects this                by workers who fought to have that                       The leader of the party on the other
                                            bill will have on mothers. This bill                    right recognized and secured. Collec-                  side of the aisle said in his speech that
                                            would force workers out of their indi-                  tive bargaining made possible the pros-                he gave at the beginning of the session:
                                            vidual labor agreements and into one-                   perity and upward mobility that was a                  We are the workers’ party.
                                            size-fits-all union contracts.                          hallmark of America in the 20th cen-                     We will see, Mr. Speaker, when we
                                              I have seven children, and balancing                  tury.                                                  vote on this bill, whether that state-
                                            work and family is an issue that I truly                   Strong unions lead to better pay,                   ment was accurate.
                                            care about. For many mothers, flexible                  higher quality and more affordable                       The workers are not against this bill.
                                            work opportunities are their lifeline.                  healthcare, more secure retirement                     As I said last year, when we passed this
                                            Federal law should not discourage                       benefits, and workplaces that are safer,               bill, the PRO Act is the workers’ rights
                                            mothers from working in positions                       not just for union members but for all                 legislation that working people in our
                                            that fit their unique schedules and                     workers.                                               country need and for which they have
                                            needs. When given flexible opportuni-                      Unfortunately, in the 21st century,                 been waiting for far too long. That is
                                            ties, mothers are able to advance their                 Mr. Speaker, the right to organize has                 why we need to pass this bill today and
                                            careers while balancing competing pri-                  been eroded and weakened. As a result,                 send it to the Senate.
                                            orities of childcare, education, caring                 many workers are stuck with no re-                       Mr. Speaker, I urge a ‘‘yes’’ vote for
                                            for sick or aging family members, and                   course to demand the better pay and                    our workers, for our families, for our
                                            so much more.                                           benefits they deserve, and they need,                  children, and for our effort to build
                                              The only thing that this bill is pro on               and their families need, and we need as                back better and stronger from the chal-
                                            is big labor. The PRO Act is a massive                  a middle class society that knows that                 lenges we now face.
                                            expansion of union bosses’ power at the                 we are a consumer economy. Henry                         Ms. FOXX. Mr. Speaker, the Demo-
                                            expense of workers and employers’                       Ford knew if you didn’t pay them, then                 crats continue to look backward, 100
                                            freedom.                                                they couldn’t buy your cars—a pretty                   years backward. Just before COVID
                                              Mr. SCOTT of Virginia. Mr. Speaker,                   simple equation.                                       hit, we had the greatest economy in
                                            I yield 1 minute to the distinguished                      The PRO Act would change that, em-                  our country ever, the lowest unemploy-
                                            gentleman from Maryland (Mr. HOYER).                    powering workers, once again, through                  ment for women, minorities, everyone,
                                              Mr. HOYER. Mr. Speaker, I thank                       their right to organize. It prevents                   without the PRO Act.
                                            the chairman for yielding.                              management         from    misclassifying                No procapitalist can support this bill.
                                              Mr. Speaker, I got here just a little                 workers.                                               This is part of a socialist agenda.
                                            before I was going to speak, and I heard                   I urge Members to think whether or                    Mr. Speaker, I yield 1 minute to the
                                            the gentlewoman from Illinois speak.                    not that happens.                                      gentleman from North Carolina (Mr.
                                            She talked about flexible work hours. I                    Mr. Speaker, this gig economy                       MURPHY).
                                            thought to myself: Who decides what is                  sounds great until you get to be 65 or 67                Mr. MURPHY of North Carolina. Mr.
                                            flexible?                                               and you look around and there is no-                   Speaker, I rise today in strong opposi-
                                              Historically, of course, working men                  body behind you. There is nobody to                    tion to H.R. 842, the prounion bosses
                                            and women were told: You will do this                   lift you up. There is nobody to say:                   act.
                                            for that much at this time under these                  Thank you for that 30 years, 40 years,                   Here we are once again. This is be-
                                            conditions.                                             or 50 years of service to our company                  coming all too familiar here in Con-
                                              That was the reality—sweatshops,                      or to our economy. It prevents manage-                 gress, an exercise for Democrats to
                                            health-endangering shops, and long                      ment from misclassifying workers in                    steamroll these massive bills through
                                            hours with little pay. Then the labor                   order to avoid negotiating the fair pay                the House without proper debate or
                                            unions came along. They got some                        and safe working conditions they de-                   transparency. Our committee didn’t
                                            strength, they got some support, and lo                 serve.                                                 even have a hearing or a markup on
                                            and behold, the middle class started to                                                                        this.
                                            grow and started to make good wages,                                     b 1300                                  Frankly, the bill is disastrous. Bills
                                            have safe working conditions, and, yes,                   No, they are just contract employees.                like this only further suppress workers’
                                            flexible hours.                                         They don’t have any real attachment                    rights, create a one-size-fits-all type of
                                              Mr. Speaker, as we work to create                     or relationship with our company.                      union contract, and create incentives
                                            jobs and build our economy back bet-                    They are just contract, and we can use                 for disruptive and dangerous union
                                            ter, we need to make sure that the jobs                 them one day and throw them away the                   strikes, especially in healthcare.




dlhill on DSK120RN23PROD with HOUSE
                                            that are available to Americans help                    next.                                                    One particularly bothersome practice
                                            them get by and get ahead. That is                        Moreover, the PRO Act levels the                     is this legislation would require em-
                                            what the minimum wage battle is                         playing field for labor unions in con-                 ployers to hand over workers’ private
                                            about. That is what this is about—av-                   tract negotiations. Maybe you don’t                    personal information to union orga-
                                            erage working people wanting to get                     believe in that, Mr. Speaker, not you                  nizers—home addresses, cell phone
                                            by, wanting to have a decent salary,                    personally, but maybe there are people                 numbers,     email    addresses—without



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                                            H1142                                             CONGRESSIONAL RECORD — HOUSE                                                          March 9, 2021
                                            their employees’ consent. These are                     ees’ right to strike by preventing employers           trative hurdles as employees are already en-
                                            privacy violations not to be tolerated                  from hiring permanent replacement workers.             titled to limit payments to union to those
                                            in this country.                                          It also allows unrepresented employees to            for representational purposes. Vote no.
                                                                                                    engage in collective action or class action              Allen (#47) This amendment strikes the
                                              I know leadership doesn’t want you
                                                                                                    lawsuits to enforce basic workplace rights,            provision requiring states to allow ‘‘fair
                                            guys to do this, but we want to work                    rather than being forced to arbitrate such             share agreements.’’ So-called ‘‘Right to
                                            with you. I urge my colleagues on both                  claims alone.                                          Work’’ laws, which prohibit fair share agree-
                                            sides of the aisle to vote ‘‘no’’ on this                 Finally, the bill would eliminate ‘‘right to         ments, depress wages and benefits. Vote no.
                                            legislation.                                            work’’ laws. These laws, steeped in a history            McBath (#54) This amendment simply
                                              Mr. SCOTT of Virginia. Mr. Speaker,                   of racism, are promoted by billionaires and            clarifies that the definition of employer and
                                            I yield 1 minute to the gentleman from                  special interest groups to give more power to          employee in the PRO Act does not affect
                                            Michigan (Mr. LEVIN), a distinguished                   corporations at the expense of workers, and            state laws governing wages, hours, workers’
                                                                                                    have the effect of lowering wages and erod-            compensation or unemployment insurance.
                                            member of the Committee on Edu-
                                                                                                    ing pensions and health care coverage in               Vote yes.
                                            cation and Labor.                                                                                                Wilson (#59) This amendment strikes the
                                                                                                    states where they have been adopted.
                                              Mr. LEVIN of Michigan. Mr. Speaker,                     The PRO Act is the first step towards re-            provision requiring states to allow ‘‘fair
                                            I include in the RECORD a letter of sup-                storing our middle class by strengthening              share agreements.’’ So-called ‘‘Right to
                                            port for the bill from the AFL–CIO.                     the collective power of workers to negotiate           Work’’ laws, which prohibit fair share agree-
                                            Legislative Alert                                       for better pay and working conditions. After           ments, depress wages and benefits. Vote no.
                                                                           AFL-CIO,                 the PRO Act’s passage, we urge Congress to               Newman (#67) This amendment ensures
                                                          Washington, DC, March 8, 2021.            further empower workers through passage of             that the NLRB’s notices that inform workers
                                              DEAR REPRESENTATIVE: On January 26, we                the Public Service Freedom to Negotiate                of their rights be in the languages spoken by
                                            wrote in support of the Protecting the Right            Act, so our nation’s public sector workers             the employees. Vote yes.
                                            to Organize (PRO) Act (H.R. 842), which                 may enjoy the protections of a union con-                The AFL-CIO offers no recommendation on
                                            would restore the original intent of the Na-            tract.                                                 the following amendments: Jackson Lee
                                            tional Labor Relations Act (NLRA) to give                 We urge you to support and vote for the              (#12), Bordeaux (#25), Stevens (#65), Murphy
                                            working people a voice on the job so they               PRO Act.                                               (#68), Davids (#71).
                                            can negotiate for higher wages, better bene-                                                                     Restoring our middle class depends on
                                                                                                             AMENDMENT RECOMMENDATIONS                     strengthening the collective power of work-
                                            fits, a more secure retirement and a safer
                                            workplace. We write today to redouble our                 Tlaib (#8) This amendment establishes a              ers to negotiate for better pay and working
                                            request and to express our views on amend-              120–day timeline for the tripartite arbitra-           conditions. This is why public support for
                                            ments to H.R. 842 that the Rules Committee              tion process between the employees/labor or-           unions is the highest it has been in decades.
                                            has made in order.                                      ganization and employer to ensure that the             We urge you to support the PRO Act, oppose
                                              Now is the time to pass the PRO Act. For              arbitration process is not indefinitely drawn          all weakening amendments for the reasons
                                            too long, employers have been allowed to                out. Vote yes.                                         explained above, and help us build an econ-
                                            violate workers’ rights with impunity be-                 Hern (#6) Prohibits the PRO Act from tak-            omy that works for all working families. We
                                            cause the law includes no penalties for doing           ing effect until the Secretary of Labor cer-           also urge you to oppose any Motion to Re-
                                            so. As a result, workers’ ability to negotiate          tifies that the PRO Act will not negatively            commit, which would have the effect of kill-
                                            for better pay and benefits has eroded and in-          affect employment rates. There is nothing to           ing the bill.
                                            come inequality has reached levels we have              support the notion that strong labor protec-                  Sincerely,
                                            not seen since the Great Depression. In the             tions have adverse impacts on job numbers.                                     WILLIAM SAMUEL,
                                            midst of a global pandemic, which has killed            This serves no purpose other than to further                            Director, Government Affairs.
                                            tens of thousands of front line workers, it is          delay worker access to the protections of the            Mr. LEVIN of Michigan. Mr. Speaker,
                                            more important than ever that working peo-              PRO Act. Vote no.
                                                                                                      Keller (#16) This amendment deletes the
                                                                                                                                                           I wish I had time to rebut many argu-
                                            ple have the right to rely on the protection
                                                                                                    provisions of the bill prohibiting employers           ments, like the one we just heard. The
                                            of a union contract.
                                              The PRO Act will level the playing field to           from permanently replacing workers on                  requirement that the employer share
                                            give workers a fair shot when fighting for              strike and protecting the rights of workers            lists of the employees during a union
                                            improvements on the job. The bill modern-               to engage in brief or intermittent strikes.            election is decades and decades old. It
                                            izes the NLRA by bringing its remedies in               Vote no.                                               hasn’t changed.
                                            line with other workplace laws. In addition               Good (#18) Amends section 302 of the Labor             In any event, I am here to support
                                            to imposing financial penalties on companies            Management Relations Act to prohibit em-               the PRO Act with all of my heart. For
                                            and individual corporate officers who violate           ployers from remaining neutral during an or-
                                                                                                                                                           decades, we have witnessed the loss of
                                            the law, the bill would give workers the op-            ganizing effort or election. Vote no.
                                                                                                      Comer (#21) This amendment strikes the               workers’ rights, the decline of private-
                                            tion of bringing their case to federal court.
                                            The bill would also make union elections                provision of the bill which requires employ-           sector union membership, and the ero-
                                            fairer by prohibiting employers from requir-            ers to disclose how much they are spending             sion of the American middle class. For
                                            ing their employees to attend ‘‘captive audi-           on union-busting or ‘‘union avoidance’’ con-           86 years, Congress has failed to pass
                                            ence’’ meetings, a common tactic whereby                sultants. Vote no.                                     any meaningful private-sector labor
                                            employers present anti-union propaganda to                Torres (#22) This amendment revises the              law reform to reverse these devastating
                                            pressure workers to vote against the union.             Labor-Management and Disclosure Act of                 trends.
                                              Under the bill, once workers vote to form             1959 to require the Department of Labor to
                                                                                                                                                             The decline of union membership has
                                            a union, the National Labor Relations Board             make disclosures under the persuader rule
                                                                                                    publicly available in an accessible and                resulted in an unequal economy where
                                            (NLRB) would be authorized to order that
                                            the employer commence bargaining a first                searchable electronic form, and through a se-          workers no longer receive a fair share
                                            contract. These orders would be enforced in             cure software application for use on an elec-          of the profits they produce. But we can
                                            district courts to ensure swift justice, avoid-         tronic device. Vote yes.                               change that starting today.
                                            ing the complex and drawn out process in the              Walberg (#24) This amendment seeks to ex-              The PRO Act protects workers’
                                            courts of appeals. In addition, the bill would          tend the time between a petition for a union           rights to unite and negotiate for higher
                                            ensure that employees are not deprived of               election and a pre-election hearing. Vote no.          pay, better benefits, and safer working
                                            our right to a union because an employer de-              Levin (#34) This amendment directs the               conditions. By passing the PRO Act, we
                                            liberately misclassifies them as supervisors            NLRB to develop a system and procedures to
                                                                                                    conduct union representation elections elec-
                                                                                                                                                           empower workers to fight for the fruits
                                            or independent contractors.
                                              Too often, when workers choose to form a              tronically, as allowed by the PRO Act itself.          of their labor and build an economy
                                            union, employers stall the bargaining proc-             Vote yes.                                              that works for all Americans.
                                            ess to avoid reaching an agreement. The                   Fulcher (#37) Codifies a vote-and-impound              I urge all of my colleagues to stand
                                            PRO Act would establish a process for medi-             process through which the NLRB will con-               up for the working people of this Na-
                                            ation and arbitration to help the parties               duct union elections even where employer               tion and vote for the PRO Act.
                                            achieve a first contract. This important                coercion or other unfair labor practices have            Ms. FOXX. Mr. Speaker, I yield 1
                                            change would make the freedom to negotiate              occurred, tainting the election. This policy           minute to the distinguished gentleman
                                            a reality for countless workers who form                is harmful to workers who are subject to em-           from Wisconsin (Mr. FITZGERALD).




dlhill on DSK120RN23PROD with HOUSE
                                            unions but never get to enjoy the benefits of           ployer unfair labor practices during or prior            Mr. FITZGERALD. Mr. Speaker, I
                                            a collective bargaining agreement due to em-            to a union election. Vote no.
                                                                                                      Fitzgerald (#39) Requires an unnecessary             rise today in opposition to H.R. 842.
                                            ployers’ intentional delays.
                                              The PRO Act recognizes that employees                 administrative process for unions to collect             This bill would be the most drastic
                                            need the freedom to picket or withhold our              consent before using dues for activities other         change to labor law this country has
                                            labor in order to push for the workplace                than collective bargaining or contract ad-             seen in the past 80 years. It would se-
                                            changes we need. The bill protects employ-              ministration. Serves only to create adminis-           verely upend labor laws and change



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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                    H1143
                                            long-established precedents at the be-                  move forward in creating an economy                    or woman should be denied the fruits of
                                            hest of Democrats and their Big Labor                   that works for everyone.                               his labor simply because they refuse to
                                            donors and at the expense of hard-                        Mr. Speaker, I include in the RECORD                 toe a partisan line. Each man and
                                            working Americans.                                      a letter from the International Union                  woman ought to be granted the dignity
                                              This bill would take away the flexi-                  of Bricklayers and Allied Craftworkers.                and respect to decide his own destiny.
                                            bility of workers to choose their own                     INTERNATIONAL UNION OF BRICKLAYERS                     This bill strips the right of self-deter-
                                            work hours, place onerous burdens on                                 AND ALLIED CRAFTWORKERS,                  mination away from the people and
                                            small business, restrict the ability of                               Washington, DC, March 8, 2021.           places it directly into the hands of the
                                                                                                      DEAR HOUSE MEMBERS: On behalf of the                 powerful. It is a shameful display of
                                            employers to seek labor relations ad-                   International Union of Bricklayers and Al-
                                            vice, and violate workers’ privacy by                                                                          the very type of self-service that dis-
                                                                                                    lied Craftworkers (BAC), I am writing to ex-
                                            giving labor organizations access to                                                                           gusts nearly every American outside of
                                                                                                    press our strong support for the Protecting
                                            their contact information without con-                  the Right to Organize (PRO) Act, H.R. 842.             Washington, D.C.
                                            sent.                                                   The PRO Act is historic legislation that will            This vote will reveal much about who
                                              This bill would also undermine the                    help level the playing field and provide               we are elected to serve. Are we, as rep-
                                            ability of States to choose their own                   workers the opportunity to freely exercise             resentatives of the people, elected to
                                            labor laws by striking down the right-                  their right to organize a union. President             serve union management or our con-
                                            to-work laws of 27 States.                              Biden captured this fundamental principle              stituents?
                                                                                                    clearly and succinctly when he told Amer-                Mr. SCOTT of Virginia. Mr. Speaker,
                                              As a member of the Wisconsin Sen-                     ica’s workers and companies that ‘‘The                 I yield 11⁄2 minutes to the gentlewoman
                                            ate, I authored the right-to-work bill                  choice to join a union is up to the workers—           from Minnesota (Ms. OMAR), a distin-
                                            that became law. I can attest firsthand                 full stop.’’                                           guished member of the Committee on
                                            to what the consequences would be if                      BAC is proud of the relationship that we
                                                                                                                                                           Education and Labor.
                                            these laws were struck down.                            share with our signatory employers across
                                                                                                                                                             Ms. OMAR. Mr. Speaker, I rise in sol-
                                              Striking down State right-to-work                     the United States to provide vital building
                                                                                                    and construction services to the commu-                idarity     with   labor   unions     that,
                                            laws would force millions of workers to                                                                        throughout history, have fought the
                                            pay dues to labor unions without any                    nities we live in. However, our members, and
                                                                                                    just as importantly the contractors that hire          greed of their bosses and corporations
                                            say about how their money was spent.                    them, are under assault by unscrupulous cor-           in order to have a better life.
                                              I offered an amendment to this bill                   porations and employers that abuse and deny              I rise in solidarity with workers in
                                            that would prevent union dues from                      their workers from having a meaningful                 the Marathon Petroleum plant in Min-
                                            being used for political purposes. It is                voice in the workplace. The PRO Act would              nesota who are striking for safer work-
                                            yet to be seen whether Democrats will                   help address these abuses and provide work-            ing conditions and with the workers at
                                            support union bosses or hardworking                     ers a fair shot at forming a union of their            the Minneapolis Institute of Art, Walk-
                                            Americans.                                              choice to bargain for better wages, benefits,          er Art Center, and many more work-
                                              Mr. SCOTT of Virginia. Mr. Speaker,                   and conditions in the workplace.
                                                                                                      Too often, employers intentionally violate
                                                                                                                                                           places that have recently unionized in
                                            could you advise how much time is                                                                              my district.
                                                                                                    the law during organizing campaigns because
                                            available on each side?                                 some of the penalties are so weak that low               I rise in solidarity with the 5,800
                                              The SPEAKER pro tempore (Mr.                          road employers just view them as a small               mostly Black workers in Alabama who
                                            CICILLINE). The gentleman from Vir-                     cost of doing the business of union busting.           are currently fighting one of the most
                                            ginia has 211⁄2 minutes. The gentle-                    The PRO act strengthens penalties for such             predatory corporations in the world,
                                            woman from North Carolina has 201⁄2                     behavior in order to deter employers from              Amazon, to form a union.
                                            minutes.                                                interfering with worker’s rights.                        Labor unions have been the driving
                                              Mr. SCOTT of Virginia. Mr. Speaker,                     The PRO Act also clarifies the definition of         force for all positive change for work-
                                                                                                    independent contractor and supervisor to               ers in modern history. As a former
                                            I yield 1 minute to the gentleman from
                                                                                                    help prevent the misclassification of work-
                                            Indiana (Mr. MRVAN), a distinguished                    ers. Misclassification is far too common in
                                                                                                                                                           union member myself, I can attest to
                                            member of the Committee on Edu-                         construction and other industries and it pre-          the power that workers wield when
                                            cation and Labor.                                       vents workers from exercising their rights,            they exercise their right to organize.
                                              Mr. MRVAN. Mr. Speaker, I thank                       getting the pay and benefits they deserve,             That is why we need the PRO Act and
                                            Chairman SCOTT for this time and op-                    and deprives communities of much-needed                why we must pass it this week and
                                            portunity to speak in support of H.R.                   revenue through tax evasion.                           pressure the Senate to do the same.
                                            842, the Protecting the Right to Orga-                    Our economy is out of balance and it is                The PRO Act puts power back where
                                            nize Act.                                               time for Congress to step up to protect work-          it belongs, in the hands of workers.
                                                                                                    ing class families and restore economic sta-             Mr. Speaker, I include in the RECORD
                                              Unions are the backbone of north-                     bility. We urge you to support the PRO Act
                                            west Indiana’s economy, and we must                                                                            a letter from National Nurses United.
                                                                                                    and oppose any weakening amendments                                  NATIONAL NURSES UNITED,
                                            do all we can to strengthen the ability                 when the House of Representatives considers                          Washington, DC, March 8, 2021.
                                            for all workers to form unions. For far                 the bill.                                                DEAR REPRESENTATIVE, The House of Rep-
                                            too long, State and Federal policies                           Sincerely,                                      resentatives is scheduled to vote on H.R. 842,
                                            have targeted union workers and their                                      TIMOTHY J. DRISCOLL,                the Protecting the Right to Organize (PRO)
                                            ability to position themselves and le-                                                    President.           Act this week. On behalf of the 170,000 nurses
                                            verage.                                                   Ms. FOXX. Mr. Speaker, I yield 1                     represented by National Nurses United, the
                                              Today, we change that. Today, we                      minute to the gentleman from North                     largest union of registered nurses in the
                                            have the backs of working families.                     Carolina (Mr. CAWTHORN).                               United States, we strongly urge you to vote
                                                                                                                                                           YES on the PRO Act, which would imple-
                                            When workers can stand together and                       Mr. CAWTHORN. Mr. Speaker, I rise                    ment critical improvements to current labor
                                            form a union, they have the ability to                  in opposition to the PRO Act.                          law in order to protect the right for workers
                                            use their collective voice for fair                       You see, when I came to Washington,                  to organize collectively and form a union.
                                            wages, safe working conditions, im-                     D.C., I believed that I had one duty,                    A union gives workers the ability to act
                                            proved health benefits, and a more se-                  one purpose, that I was elected to serve               together to advocate for safe working condi-
                                            cure retirement.                                        my district, my people, and to answer                  tions, to improve their wages and benefits,
                                              Organized labor is essential to cre-                  to nobody else except my constituents.                 and to protect their workplace rights
                                                                                                                                                           through collective bargaining and concerted
                                            ating opportunities for all individuals                   But since arriving in Congress, I have               activity. For registered nurses, union advo-
                                            to have a good-paying career where                      learned that not everyone shares the                   cacy and representation allow us to focus on
                                            they can take care of themselves and                    same philosophy. You see, I have come                  what we do best: caring for our patients.
                                            their families.                                         to realize that this body is oftentimes                Across the country, nurses have been subject
                                              I believe that the divide in our Na-                  more interested in self-service than in                to intimidation and retaliation from their




dlhill on DSK120RN23PROD with HOUSE
                                            tion is by workers believing they will                  public service, that corporate donors                  employers because of their efforts to
                                            be left behind. The PRO Act will lift up                come before constituents, and that a                   unionize. The PRO Act would provide crit-
                                                                                                                                                           ical protections for nurses who want to orga-
                                            workers and unite workers.                              union boss is more important than an                   nize collectively.
                                              I thank Chairman SCOTT for this                       American worker.                                         The dire need for this legislation has been
                                            time, and I urge all of my colleagues to                  The right to work is as intrinsically                made all the more clear during this pan-
                                            support the PRO Act so that we can                      American as the right to vote. No man                  demic as nurses have been forced to struggle




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                                            H1144                                             CONGRESSIONAL RECORD — HOUSE                                                          March 9, 2021
                                            together for the most basic safety protec-                Abolishing these laws would force                      Economic security is inextricably linked
                                            tions at their hospitals and clinics. The for-          workers to participate in and pay dues                 to civil and human rights, and enabling
                                            mation of a union in the hospital not only              to unions, even if they don’t wish to be               working people to exercise the right to form
                                            offers protections to nurses and other health                                                                  unions and engage in meaningful collective
                                                                                                    represented or support a union’s polit-                bargaining is one of the most effective, effi-
                                            care workers, but just as importantly, it
                                            leads to health and safety protections that             ical philosophy.                                       cient, and comprehensive ways to promote
                                            improve patient care. For example, union or-              If my colleagues on the other side of                economic security for individuals and their
                                            ganizing has led to improvements in infec-              the aisle cared about workers’ rights,                 families. Unions allow working people to
                                            tious disease protocols, staffing levels, work-         why did this administration cancel the                 have a stronger voice to advocate for fair
                                            place violence prevention programs, and safe            Keystone Pipeline and open our borders                 wages, safer working conditions, and better
                                            patient handling programs, all of which di-             to a crisis?                                           workplace standards. A working person cov-
                                            rectly improve patient care.                              Additionally, this bill would strike                 ered by a union contract earns, on average,
                                              Attacks on unions and the right to                                                                           11.2 percent more in wages than a nonunion-
                                                                                                    down other worker protections, includ-                 ized worker in the same sector with similar
                                            unionize have hurt efforts to protect patient           ing their ability to hold secret ballot
                                            care in the hospital, and to improve the lives                                                                 education and experience, and the gains are
                                                                                                    elections and to be heard by the Na-                   even more pronounced for workers of color.
                                            of working families outside the hospital.
                                            While the latest Gallup poll shows support              tional Labor Relations Board, and                      Black workers, for example, earn 14 percent
                                            for unions at its highest point since 2003,             would create burdensome guidelines for                 more than their non-union counterparts, and
                                            with 65% of Americans approving of labor                determining joint employment and                       Latino workers earn 20 percent more. Unions
                                            unions, these attacks on unions and the                 independent contractor status.                         also help close race and gender wage gaps,
                                            right to organize have continued unabated.                We need to do more to support our                    and unionized workers enjoy safer work-
                                                                                                                                                           places, stronger health care benefits, more
                                            The PRO Act would provide the legislative               workers and businesses and do it in a
                                            reform needed to protect American workers.                                                                     predictable work schedules, greater access to
                                                                                                    bipartisan fashion.                                    paid sick days, and better retirement bene-
                                              The PRO Act would have a direct impact                  Mr. Speaker, I urge all of my col-
                                            on registered nurses and all other workers by                                                                  fits.
                                                                                                    leagues to oppose the prounion boss                      The benefits of unions have become even
                                            making the following improvements to cur-
                                            rent labor law:
                                                                                                    act.                                                   more pronounced during the COVID crisis.
                                              Prevent employers from interfering in                   Mr. SCOTT of Virginia. Mr. Speaker,                  Too many essential workers during this pan-
                                            union elections, including prohibiting em-              I yield 1 minute to the gentleman from                 demic have lacked basic protections on the
                                            ployers from holding captive audience meet-             California (Mr. TAKANO), a member of                   job, leading to thousands of working people
                                            ings;                                                   the Committee on Education and Labor                   becoming infected with the coronavirus,
                                              Facilitate first contracts by requiring me-                                                                  some dying as a result. Many sites of
                                                                                                    and chair of the Committee on Vet-                     coronavirus outbreaks during the pandemic
                                            diation and arbitration to settle disputes;             erans’ Affairs.
                                              Strengthen support for workers who suffer                                                                    were at workplaces that offered low-pay and
                                                                                                      Mr. TAKANO. Mr. Speaker, I thank                     limited, if any, benefits to workforces with
                                            retaliation and require the National Labor
                                            Relations Board (NLRB) to immediately
                                                                                                    the gentleman for yielding.                            large concentrations of people of color,
                                            seek an injunction to reinstate employees
                                                                                                      Over the years, Republicans and                      women, and immigrants—communities, who
                                            while their cases are pending;                          wealthy      corporate  interests   have               because of decades of systemic discrimina-
                                              Prevent employers from forcing employees              chipped away at labor rights, stripping                tion, have fewer resources to withstand a
                                            to waive their right to collective or class-ac-         workers of their power and worsening                   health emergency. Working people with a
                                            tion litigation;                                        economic inequality in the process.                    union, however, were better able to nego-
                                              Close loopholes in the federal labor law                Since March 2020, as the pandemic                    tiate enhanced health and safety measures,
                                            that allows employers to deny pay, benefits,                                                                   premium pay, and paid sick leave during this
                                                                                                    has ravaged our communities, billion-                  crisis. Research also shows that unionized
                                            or workers’ rights to employees;                        aires’ wealth has grown by $1.3 trillion.
                                              Put an end to the misclassification of em-                                                                   workers have felt less fearful speaking out
                                            ployees as supervisors or independent con-              Meanwhile, millions of Americans are                   about health and safety hazards on the job.
                                            tractors;                                               still unemployed, and working families                   Despite the right to form unions and col-
                                              Enhance the right to support boycotts,                are struggling to pay for food, rent,                  lectively bargain, attacks on unions have led
                                            strikes, and other acts of solidarity.                  medical bills, and other basic neces-                  to a decline in the share of working people
                                              This legislation is of high priority for reg-         sities.                                                covered by collective bargaining agreements
                                            istered nurses across the country, and we                 It is time to put an end to antiunion                over the past 40 years, a trend that has mir-
                                            hope you will join with us in supporting it by                                                                 rored the rise in income inequality in Amer-
                                                                                                    activities. They are illegal power grabs               ica. It is clear, however, that working people
                                            voting yes. If you have any questions, please
                                                                                                    by antilabor special interests that put                want to join unions. There is a 400 percent
                                            do not hesitate to contact our Lead Legisla-
                                            tive Advocate.
                                                                                                    profits over the needs of working peo-                 gap between the percentage of working peo-
                                                  Sincerely,                                        ple.                                                   ple who say they want a union—48 percent—
                                                             BONNIE CASTILLO, RN,                     On our path to economic recovery,                    and the percentage of unionized workers,
                                                               Executive     Director,              unions will offer us a way to build back               around 12 percent. Workers want unions be-
                                                                 National      Nurses               our middle class stronger than ever be-                cause they have seen how having a collective
                                                                 United.                            fore. Let’s pass this bill to give more                voice allows them to win better pay and ben-
                                                             DEBORAH BURGER, RN,                                                                           efits, stronger health and safety protections,
                                                                                                    power to American workers, reduce
                                                               President,    National                                                                      and more fairness on the job. The PRO Act
                                                                                                    economic inequality, and support                       would streamline the process for forming a
                                                                 Nurses United.                     working families.
                                                             ZENEI CORTEZ, RN,                                                                             union, ensure that new unions are able to ne-
                                                                                                      Mr. Speaker, I include in the RECORD                 gotiate a first collective bargaining agree-
                                                               President,    National
                                                                 Nurses United.
                                                                                                    the letter from The Leadership Con-                    ment, and hold employers accountable when
                                                             JEAN ROSS, RN,                         ference on Civil and Human Rights in                   they violate workers’ rights.
                                                                                                    support of the Protecting the Right to                   Though the National Labor Relations Act
                                                               President,    National
                                                                                                    Organize Act of 2021.                                  (NLRA) was meant to encourage collective
                                                                 Nurses United.
                                                                                                           THE LEADERSHIP CONFERENCE                       bargaining, in the 80 years since its passage,
                                              Ms. FOXX. Mr. Speaker, I yield 1                                                                             nearly every amendment to the law has
                                                                                                               ON CIVIL AND HUMAN RIGHTS,
                                            minute to the gentlewoman from Iowa                                                                            made it harder for working people to form
                                                                                                                 Washington, DC, March 8, 2021.
                                            (Mrs. MILLER-MEEKS).                                                                                           unions. This allows employers to take advan-
                                                                                                    Vote Yes on H.R. 842, the Protecting the
                                              Mrs. MILLER-MEEKS. Mr. Speaker,                                                                              tage of weaknesses in the law to undermine
                                                                                                        Right to Organize Act of 2021.
                                            I thank Dr. FOXX for yielding time for                                                                         the rights of working people, including firing
                                                                                                      DEAR REPRESENTATIVE, On behalf of The                pro-union workers, holding mandatory meet-
                                            me to speak today.                                      Leadership Conference on Civil and Human               ings to bash unions, and refusing to bargain
                                              Even though I have family members                     Rights, a coalition charged by its diverse             a first contract after a union is formed.
                                            who are members of unions, I rise                       membership of more than 220 national orga-             These hostile behaviors, which occur at the
                                            today to speak in opposition to H.R.                    nizations to promote and protect the civil             expense of the employee, are often without
                                            842, the PRO Act.                                       and human rights of all person in the United           consequence for the employer. The PRO Act
                                              The PRO Act is an unnecessary chal-                   States, we urge you to vote YES on H.R. 842,           seeks to remedy this imbalance by bol-




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                                            lenge to the rights of business owners                  the Protecting the Right to Organize (PRO)             stering workers’ rights and creating ac-
                                                                                                    Act of 2021. Protecting the right to collec-           countability for employers that engage in
                                            and workers alike. The legislation
                                                                                                    tively bargain is a top priority for the civil         anti-union behavior.
                                            would eliminate right-to-work laws                      and human rights community, and The Lead-                The PRO Act would reform existing labor
                                            across our country, and Iowa has one of                 ership Conference will include your vote on            laws and protect the right to join a union by:
                                            those. It is yet another attempt to at-                 H.R. 842 in our Voting Record for the 117th              Imposing stronger remedies when employ-
                                            tack States’ rights.                                    Congress.                                              ers interfere with workers’ rights. The PRO




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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                    H1145
                                            Act would institute civil penalties for viola-            This bill would abolish States’ right-                 Third, we are getting rid of the secret
                                            tions of the NLRA and would also require the            to-work laws, like ours in Tennessee.                  ballot. I don’t know how anybody who
                                            National Labor Relations Board (NLRB) to                This would force workers to give                       cares about anybody would get rid of
                                            go to court for an injunction to immediately                                                                   the secret ballot.
                                                                                                    money to unions from their hard-
                                            reinstate terminated workers if the NLRB
                                                                                                    earned paychecks, even if they don’t                     And, fourth, you have a situation
                                            believes an employer has illegally retaliated
                                            against workers for union activity. The PRO             want union representation.                             here, when it is unclear whether some-
                                            Act would also give workers the right to go               Where do these union contributions                   thing right or wrong happened, auto-
                                            to court on their own to seek relief, bringing          end up?                                                matically you go to a union. So you
                                            labor law in line with other workplace laws               Well, let me tell you: with left-wing                can have a situation here in which the
                                            that allow for a private right of action.               political activist groups. $1.6 billion—               majority of people did not vote for a
                                              Strengthening workers’ right to join a                and that is billion, with a B—in union                 union, and the government bureaucrat
                                            union and collectively bargain over working             member dues went to these groups be-                   says, automatically, you are unionized.
                                            conditions. The PRO Act would prohibit em-              tween 2010 and 2018 alone.                               And one final comment: For people
                                            ployers from holding mandatory anti-union                 Last week, the Democrats passed a                    talking about purchasing power, the
                                            meetings and engaging in other coercive                 bill to direct tax dollars to political                most recent COVID bill is a strange
                                            anti-union tactics. The law would establish a
                                                                                                    campaigns. And if that wasn’t enough,                  bill. Your purchasing power is going
                                            process for reaching a first agreement when
                                            workers organize, employing mediation, and              now they are trying to force more                      down.
                                            then, if necessary, binding arbitration. The            workers to pay union dues so union                       Mr. SCOTT of Virginia. Mr. Speaker,
                                            PRO Act would also allow employers and                  bosses have more cash to funnel as po-                 I yield 1 minute to the gentleman from
                                            unions to agree upon a ‘‘fair share’’ clause            litical donations to left-wing groups.                 New York (Mr. ESPAILLAT), a distin-
                                            requiring all workers who are covered by the              So let me ask you, America: Should                   guished member of the Committee on
                                            collective bargaining agreement to con-                 Members of Congress be able to tell                    Education and Labor.
                                            tribute a fair share fee towards the cost of            others how to do their jobs and who                      Mr. ESPAILLAT. Mr. Speaker, I in-
                                            bargaining and administering the agree-                 can employ you? I think not.                           clude in the RECORD a letter from the
                                            ment, even in so-called ‘‘right-to-work’’                 This bill is just another progressive                International Alliance of Theatrical
                                            states. The PRO Act will also help level the                                                                   Stage Employees.
                                                                                                    power grab, and American workers and
                                            playing field for workers by repealing the                                                                              INTERNATIONAL ALLIANCE OF
                                            prohibition on secondary boycotts and pro-              businesses deserve better.
                                                                                                      Mr. SCOTT of Virginia. Mr. Speaker,                            THEATRICAL STAGE EMPLOYEES,
                                            hibiting employers from firing workers dur-                                                                                     New York, NY, March 8, 2021.
                                            ing lawful strikes.                                     I yield 1 minute to the gentlewoman
                                                                                                                                                           Re H.R. 842, the Protecting the Right to Or-
                                              Unrigging the rules that are tilted against           from Pennsylvania (Ms. WILD), a dis-                       ganize (PRO) Act.
                                            workers. The PRO Act tightens the defini-               tinguished member of the Committee
                                                                                                                                                             DEAR REPRESENTATIVE: I write to you on
                                            tions of independent contractor and super-              on Education and Labor.                                behalf of the over 127,000 American members
                                            visor to help prevent misclassification and               Ms. WILD. Mr. Speaker, I rise in sup-                of the International Alliance of Theatrical
                                            make sure that all eligible workers can                 port of the most important pro-labor                   Stage Employees (IATSE) to urge you to
                                            unionize if they choose to do so. The PRO               legislation in several generations, the                support H.R. 842, the Protecting the Right to
                                            Act also makes clear that workers can have                                                                     Organize (PRO) Act, and to oppose any weak-
                                                                                                    Protecting the Right to Organize Act,
                                            more than one employer, and that both em-                                                                      ening amendments or motion to recommit
                                            ployers need to engage in collective bar-               otherwise known as the PRO Act.
                                                                                                      For far too long, the deck has been                  when the U.S. House of Representatives con-
                                            gaining over the terms and conditions of em-                                                                   siders the bill this week.
                                            ployment that they control or influence. To             stacked against the right to freely or-                  The IATSE proudly represents behind-the-
                                            create transparency in labor-management                 ganize and collectively bargain. We                    scenes workers in all forms of live theater,
                                            relations, the PRO Act would require em-                have seen the result. Despite massive                  motion picture and television production,
                                            ployers to post notices that inform workers             gains in productivity and economic                     trade shows and exhibitions, television
                                            of their NRLA rights and to disclose con-               growth, working- and middle-class                      broadcasting, and concerts, as well as the
                                            tracts with consultants hired to persuade               American workers’ purchasing power                     equipment and construction shops that sup-
                                            workers on how to exercise their rights.                                                                       port these areas of the entertainment indus-
                                                                                                    and real wages have barely moved from
                                              Through organizing, bargaining, litigation,                                                                  try. The ongoing COVID–19 pandemic has put
                                            legislative, and political advocacy, unions             where they were 40 years ago. Mean-                    millions out of work and threatens the safe-
                                            and the labor movement have played a sig-               while, the gains that were created by                  ty of countless others. Over the course of the
                                            nificant role in advancing the rights and in-           those workers have flowed overwhelm-                   last year, we have seen that belonging to a
                                            terests of people of color and women in the             ingly to the super wealthy at the very                 union can, quite literally, be the difference
                                            workplace and in our society overall. Unions            top.                                                   between life and death on the job. The time
                                            can best play this role when the right of                 Let’s level the playing field and give               to act is now.
                                            workers to organize and bargain is fully pro-           America’s workers a seat at the table.                   Labor unions are under assault, with poli-
                                            tected and can be freely exercised.                                                                            cies across the country undermining work-
                                                                                                    I urge my colleagues to vote ‘‘yes’’ on                ers’ collective bargaining rights and strip-
                                              Working people in America need—and have
                                            a right to enjoy—the benefits that result
                                                                                                    the PRO Act, and I urge the Senate to                  ping union workers of the wages, benefits,
                                            from collective bargaining and union mem-               pass it and get it to the President’s                  and retirement security they deserve. The
                                            bership. We urge you to vote yes on H.R. 842,           desk for signature.                                    PRO Act would help level the playing field in
                                            the Protecting the Right to Organize Act of               Ms. FOXX. Mr. Speaker, I yield 1                     an economy pillaged by inequality and anti-
                                            2021, to help ensure that working people are            minute to the gentleman from Wis-                      worker legislation and would make the free-
                                            paid fairly, treated with dignity, and have a           consin (Mr. GROTHMAN).                                 dom to negotiate collectively a reality for
                                            voice on the job.                                         Mr. GROTHMAN. Mr. Speaker, I will                    millions of American workers.
                                                  Sincerely,                                                                                                 The PRO Act, which passed the House with
                                                                                                    make four points on this bill.                         bipartisan support last year, will restore the
                                                             WADE HENDERSON,                          First of all, under this bill, you can
                                                               Interim President and                                                                       original intent of the National Labor Rela-
                                                                                                    have a vote on unionization within                     tions Act (NLRA), which was to give work-
                                                                 CEO.
                                                                                                    under 15—I am told even 11—days of                     ing people a voice on the job so they can ne-
                                                             LASHAWN WARREN,
                                                               Executive Vice Presi-                finding out the vote is coming. You                    gotiate for higher wages, better benefits, a
                                                                 dent for Government                look at our elections. I know in the                   safe workplace and protection against dis-
                                                                 Affairs.                           State of Wisconsin, probably similar,                  crimination.
                                                                                                                                                             Among its key provisions, the PRO Act
                                                                                                    you get over 21⁄2 months between filing
                                                             b 1315                                 and knowing you are going to have an
                                                                                                                                                           gives the National Labor Relations Board
                                                                                                                                                           (NLRB) authority to ensure employers not
                                              Ms. FOXX. Mr. Speaker, I yield 1                      election and actually the election. It is              only negotiate in good faith but incur finan-
                                            minute to the gentlewoman from Ten-                     hard to believe anybody who really                     cial and legal penalties for union-busting.
                                            nessee (Mrs. HARSHBARGER.)                              cares about the worker would do that.                  The status quo gives employers perverse in-
                                              Mrs. HARSHBARGER. Mr. Speaker, I                        Secondly, your privacy concerns. You                 centives to lie, threaten, and coerce workers




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                                            rise today in opposition to the PRO                     are even giving the addresses of all of                out of joining a union. They routinely fire
                                            Act.                                                    the employees to the unions. This is                   union supporters and force workers to attend
                                                                                                                                                           mandatory ‘‘captive audience meetings’’
                                              The bill is nothing more than a pay-                  supposedly the party of women. Do you
                                                                                                                                                           where they slander union membership.
                                            off to union bosses at the expense of                   really want to come home at night and                    Too often, when workers choose to form a
                                            the American workers and our busi-                      have people in your driveway wanting                   union, employers stall the bargaining proc-
                                            nesses.                                                 to talk to you about an election?                      ess to avoid reaching an agreement. The




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                                            H1146                                             CONGRESSIONAL RECORD — HOUSE                                                        March 9, 2021
                                            PRO Act would establish a process for medi-               To be clear, I have never opposed                    consistently providing workers with 10
                                            ation and arbitration to help the parties               union rights to organize. In fact, I have              to 20 percent higher wages, benefits so
                                            achieve a first contract. Employers would               worked with them on some valid                         strong that even nonunion workers re-
                                            also be prohibited from hiding behind sub-
                                                                                                    issues. However, this bill, among its                  ceive better wages.
                                            contractors, or deliberately misclassifying
                                            employees as independent contractors, to                many concerning provisions, denies                       Unions deliver greater access to af-
                                            evade their responsibilities of providing a             States’ rights.                                        fordable healthcare and a secure retire-
                                            livable wage, health benefits, or safe work               As a former State senator, I believe                 ment. Workers represented by a union
                                            environment.                                            it is unconstitutional to deny my State                are significantly more likely to have
                                              The bill protects the right to strike and             of Indiana and our constituents the                    access to health insurance through
                                            makes it illegal for bosses to fire and replace         ability to decide for themselves wheth-                work and five times as likely to have a
                                            workers who walk off the job in protest of              er to join a union.
                                            better conditions. Workers must be allowed
                                                                                                                                                           defined benefit pension—and that, with
                                                                                                      In short, the PRO Act is an                          Mr. SCOTT’s leadership, is a significant
                                            to picket and withhold their labor in order             antibusiness, antiworker, and antifree
                                            to have the power necessary to improve their                                                                   part of the American Rescue Plan,
                                                                                                    enterprise socialist agenda. I urge my                 which we will pass either later today,
                                            workplaces.
                                              Finally, this crucial piece of legislation            colleagues to vote against this radical                depending on how long it takes in the
                                            eliminates the ‘‘right-to-work’’ laws of the            bill.                                                  Rules Committee, or tomorrow at the
                                            Jim Crow era that enable union ‘‘free riders’’            Mr. SCOTT of Virginia. Mr. Speaker,
                                                                                                                                                           latest.
                                            and ultimately put lives at risk. Each year,            I yield 1 minute to the gentlewoman
                                            dubious special interest groups and their bil-          from California (Ms. PELOSI), the                        Vitally, unions are a force for justice.
                                            lionaire funders push these laws to give cor-           Speaker of the United States House of                  Union members of color have almost
                                            porations even greater power at the expense             Representatives.                                       five times the median wealth of their
                                            of American workers. The last seven decades               Ms. PELOSI. Mr. Speaker, as we                       nonunion counterparts, and unions are
                                            have shown that people in states with right-            gather here today to pass the PRO Act,                 one of the most effective tools for clos-
                                            to-work laws receive lower wages and re-                                                                       ing the gender pay gap. That is some-
                                                                                                    we are engaged in a great act of patri-
                                            duced access to quality health care and re-                                                                    thing I am so proud of and so grateful
                                            tirement security.                                      otism for our country.
                                                                                                      The middle class is the backbone of                  to organized labor for, because they
                                              The passage of the PRO Act is an impor-
                                            tant step to rebuilding America’s working               our democracy. The middle class in                     have done more to close the gender pay
                                            class, not just from the policy failures of the         America has a union label on it. So as                 gap than any organization you can
                                            last few decades, but also the ongoing                  we move to strengthen collective bar-                  name, except possibly, pretty soon,
                                            COVID–19 pandemic. This crisis has shown                gaining and the rest, we are strength-                 this Congress may vote to have equal
                                            the importance of having a voice in the                 ening our middle class and our democ-                  pay for equal work. That is something
                                            workplace and support for labor unions is at            racy. For that reason, I rise with great               we have passed in the House; hopefully,
                                            a historic high. Recent studies have found                                                                     we can pass it in the Senate.
                                            that nearly half of all nonunion workers,
                                                                                                    pride as the House takes this historic
                                            more than 60 million people, would join a               patriotic step forward for our workers                   Yet today, unions face a brutal and
                                            union today if given the chance. This is that           and for justice and fairness in America.               existential assault waged from court-
                                            chance. That is why I urge you to support                 I thank Chairman BOBBY SCOTT, the                    houses, State houses, and even this
                                            the PRO Act when it comes before you for a              chair of the Education and Labor Com-                  House: from the disastrous Supreme
                                            vote on the House floor.                                mittee, for his leadership in the PRO                  Court ruling in Janus, which trampled
                                              Thank you for the opportunity to provide              Act, among other things, and his life-                 over the freedoms of more than 17 mil-
                                            input.                                                  long dedication to fighting for working                lion public workers; to so-called right-
                                                  Sincerely,
                                                                                                    families.                                              to-work laws, which give employers the
                                                                  MATTHEW D. LOEB,
                                                                  International President.
                                                                                                      That is what unifies us as Democrats.                right to gut unions; to the GOP tax
                                                                                                    With all of our differences, our unity                 scam, giving 83 percent of the benefits
                                              Mr. ESPAILLAT. Mr. Speaker, the                       springs from our commitment to mak-                    to corporations and the wealthy and
                                            PRO Act puts workers first.                             ing progress for America’s working                     raising taxes on 86 million middle-class
                                              During the COVID–19 pandemic, al-                     families.                                              families.
                                            most all of the critical sectors of our                   This progress is possible, because just
                                            economy that have remained open and                                                                              Let me just say that that GOP tax
                                                                                                    over 4 months ago, Americans went to                   scam, which cost about $1.9 trillion—I
                                            functioning have relied on union labor                  the polls and elected President Biden, a
                                            and union workers. They are our front-                                                                         will talk about this later, but I want to
                                                                                                    champion of workers, whose commit-                     mention it here every chance I get.
                                            line workers.                                           ment to families’ health and financial
                                              We depend on frontline workers in                                                                            Their tax scam cost about $1.9 trillion,
                                                                                                    security is in his DNA.                                exactly what this bill invests in, and
                                            our hospitals, in our transit systems,                    The elected Democratic majorities in
                                            in our classrooms, our schools, in our                                                                         this bill takes half the kids in America
                                                                                                    Congress know that unions are the                      who are poor, out of poverty, a third of
                                            essential businesses, like supermarkets                 backbone of our Nation. And as I have
                                            and corner stores. Frontline workers                                                                           the people in poverty out of poverty,
                                                                                                    said for many years, the middle class                  invests in working-class families, puts
                                            are, indeed, essential workers.                         has a union label on it. It bears repeat-
                                              Every time you go to any of my                                                                               vaccines in people’s arms, children
                                                                                                    ing.                                                   back in school safely, money in peo-
                                            neighborhoods in Harlem, East Harlem,                     Now, House Democrats are honoring
                                            Hamilton        Heights,     Washington                                                                        ple’s pockets, and, again, people back
                                                                                                    that truth by, tomorrow, passing the
                                            Heights, Inwood, and the northwest                                                                             to work. It is something that will grow
                                                                                                    American Rescue Plan, which honors
                                            Bronx, you find these essential work-                                                                          the economy, as opposed to their tax
                                                                                                    our heroes, healthcare workers, first
                                            ers, 24/7, working to support their fami-                                                                      scam, which just heaped mountains of
                                                                                                    responders, transportation, sanitation,
                                            lies and our communities.                                                                                      debt onto future generations.
                                                                                                    food workers, and our teachers, many
                                              The PRO Act puts workers first with                   of them members of unions.                               They didn’t complain when it cost
                                            the respect and protections and secu-                     Today, we are passing the crown                      $1.9 trillion to give a tax break to the
                                            rity that they deserve. I urge my col-                  jewel of our pro-worker agenda, the                    rich. They are just complaining when
                                            leagues to support the PRO Act. No                      PRO Act.                                               we are trying to lift the American peo-
                                            more lip service. No more empty prom-                     Again, under the American Rescue                     ple up in the time of a pandemic, as
                                            ises. Let’s vote for the PRO Act today.                 Plan, we have a very significant provi-                well as the economic crisis that accom-
                                              Ms. FOXX. Mr. Speaker, I yield 1                      sion for pensions.                                     panies it.
                                            minute to the gentlewoman from Indi-                      The PRO Act restores and strength-                     At the same time of all this, workers
                                            ana (Mrs. SPARTZ).                                      ens the powers of unions to fight for                  seeking to organize a union face a




dlhill on DSK120RN23PROD with HOUSE
                                              Mrs. SPARTZ. Mr. Speaker, today, I                    better wages and working conditions,                   surge of intimidation and retaliation
                                            rise in opposition to H.R. 842.                         which is both a moral and economic                     from the employers and special inter-
                                              Like many other bills in this Con-                    imperative for building back better—                   ests. In fact, employers are charged
                                            gress, the majority has rushed this bill                building back our economy better.                      with violating Federal law in the ma-
                                            to the floor with no deliberation in                      Unions pave the way for bigger pay-                  jority of all union election campaigns
                                            committee.                                              checks for all, over the last 80 years,                involving more than 60 employees. In



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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                    H1147
                                            one out of five union election cam-                     agonize, we organize, we unionize,’’ be-               talist system. I rise to ask bipartisan
                                            paigns, employers are charged with il-                  cause that is the way that we are going                support of this important legislation.
                                            legally firing a worker participating in                to level the playing field for America’s                 Mr. Speaker, I include in the RECORD
                                            a union activity. Year in and year out,                 workers.                                               a letter of support for this legislation
                                            big corporate employers get away with                     For America’s workers and middle                     from the United Food and Commercial
                                            their crimes. No accountability, no                     class and for the financial security of                Workers International Union.
                                            consequence; just full impunity.                        all Americans, I urge a strong bipar-                                                  UFCW,
                                              We must strengthen the power of                       tisan vote on the PRO Act.                                           Washington, DC, March 8, 2021.
                                            unions to negotiate for what they need                    I thank the gentleman again, our dis-                     TO ALL MEMBERS OF THE UNITED STATES
                                            and deserve, which is why, today, we                    tinguished chair, Mr. SCOTT, for his                                     CONGRESS

                                            are passing the PRO Act, because what                   leadership.                                            Re   UFCW Action: Vote YES on H.R.
                                            they need and deserve is what Amer-                       Ms. FOXX. Mr. Speaker, we know                           8421 | Protecting the Right to Organize
                                                                                                    that hyperbole is the strong suit of                       (PRO) Act.
                                            ica’s workers need and deserve.                                                                                   DEAR SENATOR AND/OR REPRESENTATIVE: On
                                              The most comprehensive, consequen-                    Democrats, but how anyone can say                      behalf of the 1.3 million members of the
                                            tial pro-worker legislation in over 80                  that giving freedom to workers to join                 United Food and Commercial Workers Inter-
                                            years, the PRO Act empowers workers                     or not join a union is trampling the                   national Union (UFCW), I urge you to vote
                                            to exercise their basic right to orga-                  rights of workers takes hyperbole to                   ‘‘yes’’ on the Protecting the Right to Orga-
                                            nize, including by giving workers the                   new heights.                                           nize Act when it comes to the House floor
                                            power to override right-to-work laws                      Mr. Speaker, I yield 1 minute to the                 and oppose any motions to reconsider or
                                            and streamlining access to justice for                  gentleman      from     Kentucky   (Mr.                weaking amendments. UFCW members are
                                                                                                    COMER).                                                essential frontline workers risking their
                                            workers who are retaliated against.                                                                            lives to keep food on our tables, grocery
                                              It holds employers accountable, re-                     Mr. COMER. Mr. Speaker, I rise to
                                                                                                                                                           shelves stocked, and our prescriptions filled
                                            versing an unacceptable status quo in                   voice my strong opposition to this bill,               during this pandemic. By strengthening the
                                            which there are no monetary penalties                   which would cripple American entre-                    right to organize, collectively bargain, and
                                            for companies that violate workers’                     preneurs and workers, just the opposite                keep our workplaces safe, the PRO Act will
                                            rights, no matter how repeated or egre-                 of what we should be doing to stimu-                   provide a better life for our current and fu-
                                            gious the violation.                                    late an economy.                                       ture members. We will be scoring this vote.
                                                                                                      Workers already have the right to or-                   Workers face many difficulties on the job
                                                              b 1330                                ganize under Federal law, as they                      including hazardous working conditions, di-
                                               And it strengthens workers’ access to                                                                       minishing value of benefits, and stagnating
                                                                                                    should, but the PRO Act takes the ex-
                                                                                                                                                           wages. The best way for workers to increase
                                            fair and free union elections, fixing a                 treme step of forcing unionization onto                workplace safety, wages, and benefits is to
                                            process that is fundamentally rigged                    workers who do not wish to be a part of                form a union—however, the right to organize
                                            against workers so that they, not em-                   a union.                                               has been eroded. The PRO Act would mod-
                                            ployers, can decide for themselves                        And just like the recent $2 trillion                 ernize the National Labor Relations Act
                                            whether to join a union.                                spending spree, Democrats are ram-                     (NLRA) to strengthen the rights of workers
                                               This legislation will make a tremen-                 ming this partisan bill through with no                to organize, place meaningful penalties on
                                            dous difference in workers’ lives, help-                Republican input. We didn’t even have                  employers who violate workers’ rights, and
                                            ing combat the acceleration of eco-                                                                            return power to workers to bargaining for
                                                                                                    a committee hearing to examine its
                                                                                                                                                           fairer wages, benefits, and working condi-
                                            nomic inequality that undermines the                    harmful effects, including an estimated                tions.
                                            middle class, which has only grown                      $47 billion on job creators.                              The UFCW believes that restoring our mid-
                                            worse over the past year.                                 Unfortunately, one of my common-                     dle class is dependent on strengthening the
                                               In this past year, the rich have got-                sense amendments—to preserve a long-                   collective strength of workers to negotiate
                                            ten so much richer. Let me tell you                     standing ban on secondary boycotts—                    for better pay and benefits. Please vote
                                            how much. During the first 4 months of                  was blocked by the Democrat majority.                  ‘‘yes’’ on the PRO Act and help us build an
                                            the pandemic, while workers suffered                      Democrats would be wise to heed                      economy that works for all working families.
                                            record high unemployment, Mr. Speak-                    President Biden’s message of unity and                        Sincerely,
                                                                                                                                                                             ANTHONY M. PERRONE,
                                            er, American billionaires’ wealth grew                  work with Republicans to help our                                          International    Presi-
                                            by $931 billion. Extraction of money to                 economy. Instead, they are back this                                         dent.
                                            the top.                                                week with more partisan bills designed                                   SHAUN BARCLAY,
                                               The PRO Act is part of the Demo-                     to appease left-wing special interest                                      International      Sec-
                                            crats’ mission not only to recover from                 groups. American workers deserve bet-                                        retary-Treasurer.
                                            this time of crisis, but to Build Back                  ter.                                                     Ms. FOXX. Mr. Speaker, may I in-
                                            Better, advancing an economy that                         Mr. SCOTT of Virginia. Mr. Speaker,                  quire as to how much time remains on
                                            works for every American in every ZIP                   I yield 1 minute to the gentleman from                 each side?
                                            Code.                                                   New York (Mr. BOWMAN), the vice chair                    The SPEAKER pro tempore. The gen-
                                               As the AFL–CIO, representing over 12                 of the Committee on Education and                      tlewoman from North Carolina has 14
                                            million workers, writes, ‘‘In the midst                 Labor.                                                 minutes remaining, and the gentleman
                                            of a global pandemic, which has killed                    Mr. BOWMAN. Mr. Speaker, we live                     from Virginia has 141⁄2 minutes remain-
                                            tens of thousands of frontline workers,                 in a country where CEOs can make as                    ing.
                                            it is more important than ever that                     much as 320 times what their workers                     Ms. FOXX. Mr. Speaker, I yield 1
                                            working people have the right to rely                   make. We live in a country where 1 per-                minute to the gentleman from Idaho
                                            on the protection of a union contract.                  cent—the top 1 percent economically                    (Mr. FULCHER).
                                            The PRO Act will level the playing                      controls more wealth than the bottom                     Mr. FULCHER. Mr. Speaker, I rise in
                                            field to give workers a fair shot when                  90 percent of our country. We live in a                opposition to H.R. 842, the so-called
                                            fighting for improvements on the job                    country where three individuals own                    PRO Act. This bill undermines worker
                                            . . . The PRO Act is the first step to re-              more wealth than the bottom 50 per-                    privacy, forces independent contractors
                                            storing our middle class.’’                             cent of our Nation. In a democracy                     to become employees, and overturns
                                               As we pass the PRO Act, Democrats                    with a Constitution such as ours, this                 right-to-work laws in 27 States, includ-
                                            will continue our work to pass a $15                    economic inequality cannot stand.                      ing my home State of Idaho.
                                            minimum wage, secure paycheck fair-                       The PRO Act seeks to empower                           The bill obstructs workers from get-
                                            ness for women—that is coming up in a                   workers, workers who built this coun-                  ting rid of corrupt unions by blocking
                                            couple of weeks—protect pensions—to-                    try with their blood, sweat, and tears,                or delaying elections from taking place




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                                            morrow—and lower healthcare costs                       who work overtime and extra time and                   due to frivolous lawsuits.
                                            and increase paychecks for all.                         weekends and do not take a vacation so                   Now, I have an amendment. It is un-
                                               I have a sweater that one of my                      that our economy can thrive. The PRO                   likely to see the light of day. So I will
                                            friends gave me, and it says ‘‘We don’t                 Act gives workers the opportunity to                   mention it here. It protects the work-
                                            agonize, we organize.’’ So I want to                    unionize and organize without being                    er’s right to vote. Under my amend-
                                            also embroider on there, ‘‘We don’t                     oppressed within the plantation capi-                  ment, if an unfair labor practice charge



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                                            H1148                                             CONGRESSIONAL RECORD — HOUSE                                                        March 9, 2021
                                            is made, the election still takes place,                   The PRO Act strengthens enforcement of              entrenched corporate power, and as
                                            with ballots secured by the National                    the NLRA in other important ways. For ex-              members of this very body dare to de-
                                            Labor Relations Board until the charge                  ample, the PRO Act allows workers to exer-             bate the need for a $15 minimum wage.
                                                                                                    cise First Amendment rights to free speech
                                            is resolved.                                                                                                     This is also an issue of racial justice.
                                                                                                    against so-called secondary employers. It
                                              Now, make no mistake, H.R. 842                        strengthens workers’ and unions’ representa-           History shows that unions help to re-
                                            would still be a bad bill, but at least                 tional rights and protects immigrants’ labor           duce the racial wage gap by empow-
                                            my amendment would ensure union                         rights. Significantly, it adopts the so-called         ering Black and Brown workers to
                                            elections take place as scheduled,                      ABC test for distinguishing employees from             fight for better pay and better working
                                            prioritizing worker rights over the                     independent contractors. Under the Bill, a             conditions; but, due to Republican poli-
                                            unionization process.                                   person is an independent contractor only if            cies, much of that progress has been
                                              Mr. SCOTT of Virginia. Mr. Speaker,                   the individual is free from the employer’s             lost.
                                                                                                    control and direction, the service is outside            Today, we are seeing the increasing
                                            the gentleman’s amendment was made
                                                                                                    the normal course of the employer’s busi-
                                            in order, so we will be considering it.                 ness, and the individual is customarily en-
                                                                                                                                                           exploitation of workers of color.
                                              Mr. Speaker, I yield 1 minute to the                  gaged in an independently established trade            Antiunion policies have hurt Black and
                                            gentlewoman from North Carolina (Ms.                    or business. H.R. 842 will also prevent em-            Brown workers the most. Today, people
                                            ADAMS), the chair of the Workforce                      ployers from misclassifying workers as su-             of color are the most likely to be ex-
                                            Protections Subcommittee.                               pervisors and will establish that employers            ploited by greedy corporations.
                                              Ms. ADAMS. Mr. Speaker, I rise                        with control over employees are held respon-             We cannot achieve racial justice
                                            today in support of H.R. 842, the Pro-                  sible for their actions in the workplace, in-          without economic justice, and we can’t
                                            tecting the Right to Organize Act.                      cluding users of temp agencies. This address-          achieve economic justice without pro-
                                                                                                    es an important circumstance, since three
                                              Workers, especially people of color,                                                                         tecting all of our workers and their
                                                                                                    million people are employed daily by temp
                                            built this country, and they have kept                  agencies. The PRO Act would also ban cap-              right to organize.
                                            it afloat. Never has that truth been                    tive audience meetings, giving workers the               Mr. Speaker, I strongly support this
                                            more evident than now, as we grapple                    power and freedom to decide for themselves             proworker bill, and I urge my col-
                                            with the COVID–19 pandemic.                             if union representation is right for them. Im-         leagues to vote ‘‘yes.’’
                                              Despite their essential roles in our                  portantly, the PRO Act would push back on                Ms. FOXX. Mr. Speaker, I yield 2
                                            society, though, we have seen workers’                  the recent so-called right to work laws,               minutes to the gentleman from Michi-
                                            rights systematically suppressed for                    which harm unions and our members, by al-              gan (Mr. WALBERG).
                                                                                                    lowing unions to recover fair share fees cov-            Mr. WALBERG. Mr. Speaker, I rise
                                            decades, including the fundamental
                                                                                                    ering the costs of collective bargaining and
                                            right to ban together to organize and                   representation.
                                                                                                                                                           today in strong opposition to H.R. 842,
                                            to advocate for fair treatment, for fair                   For these reasons, and for the many other           the prounion bosses’ act.
                                            pay, and benefits for safe and healthy                  improvements to labor law in the Bill,                   First off, Americans have the right
                                            work environments, and for the respect                  LIUNA supports the PRO Act and asks you                to organize and join a union if they
                                            and dignity they are due as working                     to vote yes when it comes to the House floor.          choose to do so, and United States law
                                            people, let alone the backbone of our                      With kind regards, I am                             has protected this freedom for over 80
                                            economy.                                                      Sincerely yours,                                 years.
                                                                                                                         TERRY O’SULLIVAN,                   My father was a machinist and a
                                              But, Mr. Speaker and colleagues,
                                                                                                                               General President.
                                            let’s be clear. This is not just about                                                                         union organizer for part of his career,
                                            fairness. It is about justice, economic                   Ms. FOXX. Mr. Speaker, I yield 1                     and I worked for a time at U.S. Steel
                                            justice. Workers, especially women and                  minute to the gentlewoman from Cali-                   South Works on the south side of Chi-
                                            people of color, have driven economic                   fornia (Mrs. STEEL).                                   cago, a union steelworker.
                                            growth in this country, but have seen                     Mrs. STEEL. Mr. Speaker, I rise                        Unions have and can still play a valu-
                                            the fruit of their labor concentrating                  today against the PRO Act.                             able role in our Nation’s workforce.
                                            and accumulating in the hands of the                      The PRO Act strips people of their                   However, any reforms we make to our
                                            wealthiest. In other words, their work,                 right to work and comes at a time                      labor laws should put workers first.
                                            their sacrifice has not trickled down.                  when our economy has been trans-                       Unfortunately, the radical, partisan
                                              Enough is enough. Workers deserve                     formed by the COVID–19 pandemic.                       legislation we are considering today
                                            their share. They deserve justice. I                    Now more than ever, people need more                   grants unprecedented power to union
                                            strongly support this bill.                             flexibility and independence to work in                leaders at the expense of workers.
                                              Mr. Speaker, I include in the RECORD                  the capacity they see fit, not less.                     We have seen what can happen when
                                            a letter from the Laborers’ Inter-                        Independent      contractors,     entre-             union leaders abuse the trust of their
                                            national Union of North America.                        preneurs, and small businesses in my                   rank-and-file members. Most recently,
                                                                             LIUNA!,                home State of California already un-                   a Federal investigation into the United
                                                           Washington, DC, March 8, 2021.           derstand the devastating effects AB–5                  Autoworkers revealed an extensive and
                                            HOUSE OF REPRESENTATIVES,                               had on their ability to provide for their              long-lasting effort by two former UAW
                                            Washington, DC.                                         families. Even in California, they real-               presidents and their subordinates to
                                              DEAR REPRESENTATIVE: On behalf of the                 ized there needed to be exceptions for                 embezzle over $1.5 million in UAW
                                            500,000 members of the Laborers’ Inter-
                                                                                                    certain industries. The PRO Act makes                  money for their personal benefit.
                                            national Union of North America (LIUNA), I
                                            write to ask you to support H.R. 842, the Pro-          no such exceptions.                                      Sadly, the sweeping proposals of this
                                            tecting the Right to Organize (PRO) Act,                  The blanket approach that proved to                  bill will only increase the likelihood of
                                            when it comes to the House floor for a vote.            be a disaster in California is certainly               abuse similar.
                                            The right to join a union is critical to ensure         guaranteed to cause more harm to                         Mr. Speaker, the hardworking fami-
                                            that workers receive fair pay and benefits              workers at the national level.                         lies we represent deserve better than
                                            and safe jobsites. The PRO Act will expand                Mr. Speaker, I urge my colleagues to                 the legislation before us. Let’s elevate
                                            the National Labor Relations Act (NLRA) to              vote ‘‘no’’ on this misguided legislation              and protect the rights of workers with
                                            ensure that workers and unions have real,
                                                                                                    and to preserve our constituents’                      a union that serves them instead of tip-
                                            enforceable protections under the law.
                                              One of the most significant problems with             rights to work.                                        ping the scales against them in favor of
                                            the NLRA is the absence of effective rem-                 Mr. SCOTT of Virginia. Mr. Speaker,                  special interests and union leaders who
                                            edies for workers against employers who                 I yield 1 minute to the gentleman from                 serve themselves.
                                            break the law. Often, employers fire union              New York (Mr. JONES), a distinguished                    Mr. Speaker, I urge opposition to
                                            supporters to defeat union organizing efforts,          member of the Committee on Edu-                        H.R. 842.
                                            knowing that the penalty is low, only lost              cation and Labor.                                        Mr. SCOTT of Virginia. Mr. Speaker,




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                                            wages, and even that is reduced by the                    Mr. JONES. Mr. Speaker, I rise in                    reference was made to union officials
                                            amount the worker earns on any other work
                                                                                                    support of the PRO Act, which protects                 at the UAW. They were caught and
                                            that he or she finds after getting fired. H.R.
                                            842 will address this serious problem by au-            a worker’s right to join a union.                      prosecuted under present law. The
                                            thorizing the National Labor Relations                    This is not just an issue of economic                Trump administration that prosecuted
                                            Board (NLRB) to impose penalties of up to               justice, as we seek to restore power to                them did not make any recommenda-
                                            $50,000 for unfair labor practices.                     the people, as we experience an era of                 tions for changes in the law.



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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                   H1149
                                              Mr. Speaker, I am proud to yield 1                    tally important to pass the PRO Act to pro-              Real monetary penalties and personal li-
                                            minute to the gentlewoman from Ne-                      vide for real penalties to corporate and exec-         ability—including jail time, as President
                                            vada (Ms. TITUS).                                       utive wrongdoing when it comes to worker               Biden has argued—are what will make cor-
                                                                                                    rights.                                                porate decision makers understand that it is
                                              Ms. TITUS. Mr. Speaker, I stand in                      In September 2012, the National Labor Re-            the national policy of the United States, en-
                                            favor of the PRO Act. And what a per-                   lations Board ruled that Station Casinos               shrined in the National Labor Relations Act,
                                            fect acronym it is, because this bill is,               broke the law dozens of times in its initial           to encourage unionization and collective
                                            indeed,     proworker,     procapitalism,               response to worker organizing at its Las               bargaining. With the PRO Act, we can begin
                                            proeconomic      recovery,     profamily,               Vegas casinos. As a remedy, the NLRB re-               to modernize our legal system to advance
                                            prowomen, just pro-American.                            quired the company to post a notice at all its         American workers’ rights to organize and
                                                                                                    properties promising not to do so again.               collectively bargain in accordance with that
                                              I am proud to represent a State with
                                                                                                    Given this mere slap on the wrist by the gov-          national policy.
                                            a large union presence, a large orga-                   ernment, it is perhaps unsurprising that Sta-            I urge you to vote Yes on the PRO Act.
                                            nized labor presence that has over                      tion Casinos would continue to use certain of                Sincerely,
                                            161,000 union members, just as I am                     the same tactics to oppose unionization that                                        D. TAYLOR,
                                            proud to vote for this bill.                            it promised it would not engage in.                                                      President.
                                              We have seen firsthand how unions                       Notwithstanding their employer’s opposi-
                                                                                                    tion, Station Casinos workers persevered and             Ms. FOXX. Mr. Speaker, I yield 1
                                            enable workers to have better pay, bet-                                                                        minute to the gentleman from Virginia
                                                                                                    won NLRB-conducted representation elec-
                                            ter benefits, better working conditions.                tions at several of the companies’ properties.         (Mr. GOOD).
                                            Unions also help address the gender                     They did so amidst Station Casinos’ ongoing              Mr. GOOD of Virginia. Mr. Speaker,
                                            wage gap and promote diversity. In-                     anti-union campaign: at Boulder Station,               unions make American companies less
                                            deed, they are the tide that lifts all                  67% of workers voted Yes to joining the                efficient, less profitable, less competi-
                                            ships; yet, across the country, the right               union in September 2016; 78% voted Yes for             tive, and they cost American jobs.
                                            to unionize has come under assault.                     the union at Green Valley Ranch Casino in
                                                                                                                                                             I actually worked in a unionized auto
                                              In the face of these attacks, the PRO                 November 2017; 83% voted Yes at Palms Ca-
                                                                                                    sino in April 2018; 82% voted Yes at Sunset            factory during college, and I saw the
                                            Act is the strongest upgrade to work-                                                                          problems with unions firsthand.
                                                                                                    Station in June 2019; 85% voted Yes at Fiesta
                                            ers’ collective bargaining rights in                    Rancho Casino in June 2019; and 57% voted                Unions protect the unproductive
                                            nearly a century.                                       Yes at Fiesta Henderson Casino in Sep-                 worker; diminish the incentive to
                                                             b 1345                                 tember 2019.                                           stand out and be exceptional; treat ev-
                                                                                                      But these election victories have not led to         eryone the same based on seniority; en-
                                              It will empower workers to exercise                   bargaining victories. Station Casinos refused
                                                                                                                                                           courage an entitlement mentality; and
                                            their rights and hold employers ac-                     to accept the results of several of these land-
                                                                                                                                                           foster an attitude of resentment to-
                                            countable when they try to stand in                     slide results. Instead it mounted a time-con-
                                                                                                    suming litigation campaign through the                 ward management.
                                            the way.                                                                                                         They have outlived their value from
                                                                                                    NLRB and, in two instances, the courts,
                                              I include in the RECORD a letter from                 seeking to overturn workers’ democratic                when they originated to correct what
                                            UNITE HERE also in support of the                       choices. It did so despite public statements           are now unfair and unlawful labor prac-
                                            PRO Act.                                                that it would respect the results of NLRB              tices.
                                                                     UNITEHERE!,                    elections.                                               Every employee should be inspired to
                                                           OFFICE OF THE PRESIDENT,                   Even after Station Casinos stopped liti-
                                                            Las Vegas, NV, March 9, 2021.           gating election results and started to nego-
                                                                                                                                                           progress within an organization with-
                                            Re Support the PRO Act (H.R. 842).                      tiate with the union, it has made massive              out at some point stepping over to the
                                            HOUSE OF REPRESENTATIVES,                               unilateral changes in what the Union alleges           dark side because they become stig-
                                            Washington, DC.                                         is an effort to frustrate the possibility of           matized as a member of management.
                                              DEAR REPRESENTATIVE: I urge you to sup-               reaching collective bargaining agreements.               The PRO Act is an example of gov-
                                            port the Protecting the Right to Organize               While the Union expects that the NLRB’s                ernment, or this very Congress, em-
                                            (PRO) Act, H.R. 842. Like President Biden,              Acting General Counsel’s office will do ev-            ploying its own union boss tactics to
                                            the workers we organize in the casino, hotel,           erything in his power to address these al-             try to reverse the Nation’s downward
                                            and food service industries believe the union           leged unfair labor practices, he still has no
                                                                                                    better remedies available to him than when
                                                                                                                                                           trend in union membership.
                                            is the path to the middle class. The PRO Act                                                                     It is no coincidence that unions are
                                            will remove many obstacles to joining a                 Station Casinos was first cited with
                                                                                                    lawbreaking in 2012.                                   among the biggest contributors to the
                                            union and achieving a union contract
                                            through collective bargaining. It will give               Years of facing no real consequences cul-            Democrat party with over $200 million
                                            millions of workers a real opportunity to lift          minated in a frenzied campaign by Station              given last year alone.
                                            up themselves and their families into the               Casinos to stop workers at its largest prop-             Every State should be a right-to-
                                            American middle class.                                  erty, Red Rock Resort, from voting for the             work State, and that is what we should
                                                                                                    union in December 2019. The company’s ac-
                                              One of the most significant provisions of                                                                    encourage instead of trying to force
                                                                                                    tion was so brazen and egregious that the
                                            the PRO Act is to introduce meaningful, en-                                                                    union membership on the Nation’s
                                                                                                    NLRB is currently seeking a rare federal
                                            forceable penalties for breaking federal labor                                                                 workers.
                                                                                                    court injunction against it. But it should not
                                            law. President Biden has spoken forcefully                                                                       Mr. SCOTT of Virginia. Mr. Speaker,
                                                                                                    have gotten to this point for there to be po-
                                            for the need to hold corporate executives                                                                      I yield 1 minute to the gentlewoman
                                                                                                    tentially real consequences for a company
                                            personally accountable for interfering in
                                            union elections and violating other labor
                                                                                                    that repeatedly breaks federal labor law. Re-          from Massachusetts (Mrs. TRAHAN).
                                                                                                    cidivism should have consequences.                       Mrs. TRAHAN. Mr. Speaker, the ag-
                                            laws. We should hold corporate decision                   Station Casinos has been able to attack its
                                            makers personally responsible in order to                                                                      gressive concentration of wealth in
                                                                                                    employee’s federal rights to organize and
                                            protect employees against illegal anti-union            collectively bargain for years with impunity
                                                                                                                                                           corporate boardrooms, the unending
                                            actions just as we hold executives respon-              because the company and its decision mak-              attacks on unions and their attempts
                                            sible in order to protect investors against il-         ers—ultimately its billionaire owners—have             to organize, and the passage of so-
                                            legal financial reporting practices under the           not had to pay, literally and figuratively, for        called right-to-work laws, which we
                                            Sarbanes-Oxley Act.                                     management’s breaking the law, denying                 now know are really the right-to-depri-
                                              In Las Vegas, workers at the Station Casi-            workers’ right to organize, and refusing to            vation laws, have left America’s work-
                                            nos chain have fought for over a decade to              recognize the democratic decision to
                                            unionize. These workers—cooks, food serv-                                                                      ers begging for scraps, rather than re-
                                                                                                    unionize.
                                            ers, bartenders, cocktail servers, porters,               The PRO Act would begin to change this               ceiving the fair compensation and full
                                            hotel housekeepers—have seen their efforts              unfair situation by putting real teeth into            benefits they deserve.
                                            thwarted every step of the way by Station               the National Labor Relations Act, including              My father was a proud member of the
                                            Casinos. The company and its two billionaire            permitting the NLRB to impose personal li-             Ironworkers Union. He showed up
                                            owners have faced little consequence for the            ability on corporate directors and officers            every day and worked hard, erecting
                                            company’s long-running anti-union cam-                  who participate in violations of workers’              buildings and bridges across New Eng-




dlhill on DSK120RN23PROD with HOUSE
                                            paign of threats, intimidation, promises, and           rights or have knowledge of and fail to pre-           land.
                                            other interference in employees’ efforts to             vent such violations. This and other changes             And while he was at work, he knew
                                            exercise their right to join a union as well as         are necessary to change the anti-union be-
                                            Trumpian refusals to recognize workers’                 havior of those who are insulated from the             that his union was fighting to defend
                                            democratic decisions to unionize without                consequences of lawbreaking by their enor-             him and his brothers and sisters and
                                            costly litigation. The experience of Station            mous amount of legal and other resources at            their families by looking out for our
                                            Casinos workers shows exactly why it is vi-             their disposal.                                        interests at the negotiating table.



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                                            H1150                                             CONGRESSIONAL RECORD — HOUSE                                                          March 9, 2021
                                              It is thanks to the strong benefits                   sions with tens of billions of dollars in              tics that workers who are organizing a union
                                            and wages secured by his union that                     taxpayer moneys, and now they are                      are subjected to. For example, upwards of 50
                                            my parents were able to provide for my                  forcing States and workers into this                   professionals employed by Animal Legal De-
                                                                                                                                                           fense Fund (ALDF) are currently voting by
                                            sisters and me.                                         failed union system.                                   mail to form a union with the Nonprofit Pro-
                                              The PRO Act is about making sure                        This bill is definitely prounion, but it             fessional Employees Union-IFPTE Local 70
                                            that other families have that same                      is antiworker, anticompetitive, and                    (NPEU) so that they can have a voice in cre-
                                            chance. It is about restoring dignity                   antifreedom. This bill forces workers                  ating a workplace that is anti-racist, cooper-
                                            and power to where it belongs: with our                 into unions, forces them to pay union                  ative, equitable, inclusive, just, respectful,
                                            workers.                                                dues. It deprives them of their right to               and transparent. These are attorneys, legis-
                                              After all, it is our workers who kept                 privacy. It forces workers to divulge                  lative affairs professionals, and communica-
                                            us afloat, fed, housed, and safe this last              their personal information to their                    tions professionals whose personal and pro-
                                            year. For that I urge this bill’s pas-                  union bosses. What a racket. It would                  fessional dedication to their work ties their
                                                                                                                                                           working conditions to ALDF’s mission. Un-
                                            sage.                                                   wreak havoc on our workers.                            fortunately, the employer’s anti-union cam-
                                              Mr. Speaker, I include in the RECORD                    Talk is cheap, Mr. Speaker, and the                  paign has included spending undisclosed re-
                                            a letter from the American Federation                   American worker isn’t buying this                      sources to hire an anti-union firm to engage
                                            of State, County and Municipal Em-                      empty political rhetoric. They under-                  in some of the very anti-worker behavior
                                            ployees in support of this bill.                        stand the best way to protect workers                  that this bill seeks to correct. This includes
                                                                            AFSCME,                 is through progrowth, America-first                    activities such as weekly coercive union
                                                           Washington, DC, March 8, 2021.           policies that give our workers more                    avoidance meetings and anti-union commu-
                                            HOUSE OF REPRESENTATIVES,                               freedom, more opportunity, and more                    nication filled with misinformation, intimi-
                                            Washington, DC.                                                                                                dation aimed at discouraging union activity,
                                                                                                    of their hard-earned money in their                    as well as misclassifying employees as man-
                                              DEAR REPRESENTATIVE: On behalf of the 1.4
                                            million members of the American Federation              pockets.                                               agement ahead of the unionization vote.
                                            of State, County and Municipal Employees                  Mr. SCOTT of Virginia. Mr. Speaker,                    This bill meaningfully restores workers’
                                            (AFSCME), I urge you to vote Yes on the                 I yield 1 minute to the gentlewoman                    rights to determine for themselves if they
                                            ‘‘Protecting the Right to Organize (PRO)                from Michigan (Mrs. DINGELL), the co-                  want a union by providing a fair process for
                                            Act’’ (H.R. 842). As the largest public-sector          chair of the Labor Caucus.                             union recognition if the National Labor Re-
                                            union our members believe that all workers,               Mrs. DINGELL. Mr. Speaker, I rise                    lations Board (NLRB) determines that the
                                            both private and public sector, deserve the             today in strong support of the PRO                     employer illegally interfered with the union
                                            right to organize and bargain collectively to                                                                  representation election. Provisions in the
                                                                                                    Act.                                                   bill also allow the union or the employer to
                                            improve their working conditions.                         This bill supports workers in this
                                              Workers need a voice on the job now more                                                                     request a mediation-arbitration process for
                                            than ever before. Since the beginning of the            country by implementing meaningful                     first contract negotiations that take longer
                                            pandemic, unions have advocated for work-               and enforceable penalties for compa-                   than 90 days. Language in this bill that pro-
                                            ers’ safety and protections. Nurses, teachers,          nies that violate workers’ rights.                     hibits captive audience meetings and rein-
                                            first responders, bus drivers, grocery store              It expands accessibility to collective               states the requirement that employers dis-
                                            workers and other essential workers were in             bargaining and closes loopholes used to                close the hiring of and compensation for
                                            desperate need of personal protective equip-            exploit workers while strengthening                    anti-union consultants will help workers
                                            ment and the right to use paid leave to self-                                                                  make informed choices when they receive in-
                                                                                                    workers’ access to fair union elections.
                                            quarantine or take care of someone who                                                                         formation from their employers. By clari-
                                                                                                      Unions are the bedrock of our Na-                    fying and updating the NLRA’s definitions
                                            might have been affected, which unions
                                            fought for. Unions also helped to prevent
                                                                                                    tion’s prosperity and success. Many of                 for employee, supervisor, and employer, the
                                            layoffs and furloughs to save jobs and win              us have been impacted by their good                    PRO Act clarifies the definition of joint em-
                                            additional premium pay and paid sick time.              work. Healthcare benefits, pensions,                   ployer and closes loopholes that allow em-
                                              The value that unions provide to workers              safe working conditions, vacations, and                ployers to misclassify workers. Furthermore,
                                            and their families creates a strong middle              holidays, teacher-to-student ratios,                   this bill gives the NLRB the authority to
                                            class that makes the economy work for all               nurse-to-patient ratios were all nego-                 conduct economic analysis as it sets policies
                                            Americans. With high unemployment and                                                                          and regulations, increases penalties against
                                                                                                    tiated and pushed forward by unions.
                                            people struggling to make ends meet, it is                                                                     employers who violate the NLRA, requires
                                            important to strengthen workers’ rights and             Too many of us take for granted bene-                  employers to reinstate workers while the
                                            the ability to organize. On average, a worker           fits that we enjoy because of hard-                    NLRB investigates the retaliatory firing,
                                            covered by a union contract earns 11.2 per-             fought battles by unions.                              and gives unions the ability to collect fair-
                                            cent more in wages than a worker in a non-                A January 2021 Bureau of Labor Sta-                  share fees.
                                            union workplace in the same sector. Living              tistics report highlights that nonunion                  For all the reasons above, IFPTE requests
                                            wages and benefits with union jobs can lead             worker median weekly earnings were 84                  you vote for the PRO Act. We urge you to
                                            to job competition with nonunion jobs, help-            percent of earnings for workers who                    vote against any amendments that weaken
                                            ing to strengthen local economies.                                                                             sections of the bill, especially sections that
                                              The PRO Act strengthens federal laws that
                                                                                                    were union members. Further research                   prohibit and prevent the misclassification of
                                            protect workers’ rights to organize and col-            also underscores that strong unions                    workers. Further, IFPTE is hopeful that the
                                            lectively bargain for wages, paid leave,                lead to higher wages for all workers,                  Rules Committee makes in order and the
                                            health insurance, retirement benefits, and              regardless of their union status.                      House approves Rep. Andy Levin’s SAFE Act
                                            workplace protections and safety. The bill                Mr. Speaker, I include in the RECORD                 as a part of the underlying bill. The inclu-
                                            increases penalties for employers that vio-             a letter from the International Federa-                sion of this provision would remove the long-
                                            late workers’ rights. It strengthens support            tion of Professional and Technical En-                 standing NLRB prohibition against admin-
                                            for workers who suffer retaliation. It pre-             gineers.                                               istering union elections electronically.
                                            vents employers from misclassifying employ-                 INTERNATIONAL FEDERATION OF PRO-                     Thank you for considering our request.
                                            ees, and it prohibits employers from inter-                   FESSIONAL & TECHNICAL ENGI-
                                                                                                                                                           Should you have any questions, please feel
                                            fering in union elections.                                    NEERS, AFL-CIO & CLC,
                                                                                                                                                           free to contact either of us.
                                              AFSCME strongly urges Congress to pass                              Washington, DC, March 8, 2021.                 Sincerely,
                                            the PRO Act to build back our country and                 DEAR REPRESENTATIVE: On behalf of 90,000                              PAUL SHEARON,
                                            to get us out of this economic crisis stronger          workers represented by the International                                  President.
                                            than before.                                            Federation of Professional and Technical En-                            MATTHEW BIGGS,
                                                  Sincerely,                                        gineers (IFPTE), we urge you to vote for the                              Secretary-Treasurer/
                                                                 BAILEY K. CHILDERS,                Protecting the Right to Organize Act of 2021,                               Legislative Director.
                                                   Director of Federal Government Affairs.          H.R. 842 (PRO Act). The bipartisan PRO Act,              Ms. FOXX. Mr. Speaker, I yield 1
                                              Ms. FOXX. Mr. Speaker, I yield 1                      sponsored by House Education and Labor                 minute to the gentleman from Arkan-
                                            minute to the gentleman from Texas                      Chair Bobby Scott, restores the original in-           sas (Mr. HILL).
                                            (Mr. ARRINGTON).                                        tent of the National Labor Relations Act of              Mr. HILL. Mr. Speaker, I thank my
                                              Mr. ARRINGTON. Mr. Speaker, this                      1935 (NLRA) and levels the playing field be-           friend, the ranking member on the




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                                            bill is further proof that there is vir-                tween workers who want to form unions and
                                                                                                                                                           committee, for yielding.
                                                                                                    employers who exploit weaknesses in the
                                            tually no distinction between the                                                                                Mr. Speaker, I rise in opposition to
                                                                                                    current law to frustrate union organizing
                                            Democratic Party and unions as a po-                    drives and interfere with workers’ legal               the PRO Act of 2021.
                                            litical organization.                                   rights to organize and bargain collectively.             Out of many features that would hurt
                                              In 1 week, Mr. Speaker, the Demo-                       If enacted, the PRO Act would counter the            employees and economic growth in Ar-
                                            crats are bailing out failed union pen-                 all-too-common anti-union intimidation tac-            kansas in this bill is a hostile practice



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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                 H1151
                                            banned by the National Labor Rela-                      drivers to financial advisers to local                    Mr. RYAN. You need to stop talking
                                            tions Act of 1959. This bill fully resur-               artists, we should support workers’                    about Dr. Seuss and start working with
                                            rects it.                                               freedom, our gig economy, and create                   us on behalf of the American workers.
                                              Yet, these unfair practices continued                 policies to promote innovation.                           The SPEAKER pro tempore. Mem-
                                            post-1959 in the construction industry.                   We should learn from the failings of                 bers are reminded to direct their re-
                                              For example, Mr. Speaker, in 2004 the                 AB–5 in California and vote ‘‘no’’ on                  marks to the Chair.
                                            Eighth Circuit heard a hot cargo agree-                 the PRO Act.                                              Ms. FOXX. Mr. Speaker, I am using
                                            ment case. In exchange for a no-strike                    Mr. SCOTT of Virginia. Mr. Speaker,                  my inside voice.
                                            pledge, a construction firm agreed to                   I yield 1 minute to the gentleman from                    Mr. Speaker, I yield 1 minute to the
                                            perform the work and agreed it would                    Ohio (Mr. RYAN).                                       gentlewoman        from   Arizona    (Mrs.
                                            hire union workers, but they hired a                      Mr. RYAN. Mr. Speaker, one of the                    LESKO).
                                            subcontractor, who, while they didn’t                   earlier speakers said: ‘‘This is the most                 Mrs. LESKO. Mr. Speaker, during
                                            sign the agreement, agreed to use                       dramatic change in labor law in 80                     their floor speeches today, both Speak-
                                            union labor anyway. They went on                        years.’’ And I say: ‘‘Thank God.’’
                                                                                                                                                           er PELOSI and Leader HOYER claimed
                                                                                                      In the late seventies, a CEO’s earn-
                                            strike, Mr. Speaker, even though they                                                                          this bill is for the workers.
                                                                                                    ings were 35 times that of the worker.
                                            hired union workers. This is the kind                   Today, it is 3 to 400 times what the                      If my Democratic colleagues care so
                                            of unfair approach that does not de-                    worker makes. And our friends on the                   much about American workers, why do
                                            serve to be enshrined in this bill. As a                other side are running around with                     they support incentivizing millions of
                                            result, the contractor received a cease                 their hair on fire.                                    illegal immigrants into our Nation to
                                            and desist demand and workers lost the                    Heaven forbid we pass something                      take away jobs from American work-
                                            opportunity to work.                                    that is going to help the damn workers                 ers?
                                              I tried to amend this bill to remove                  in the United States of America. Heav-                    Why do they support this bill that
                                            this hot cargo bad idea, but the amend-                 en forbid we tilt the balance that has                 could force workers to pay union dues
                                            ment was rejected by House Demo-                        been going in the wrong direction for 50               even if they don’t want to?
                                            crats.                                                  years.                                                    Why do they want to take away Ari-
                                              This is an example of how this party                    We talk about pensions. You com-                     zona workers’ rights under the Arizo-
                                            wants to go back to 1959 and instill this               plain. We talk about the minimum                       na’s right-to-work law?
                                            for all workers across our Nation. We                   wage increase. You complain. We talk                      This bill is bad for employees. It is
                                            need to oppose this bill.                               about giving them the right to orga-                   bad for employers. And it is bad for
                                              Mr. SCOTT of Virginia. Mr. Speaker,                   nize. You complain. But if we were                     America. I oppose this bill.
                                            I yield 1 minute to the gentleman from                  passing a tax cut here, you would all be                  Mr. SCOTT of Virginia. Mr. Speaker,
                                            Illinois (Mr. GARCÍA).                                 getting in line to vote ‘‘yes’’ for it.                how much time is remaining on each
                                              Mr. GARCÍA of Illinois. Mr. Speaker,                   Mr. Speaker, I include in the RECORD                 side?
                                            today I rise in strong support of the                   a letter from the International Asso-                     The SPEAKER pro tempore. The gen-
                                            Protecting the Right to Organize Act.                   ciation of Machinists and Aerospace                    tleman from Virginia has 7 minutes re-
                                              Workers sacrifice so much to keep                     Workers in support of the PRO Act.                     maining. The gentlewoman from North
                                            our country going during this pan-                            INTERNATIONAL ASSOCIATION OF                     Carolina has 5 minutes remaining.
                                            demic. They risk their safety, and                         MACHINISTS AND AEROSPACE WORKERS,                      Mr. SCOTT of Virginia. Mr. Speaker,
                                            many have lost their lives.                                 Upper Marlboro, Maryland, March 9, 2021.
                                                                                                       DEAR REPRESENTATIVE, On behalf of the               I yield 2 minutes to the gentleman
                                              But workers everywhere are also or-                   International Association of Machinists and            from California (Mr. DESAULNIER), the
                                            ganizing to improve their working con-                  Aerospace Workers, I strongly urge you to              chair of the Subcommittee on Health,
                                            ditions and keep our communities safe.                  support the Protecting the Right to Organize           Employment, Labor, and Pensions of
                                              This bill simply guarantees the right                 (PRO) Act introduced by Representative                 the Education and Labor Committee.
                                            to fight for safety and dignity on the                  Bobby Scott. In a functioning and recovering              Mr. DESAULNIER. Mr. Speaker, I am
                                            job.                                                    economy, working families and middle-class             a proud former member of Teamsters
                                              It is for Amazon workers in my                        Americans cannot be left behind.
                                                                                                       The PRO Act is a crucially bold piece of            Local 170 in Worcester, Massachusetts,
                                            neighborhood in Chicago fighting for                    legislation that modernizes federal laws and           and a former member of AFL–CIO
                                            their safety on the warehouse floor; for                expands workers’ collective bargaining                 Local 2 in San Francisco. From that
                                            nurses demanding safe staffing levels                   rights and closes loopholes that corporations          experience, I know personally the value
                                            in hospitals and nursing homes; for                     use to exploit workers. The bill also estab-           of being a union member.
                                            rideshare drivers and delivery workers                  lishes a process for mediation and arbitra-               I am also a former small business
                                            who don’t even have basic rights at                     tion to help the parties achieve a first con-
                                                                                                                                                           person who knows the value of having
                                                                                                    tract. It protects workers’ right to organize
                                            work.                                                                                                          good-paying jobs in a community rep-
                                                                                                    a union and bargain for higher wages and
                                              I urge this body to pass the PRO Act                  better benefits.                                       resented by union members to small
                                            for them and for all of us.                                However, the right to freely form a union           businesses.
                                              Ms. FOXX. Mr. Speaker, I yield 1                      without the threat of company intimidation                Mr. Speaker, the wealthiest Ameri-
                                            minute to the gentlewoman from Cali-                    or interference is denied to workers today.            cans continue to take home a larger
                                            fornia (Mrs. KIM).                                      The PRO Act strengthens protections for                and larger share of America’s wealth.
                                              Mrs. KIM of California. Mr. Speaker,                  employees that engage in collective action
                                                                                                    and levels the playing field by prohibiting
                                                                                                                                                           According to Fed data, the top 1 per-
                                            I thank Ms. FOXX for yielding.                                                                                 cent of Americans have a combined net
                                                                                                    employers from requiring their employees to
                                              I rise today in support of our Na-                    attend ‘‘captive audience’’ meetings whose             worth of $34.2 trillion, which is 15 times
                                            tion’s workers and businesses. We must                  sole purpose is to convince workers to vote            more wealth than the bottom 50 per-
                                            find ways to work together to help our                  against the union. In addition to imposing fi-         cent of Americans. One percent has
                                            economy recover from COVID–19.                          nancial penalties on employers and indi-               more wealth than 160 million Ameri-
                                              However, this bill is not the answer,                 vidual corporate offices who violate the law,          cans.
                                            and it is not even close. This bill will                the bill would give workers the option of
                                            nationalize the disastrous California                   bringing their case to federal court.                                   b 1400
                                                                                                       Finally, the PRO Act would override state
                                            policies that have forced businesses out                ‘‘right to work’’ laws. These laws are simply
                                                                                                                                                             This is unparalleled in our existence
                                            of my State, killed jobs, and hurt                      designed to give more power to corporations            and must be addressed if you really
                                            workers.                                                at the expense of workers, and have had the            care about working people. This in-
                                              As we saw in California, businesses                   effect of lowering wages and eroding pen-              equality has contributed to what is
                                            that can afford lobbyists eventually                    sions and health care coverage in states               called diseases of despair by public




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                                            get carveouts, while small businesses                   where they have been adopted.                          health experts and has worsened the
                                                                                                       For all the above these reasons, I respect-
                                            are left holding the bag.                                                                                      behavioral health crisis exponentially
                                                                                                    fully urge you to support the PRO Act and
                                              The last thing we should be doing                     vote ‘‘YES’’ on this long overdue legislation.         in this country.
                                            during this time is passing legislation                        Thank you,                                        At the same time, union coverage
                                            that will kill jobs and make our recov-                                  ROBERT MARTINEZ, JR.,                 today is half of what it was 40 years
                                            ery even harder. From Uber and Lyft                                           International President.         ago, and research shows deunionization



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                                            H1152                                             CONGRESSIONAL RECORD — HOUSE                                                       March 9, 2021
                                            accounts for up to one-third of the in-                 voices, those workers who didn’t have a                ing Americans in our Nation’s history.
                                            equality of which I speak.                              voice.                                                 Congress’ foremost duty today is to
                                               The Economic Policy Institute esti-                    Listen to this: Employers shouldn’t                  help the millions of hurting American
                                            mates that deunionization has led to                    make     the    decision,   and    unions              workers recover their lost jobs and
                                            working people losing $200 billion per                  shouldn’t make the decision. Employ-                   wages.
                                            year, and that money goes to make in-                   ees make the decision whether or not                     Madam Speaker, this bill prevents us
                                            equality greater and goes into the al-                  they want to enter into a collective                   from fulfilling that duty and, instead,
                                            ready exceedingly disproportionate                      bargaining agreement.                                  prioritizes the interests of illegal im-
                                            wealth by those in the 1 percent. It                      That is one of the reasons why I and                 migrants and union bosses.
                                            hurts all of us, including them.                        five others formed the Labor Caucus,                     Madam Speaker, I am the grandson
                                               Strengthening access to unions and                   because their voices are not being                     and son of proud union members, and
                                            American workers being able to orga-                    heard.                                                 my brother works at the same factory
                                            nize will help restore the balance of                     Unlimited money, the total control                   in northeast Indiana and belongs to the
                                            power between workers and employers,                    of the workplace—OSHA injuries are                     same union that my dad and grand-
                                            wages and capital. The research is                      much higher on nonunion jobs than                      father and uncles and cousins, and
                                            clear that when workers collectively                    union jobs. Why? Because workers have                  many others, have as well.
                                            bargain and organize, their pay goes                    a voice. They have better health bene-                   So let me tell you, it is a travesty
                                            up. On average, a worker covered by a                   fits; they have better pensions; they                  that Democrats think that people who
                                            union contract earns 13 percent more                    have dignity in retiring.                              broke our Nation’s laws deserve the
                                            than a peer in a nonunionized work-                       Madam Speaker, I have spent 44                       same labor rights as they do. This bill,
                                            place.                                                  years and have been involved with 30                   as written, would lessen American citi-
                                               Madam Speaker, I appreciate the                      organizing campaigns. I know what it                   zens’ union voting power and hand it to
                                            gentleman for yielding me the time,                     is like to go out and get those cards                  people who aren’t even legally em-
                                            and I ask my colleagues to enthusiasti-                 signed. I know what it is like to have                 ployed. It goes against the very pur-
                                            cally support this initiative.                          a fair election, and that is what we                   pose of unions: providing a forum
                                               Ms. FOXX. Madam Speaker, I yield 1                   need.                                                  where American workers can have a
                                            minute to the gentleman from Penn-                        Fairness in America still counts, and                voice.
                                            sylvania (Mr. PERRY).                                   workers have been on the wrong end of                    Madam Speaker, this bill would
                                               Mr. PERRY. Madam Speaker, I heard                    that deal for so long.                                 disempower American workers by
                                            the majority leader speak about some-                     Madam Speaker, I am asking my col-                   drowning out their voices to the ben-
                                            thing that happened in 1870 and 1880,                   leagues to do what is right for Amer-                  efit of illegal immigrants.
                                                                                                                                                             The amendment I propose is simple:
                                            like the Pinkertons are still running                   ica. Pass the PRO Act. We are all in
                                                                                                                                                           Individuals who are not eligible to
                                            around union busting.                                   this together.
                                               Well, it is not 1870. It is not 1880. It is                                                                 work in our country should not be con-
                                                                                                      Ms. FOXX. Madam Speaker, I reserve
                                            not even the time of President Obama.                                                                          tacted or courted by labor leadership.
                                                                                                    the balance of my time.
                                            But during President Obama’s time, he                     Mr. SCOTT of Virginia. Madam                         If my Democratic colleagues insist on
                                            proposed the ambush election rule, and                  Speaker, I yield 1 minute to the gen-                  moving forward with this bill without
                                            that is in this bill.                                   tleman from Texas (Mr. GREEN).                         my amendment, they wouldn’t be pro-
                                               What does that mean? That means                        Mr. GREEN of Texas. Madam Speak-                     tecting Americans’ right to organize.
                                            the employer must give up the address-                  er, and still I rise. And I thank the                  They would be prohibiting American
                                            es, the contact and personal informa-                   Honorable BOBBY SCOTT for the oppor-                   workers from organizing as a distinct
                                            tion, and the working schedule of ev-                   tunity to be heard. I will be terse.                   group.
                                                                                                                                                             The SPEAKER pro tempore. The
                                            erybody in their facility. And they                       Madam Speaker, unions protect peo-
                                                                                                                                                           time of the gentleman has expired.
                                            don’t get to say no. The people who                     ple. Unions protect people because                       Ms. FOXX. Madam Speaker, I yield
                                            work there don’t get to say no. Even                    those workers will organize and make                   the gentleman from Indiana an addi-
                                            the Obama NLRB said that they would                     sure that there is a safe work environ-                tional 15 seconds.
                                            be subjected to harassment, coercion,                   ment.                                                    Mr. BANKS. Madam Speaker, the
                                            or robbery—or robbery.                                    This is important because if not but                 Democratic Party claims to have the
                                               Madam Speaker, I offered an amend-                   for the union, many companies would                    best interest of American workers at
                                            ment, which the majority refused, to                    simply build into the cost of doing                    heart so, please, prove it.
                                            close the loophole that exempts union                   business the injuries that may be sus-                   Madam Speaker, I urge all of my col-
                                            violence, coercion, and extortion.                      tained. I am a member of Local 1550 of                 leagues to vote ‘‘yes’’ on the motion to
                                            Think about that, union violence.                       AFSCME and proud to say it.                            recommit.
                                               If they have the information of the                    Madam Speaker, I support this legis-                   Mr. SCOTT of Virginia. Madam
                                            employees and are prone to violence,                    lation because it will save lives.                     Speaker, I am prepared to close, and I
                                            and if you live in Philadelphia, you                      Ms. FOXX. Madam Speaker, I yield 2                   reserve the balance of my time.
                                            just go back to the helpful union guy,                  minutes to the gentleman from Indiana                    Ms. FOXX. Madam Speaker, I am
                                            the helpful union guys, the thugs and                   (Mr. BANKS).                                           prepared to close, and I yield myself
                                            the presentment.                                          Mr. BANKS. Madam Speaker, if we                      the balance of my time.
                                               Reject this. This is the PRO Act, in-                adopt the motion to recommit, we will                    Madam Speaker, this bill is an effort
                                            deed—protecting corrupt union bosses                    instruct the Committee on Education                    by Democrats to cave to big labor and
                                            from their own failures. Vote ‘‘no.’’                   and Labor to consider an amendment                     special interest groups’ demands at the
                                               Mr. SCOTT of Virginia. Madam                         to prohibit labor organizations from                   expense of the American workforce and
                                            Speaker, I yield 2 minutes to the gen-                  encouraging illegal immigrants to join                 the economy. Once again, Democrats
                                            tleman from New Jersey (Mr. NOR-                        their ranks.                                           are attempting to ram through radical,
                                            CROSS), a distinguished member of the                     Madam Speaker, I ask unanimous                       partisan legislation.
                                            Committee on Education and Labor.                       consent to insert the text of the                        H.R. 842 is radical, backward-looking
                                               Mr. NORCROSS. Madam Speaker, the                     amendment in the RECORD imme-                          legislation, which will diminish the
                                            ‘‘thugs.’’ Are those the friends of the                 diately prior to the vote on the motion                rights of workers and employers while
                                            folks who attacked this Capitol? Is                     to recommit.                                           harming the economy and providing a
                                            that who you are talking about? Those                     The SPEAKER pro tempore (Ms.                         political gift to labor union special in-
                                            are thugs.                                              SCANLON). Is there objection to the re-                terests.




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                                               Madam Speaker, for 44 years, I have                  quest of the gentleman from Indiana?                     I thank my Republican colleagues for
                                            been a member of the IBEW. My broth-                      There was no objection.                              their hard work in fighting for Amer-
                                            ers went to college. I did the other                      Mr. BANKS. Madam Speaker, thanks                     ican workers and job creators. I urge
                                            thing. I went to the other 4-year                       to the COVID–19 pandemic and onerous                   all of my colleagues to consider the se-
                                            school, an apprenticeship. My entire                    government restrictions, the last year                 rious damage that the passage of this
                                            life has been about speaking for those                  has been among the toughest for work-                  bill would do, and I urge a ‘‘no’’ vote.



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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                       H1153
                                               Madam Speaker, I reiterate, just be-                   The PRO Act also defends workers’ right to           common purpose the hardworking people
                                            fore COVID hit, we had a booming,                       strike—a fundamental economic right—and                who built this country and make it run de-
                                            booming economy without this legisla-                   to engage in boycotts and other acts of soli-          serve.
                                                                                                    darity with workers at other companies                    Mr. SCOTT of Virginia. Madam
                                            tion. This will harm the economy,
                                                                                                    without penalty. It clarifies that employers
                                            harm the American workers, and do                                                                              Speaker, I urge my colleagues to sup-
                                                                                                    may not force employees to waive their
                                            great injustice to well-meaning em-                     rights to join together in collective or class         port the Protecting the Right to Orga-
                                            ployers who risk every day their cap-                   action litigation. The bill also closes loop-          nize Act, and I yield back the balance
                                            ital and their energy to create jobs.                   holes in Federal labor law by barring em-              of my time.
                                               Madam Speaker, this bill deserves a                  ployers from misclassifying workers as inde-              Ms. JOHNSON of Texas. Madam Speaker,
                                            ‘‘no’’ vote, and I yield back the balance               pendent contractors and preventing workers             I rise today in strong support of H.R. 842, the
                                            of my time.                                             from being denied remedies due to their im-            Protecting the Right to Organize Act of 2021,
                                               Mr. SCOTT of Virginia. Madam                         migration status. It establishes an expansive          or the PRO Act.
                                            Speaker, I yield myself the balance of                  joint employer standard, allowing workers to              For too long, wealthy corporations and em-
                                            my time.                                                collectively bargain with all the companies
                                                                                                                                                           ployers have dictated the stability and success
                                               Madam Speaker, each of us can agree                  that control the terms and conditions of
                                                                                                    their employment. The bill allows unions to            of working and middle-class Americans—often
                                            that hard work in this country should                   collect fair-share fees to cover the cost of           without their best interests in mind. The PRO
                                            pay off. Yet, for far too long, we have                 collective bargaining and administering a              Act seeks to combat this injustice by providing
                                            allowed wealthy special interests to                    union contract for all workers who are pro-            increased opportunities for workers to orga-
                                            pad the profit margins by stripping                     tected by the contract’s terms. H.R. 842 re-           nize, holding employers accountable for viola-
                                            workers of their rights.                                stores workers’ access to fair union elections         tions of workers’ rights, and securing free, fair,
                                               Madam Speaker, we often voice our                    and ensures the results are respected.                 and safe union elections.
                                            support for workers. Today, we have                       The Administration strongly encourages
                                                                                                                                                              The timing of the vote on this legislation is
                                            the opportunity to match our words                      the House to pass H.R. 842, and looks forward
                                                                                                    to working with the Congress to enact this             crucial. We have watched as the COVID–19
                                            with action by taking a historic step to                                                                       pandemic has further exacerbated the existing
                                                                                                    critical legislation that safeguards workers’
                                            ensure that they can stand together                     rights to organize and bargain collectively.           inequalities in our economy. The rich have
                                            and negotiate for higher pay, better                    The PRO Act will strengthen our democracy              gotten richer, while the employees on the front
                                            benefits, and safer workplaces.                         and advance dignity in the workplace.                  lines have faced harsh conditions, risks to
                                               I want to recognize all the workers                                                                         their health, and a minimal, at best, increase
                                            and advocates, especially my col-                        STATEMENT BY PRESIDENT JOE BIDEN ON THE               in pay. It is therefore critical that these work-
                                            leagues on the Committee on Edu-                                HOUSE TAKING UP THE PRO ACT
                                                                                                                                                           ers be able to exercise their right to organize
                                            cation and Labor, for their leadership                     (Statements and Releases, March 9, 2021)            a union so that they can advocate as one for
                                            on this legislation.                                      I strongly encourage the House to pass the           higher wages, better benefits, and safer work-
                                               There is an extensive legislative his-               Protecting the Right to Organize (PRO) Act             ing conditions.
                                            tory underpinning this bill, including                  of 2021, which would dramatically enhance
                                                                                                                                                              As a dues-paying, active member of the
                                            three hearings and a markup in the                      the power of workers to organize and collec-
                                                                                                    tively bargain for better wages, benefits, and         American Federation of Government Employ-
                                            116th Congress. The views of the com-
                                                                                                    working conditions.                                    ees (AFGE), I have seen firsthand the impor-
                                            mittee are outlined in the committee
                                                                                                      As America works to recover from the dev-            tant role that unions play in empowering work-
                                            report from the last Congress.
                                               Madam Speaker, I include in the                      astating challenges of deadly pandemic, an             ers across the country. And I will continue to
                                                                                                    economic crisis, and reckoning on race that            be a strong advocate for workers’ rights—be-
                                            RECORD a Statement of Administration                    reveals deep disparities, we need to summon
                                            Policy in support of the PRO Act and a                                                                         cause our country is only as strong as our
                                                                                                    a new wave of worker power to create an                workers.
                                            statement by President Biden on the                     economy that works for everyone. We owe it
                                            House taking up the PRO Act.                                                                                      Madam Speaker, a strong middle class is
                                                                                                    not only to those who have put in a lifetime
                                               STATEMENT OF ADMINISTRATION POLICY                   of work, but to the next generation of work-           essential to a strong economy. That is why I
                                            H.R. 842—PROTECTING THE RIGHT TO ORGANIZE               ers who have only known an America of ris-             am proud to support the PRO Act and would
                                              ACT OF 2021—REP. SCOTT, D–VA, AND 212 CO-             ing inequality and shrinking opportunity.              encourage its immediate consideration in the
                                              SPONSORS                                              All of us deserve to enjoy America’s promise           Senate.
                                              The Administration strongly supports                  in full—and our nation’s leaders have a re-               Ms. STEVENS. Madam Speaker, I rise
                                            House passage of H.R. 842, the Protecting the           sponsibility to deliver it.                            today to recognize the passage of the Pro-
                                            Right to Organize (PRO) Act of 2021, which                That starts with rebuilding unions. The              tecting the Right to Organize Act, a piece of
                                            would strengthen the Federal laws that pro-             middle class built this country, and unions
                                                                                                                                                           legislation of which I am a proud co-sponsor.
                                            tect workers’ right to organize a union and             built the middle class. Unions give workers a
                                                                                                    stronger voice to increase wages, improve              Importantly, this bill protects workers’ rights to
                                            collectively bargain for better wages, bene-                                                                   unionize, holds employers accountable for vio-
                                            fits, and working conditions.                           the quality of jobs and protect job security,
                                              America was not built by Wall Street. It              protect against racial and all other forms of          lating workers’ rights, and ensures unions can
                                            was built by the middle class, and unions               discrimination and sexual harassment, and              have free, fair, and safe elections. By empow-
                                            built the middle class. Unions put power in             protect workers’ health, safety, and benefits          ering workers to exercise their rights to orga-
                                            the hands of workers. They give workers a               in the workplace. Unions lift up workers,              nize, workers will be given the power to over-
                                            stronger voice to increase wages, improve               both union and non-union. They are critical            ride ‘‘right-to-work’’ laws that prevent unions
                                            the quality of jobs and protect job security,           to strengthening our economic competitive-
                                                                                                                                                           from collecting dues from the workers they
                                            protect against racial and all other forms of           ness.
                                                                                                      But, after generations of sweat and sac-             represent.
                                            discrimination and sexual harassment, and
                                            protect workers’ health, safety, and benefits           rifice, fighting hard to earn the wages and               It is significant to me that this body is com-
                                            in the workplace. Unions lift up workers,               benefits that built and sustained the Amer-            ing together to pass this legislation on the
                                            both union and non-union.                               ican middle class, unions are under siege.             same day as Mr. Joseph ‘‘Joe’’ Girolamo’s
                                              The policy of the United States Govern-               Nearly 60 million Americans would join a               100th birthday. Mr. Girolamo of Livonia, Michi-
                                            ment, stated clearly in the National Labor              union if they get a chance, but too many em-           gan is a veteran of World War II and the son
                                            Relations Act, is to encourage union orga-              ployers and states prevent them from doing             of Italians, family he had a chance to visit
                                            nizing and collective bargaining. However,              so through anti-union attacks. They know
                                                                                                                                                           while serving overseas. In a recent interview
                                            due to anti-union efforts by many employers             that without unions, they can run the table
                                            for decades, lax enforcement of existing                on workers—union and non-union alike.                  with Hometown Life, Mr. Girolamo shared that
                                            labor laws, and the failure to restore and                We should all remember that the National             after returning home he moved to Livonia with
                                            strengthen labor laws to address the real-              Labor Relations Act didn’t just say that we            his late wife Lillian. They met playing music
                                            world of labor-management relations, only               shouldn’t hamstring unions or merely tol-              and settled down in 1953. Mr. Girolamo
                                            6.3% percent of private-sector U.S. wage and            erate them. It said that we should encourage           worked at the River Rouge complex in Dear-
                                            salary workers were union members in 2020.              unions. The PRO Act would take critical                born. He witnessed workers being treated un-




dlhill on DSK120RN23PROD with HOUSE
                                              H.R. 842 would strengthen and protect                 steps to help restore this intent.                     fairly and became a union man, and spent
                                            workers’ right to form a union by allowing                I urge Congress to send the PRO Act to my
                                                                                                                                                           years advocating for workers’ rights. His
                                            the National Labor Relations Board (NLRB)               desk so we can seize the opportunity to build
                                            to assess penalties on employers who violate            a future that reflects working people’s cour-          daughter Joyce Hermann shared with Home-
                                            workers’ right to organize and ensuring that            age and ambition, and offers not only good             town Life, ‘‘So, there were actually thugs and
                                            workers who suffer retaliation for exercising           jobs with a real choice to join a union—but            goons running the place. It was a difficult situ-
                                            these rights receive immediate relief.                  the dignity, equity, shared prosperity and             ation until the union came in. He made sure



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                                            H1154                                             CONGRESSIONAL RECORD — HOUSE                                                           March 9, 2021
                                            everything was done by the book and his                 nues, that are used to determine whether an            or in any other way discriminated against by
                                            workers weren’t doing anything unsafe. It was           industry is affecting commerce for purposes            any person in violation of subsection (a) may
                                            a really big change back then.’’                        of determining coverage under the National             file (or have any person file on his or her be-
                                                                                                    Labor Relations Act (29 U.S.C. 151 et seq.).           half) a complaint with the Secretary of
                                                Earlier today as I wished Mr. Girolamo by
                                                                                                      In the table of contents, after the matter           Labor alleging such violation. Such a com-
                                            phone a Happy Birthday and thanked him for                                                                     plaint must be filed not later than either—
                                                                                                    relating to section 302, insert the following:
                                            his work with the American Legion and the                                                                         ‘‘(i) 180 days after the date on which such
                                            Veterans of Foreign Wars, I got to listen to            Sec. 303. Rule of Construction.
                                                                                                                                                           alleged violation occurs; or
                                            him play his harmonica and proudly informed              AMENDMENT NO. 4 OFFERED BY MS. DAVIDS OF
                                                                                                                                                              ‘‘(ii) 180 days after the date upon which the
                                                                                                                          KANSAS
                                            him that today we were passing the PRO Act.                                                                    employee knows or should reasonably have
                                            He informed me he was smiling over the                    On page 3, in the table of contents, insert          known that such alleged violation in sub-
                                            phone and glad to hear it.                              after the matter related to section 302 the            section (a) occurred.
                                                                                                    following:                                                ‘‘(B) ACTIONS OF SECRETARY OF LABOR.—
                                                When I think about the legacy and shoul-
                                            ders of giants we stand on in the Congress,             Sec. 303. Rule of Construction                         Upon receipt of such a complaint, the Sec-
                                                                                                      On page 34, after line 13, insert the fol-           retary of Labor shall notify, in writing, the
                                            it’s incredible patriots like Joe, who represent
                                                                                                    lowing:                                                person named in the complaint who is al-
                                            the best of America and Michigan. I am proud                                                                   leged to have committed the violation, of—
                                            and grateful we were able to take another pro-          SEC. 303. RULE OF CONSTRUCTION.
                                                                                                                                                              ‘‘(i) the filing of the complaint;
                                            ductive step in the direction of the working              Nothing in this Act or the amendments                   ‘‘(ii) the allegations contained in the com-
                                            men and woman in this country and all they              made by this Act shall be construed to affect          plaint;
                                            are counting on to earn a decent living and             the privacy of employees with respect to                  ‘‘(iii) the substance of evidence supporting
                                                                                                    voter lists provided to labor organizations by         the complaint; and
                                            save for retirement.                                    employers pursuant to elections directed by
                                                The SPEAKER pro tempore. All time                                                                             ‘‘(iv) opportunities that will be afforded to
                                                                                                    the Board.                                             such person under paragraph (2).
                                            for debate has expired.                                   AMENDMENT NO. 9 OFFERED BY MS. JACKSON                  ‘‘(2) INVESTIGATION BY SECRETARY OF
                                                Each further amendment printed in                                      LEE OF TEXAS                        LABOR.—
                                            part B of House Report 117–10 not ear-                    On page 33, line 13, strike ‘‘Section 203(c)’’          ‘‘(A) IN GENERAL.—Not later than 60 days
                                            lier considered as part of amendments                   and insert ‘‘(a) IN GENERAL.—Section 203(c)’’.         after the date of receipt of a complaint filed
                                            en bloc pursuant to section 3 of House                    On page 34, after line 2, insert the fol-            under paragraph (1), and after affording the
                                            Resolution 188, shall be considered only                lowing:                                                complainant and the person named in the
                                            in the order printed in the report, may                                                                        complaint who is alleged to have committed
                                                                                                      (b)    WHISTLEBLOWER       PROTECTIONS.—The
                                            be offered only by a Member designated                                                                         the violation that is the basis for the com-
                                                                                                    Labor-Management Reporting and Disclo-
                                            in the report, shall be considered as                                                                          plaint an opportunity to submit to the Sec-
                                                                                                    sure Act of 1959 (29 U.S.C. 401 et seq.) is fur-
                                                                                                                                                           retary of Labor a written response to the
                                            read, shall be debatable for the time                   ther amended—
                                                                                                                                                           complaint and an opportunity to meet with
                                            specified in the report equally divided                   (1) by redesignating section 611 (29 U.S.C.
                                                                                                                                                           a representative of the Secretary of Labor to
                                            and controlled by the proponent and an                  531) as section 612; and
                                                                                                                                                           present statements from witnesses, the Sec-
                                            opponent, may be withdrawn by the                         (2) by inserting after section 610 (29 U.S.C.
                                                                                                                                                           retary of Labor shall—
                                            proponent at any time before the ques-                  530), the following new section:
                                                                                                                                                              ‘‘(i) initiate an investigation and deter-
                                            tion is put thereon, shall not be subject                        ‘‘WHISTLEBLOWER PROTECTIONS                   mine whether there is reasonable cause to
                                            to amendment, and shall not be subject                    ‘‘SEC. 611.                                          believe that the complaint has merit; and
                                            to a demand for division of the ques-                     ‘‘(a) IN GENERAL.—No employer or labor or-              ‘‘(ii) notify the complainant and the person
                                                                                                    ganization shall terminate or in any other             alleged to have committed the violation of
                                            tion.
                                                                                                    way discriminate against, or cause to be ter-          subsection (a), in writing, of such determina-
                                                It shall be in order at any time after              minated or discriminated against, any appli-           tion.
                                            debate for the chair of the Committee                   cant, covered employee, or former covered                 ‘‘(B) GROUNDS FOR DETERMINATION OF COM-
                                            on Education and Labor or his designee                  employee, of the employer or the labor orga-           PLAINTS.—The Secretary of Labor shall dis-
                                            to offer amendments en bloc consisting                  nization by reason of the fact that such ap-           miss a complaint filed under this subsection,
                                            of further amendments printed in part                   plicant, covered employee, or former covered           and shall not conduct an investigation other-
                                            B of House Report 117–10, not earlier                   employee does, or the employer or labor or-            wise required under paragraph (2), unless the
                                            disposed of. Amendments en bloc shall                   ganization perceives the employee to do, any           complainant makes a prima facie showing
                                                                                                    of the following:                                      that any behavior described in paragraphs (1)
                                            be considered as read, shall be debat-
                                                                                                      ‘‘(1) Provide, cause to be provided, or is           through (5) of subsection (a) was a contrib-
                                            able for 20 minutes equally divided and                 about to provide or cause to be provided, in-          uting factor in the unfavorable personnel ac-
                                            controlled by the chair and ranking                     formation to the labor organization, the em-           tion alleged in the complaint.
                                            minority member of the Committee on                     ployer, the Department of Labor, or any                   ‘‘(3) BURDENS OF PROOF.—
                                            Education and Labor or their respec-                    other State, local, or Federal Government                 ‘‘(A) CRITERIA FOR DETERMINATION.—In
                                            tive designees, shall not be subject to                 authority or law enforcement agency relat-             making a determination or adjudicating a
                                            amendment, and shall not be subject to                  ing to any violation of, or any act or omis-           complaint pursuant to this subsection, the
                                            a demand for division of the question.                  sion that such employee reasonably believes            Secretary, an administrative law judge or a
                                                                                                    to be a violation of, any provision of this            court may determine that a violation of sub-
                                             AMENDMENTS EN BLOC NO. 1 OFFERED BY MR.
                                                                                                    Act.                                                   section (a) has occurred only if the com-
                                                      SCOTT OF VIRGINIA
                                                                                                      ‘‘(2) Testify or plan to testify or otherwise        plainant demonstrates that any conduct de-
                                              Mr. SCOTT of Virginia. Madam                          participate in any proceeding resulting from           scribed in subsection (a) with respect to the
                                            Speaker, pursuant to section 3 of House                 the administration or enforcement of any               complainant was a contributing factor in the
                                            Resolution 188, I rise to offer amend-                  provision of this Act.                                 adverse action alleged in the complaint.
                                            ments en bloc No 1.                                       ‘‘(3) File, institute, or cause to be filed or          ‘‘(B) PROHIBITION.—Notwithstanding sub-
                                              The SPEAKER pro tempore. The                          instituted, any proceeding under this Act.             paragraph (A), a decision or order that is fa-
                                            Clerk will designate the amendments                       ‘‘(4) Assist in any activity described in            vorable to the complainant shall not be
                                                                                                    paragraphs (1) through (3).                            issued in any administrative or judicial ac-
                                            en bloc.
                                                                                                      ‘‘(5) Object to, or refuse to participate in,        tion pursuant to this subsection if the re-
                                              Amendments en bloc No. 1 consisting                   any activity, policy, practice, or assigned            spondent demonstrates by clear and con-
                                            of amendment Nos. 1, 4, 9, 11, 12, 13, 14,              task that such covered employee reasonably             vincing evidence that the respondent would
                                            15, 16, and 17, printed in part B of House              believes to be in violation of any provision of        have taken the same adverse action in the
                                            Report 117–10, offered by Mr. SCOTT of                  this Act.                                              absence of such conduct.
                                            Virginia:                                                 ‘‘(b) DEFINITION OF COVERED EMPLOYEE.—                  ‘‘(C) NOTICE OF RELIEF AVAILABLE.—If the
                                            AMENDMENT NO. 1 OFFERED BY MS. BOURDEAUX                For the purposes of this section, the term             Secretary of Labor concludes that there is
                                                           OF GEORGIA                               ‘covered employee’ means any employee or               reasonable cause to believe that a violation
                                                                                                    agent of an employer or labor organization,            of subsection (a) has occurred, the Secretary
                                              On page 34, after line 13, insert the fol-
                                                                                                    including any person with management re-               of Labor shall, together with the notice
                                            lowing:




dlhill on DSK120RN23PROD with HOUSE
                                                                                                    sponsibilities on behalf of the employer or            under paragraph (2)(A)(ii), issue a prelimi-
                                            SEC. 303. RULE OF CONSTRUCTION.                         labor organization.                                    nary order providing the relief prescribed by
                                              The amendments made by this Act shall                   ‘‘(c) PROCEDURES AND TIMETABLES.—                    paragraph (4)(B).
                                            not be construed to affect the jurisdictional             ‘‘(1) COMPLAINT.—                                       ‘‘(D) REQUEST FOR HEARING.—Not later
                                            standards of the National Labor Relations                 ‘‘(A) IN GENERAL.—An applicant, covered              than 30 days after the date of receipt of noti-
                                            Board, including any standards that measure             employee, or former covered employee who               fication of a determination of the Secretary
                                            the size of a business with respect to reve-            believes that he or she has been terminated            of Labor under this paragraph, either the




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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                      H1155
                                            person alleged to have committed the viola-               ‘‘(D) DE NOVO REVIEW.—                               controversy or the citizenship of the parties,
                                            tion or the complainant may file objections               ‘‘(i) FAILURE OF THE SECRETARY TO ACT.—If            to enforce such order.
                                            to the findings or preliminary order, or both,          the Secretary of Labor has not issued a final            ‘‘(C) AWARD OF COSTS AUTHORIZED.—The
                                            and request a hearing on the record. The fil-           order within 270 days after the date of filing         court, in issuing any final order under this
                                            ing of such objections shall not operate to             of a complaint under this subsection, or               paragraph, may award costs of litigation (in-
                                            stay any reinstatement remedy contained in              within 90 days after the date of receipt of a          cluding reasonable attorney and expert wit-
                                            the preliminary order. Any such hearing                 written determination, the complainant may             ness fees) to any party, whenever the court
                                            shall be conducted expeditiously, and if a              bring an action at law or equity for de novo           determines such award is appropriate.
                                            hearing is not requested in such 30-day pe-             review in the appropriate district court of              ‘‘(D) MANDAMUS PROCEEDINGS.—Any non-
                                            riod, the preliminary order shall be deemed a           the United States having jurisdiction, which           discretionary duty imposed by this section
                                            final order that is not subject to judicial re-         shall have jurisdiction over such an action            shall be enforceable in a mandamus pro-
                                            view.                                                   without regard to the amount in con-                   ceeding brought under section 1361 of title 28,
                                              ‘‘(E) PROCEDURES.—                                    troversy, and which action shall, at the re-           United States Code.
                                              ‘‘(i) IN GENERAL.—A hearing requested                 quest of either party to such action, be tried           ‘‘(d) UNENFORCEABILITY OF CERTAIN AGREE-
                                            under this paragraph shall be conducted ex-                                                                    MENTS.—Notwithstanding any other provi-
                                                                                                    by the court with a jury.
                                            peditiously and in accordance with rules es-                                                                   sion of law, the rights and remedies provided
                                                                                                      ‘‘(ii) PROCEDURES.—A proceeding under
                                            tablished by the Secretary for hearings con-                                                                   for in this section may not be waived by any
                                                                                                    clause (i) shall be governed by the same legal
                                            ducted by administrative law judges.                                                                           agreement, policy, form, or condition of em-
                                                                                                    burdens of proof specified in paragraph (3).           ployment, including by any predispute arbi-
                                              ‘‘(ii) SUBPOENAS; PRODUCTION OF EVI-
                                                                                                    The court shall have jurisdiction to grant all         tration agreement.
                                            DENCE.— In conducting any such hearing, the
                                                                                                    relief necessary to make the employee                    ‘‘(e) SAVINGS.—Nothing in this subsection
                                            administrative law judge may issue sub-
                                                                                                    whole, including injunctive relief and com-            shall be construed to diminish the rights,
                                            poenas. The respondent or complainant may
                                                                                                    pensatory damages, including—                          privileges, or remedies of any employee who
                                            request the issuance of subpoenas that re-
                                                                                                      ‘‘(I) reinstatement with the same seniority          exercises rights under any Federal or State
                                            quire the deposition of, or the attendance
                                                                                                    status that the employee would have had,               law or common law, or under any collective
                                            and testimony of, witnesses and the produc-
                                                                                                    but for the discharge or discrimination;               bargaining agreement.’’.
                                            tion of any evidence (including any books,
                                            papers, documents, or recordings) relating to             ‘‘(II) the amount of back pay, with inter-            AMENDMENT NO. 11 OFFERED BY MR. LEVIN OF
                                            the matter under consideration.                         est;                                                                      MICHIGAN
                                              ‘‘(4) ISSUANCE OF FINAL ORDERS; REVIEW                  ‘‘(III) compensation for any special dam-              Page 34, after line 3, insert the following:
                                            PROCEDURES.—
                                                                                                    ages sustained as a result of the discharge or
                                                                                                    discrimination, including litigation costs,            SEC. 301. ELECTRONIC VOTING IN UNION ELEC-
                                              ‘‘(A) TIMING.—Not later than 120 days after                                                                              TIONS.
                                            the date of conclusion of any hearing under             expert witness fees, and reasonable attorney
                                                                                                    fees; and                                                (a) IN GENERAL.—
                                            paragraph (2), the Secretary of Labor shall                                                                      (1) ELECTRONIC VOTING SYSTEM.—Notwith-
                                            issue a final order providing the relief pre-             ‘‘(IV) expungement of all warnings, rep-
                                                                                                                                                           standing any other provision of law, subject
                                            scribed by this paragraph or denying the                rimands, or derogatory references that have
                                                                                                                                                           to the provisions of this section, not later
                                            complaint. At any time before issuance of a             been placed in paper or electronic records or
                                                                                                                                                           than 90 days after the date of the enactment
                                            final order, a proceeding under this sub-               databases of any type relating to the actions
                                                                                                                                                           of this Act, the National Labor Relations
                                            section may be terminated on the basis of a             by the complainant that gave rise to the un-
                                                                                                                                                           Board shall implement a system and proce-
                                            settlement agreement entered into by the                favorable personnel action, and, at the com-
                                                                                                                                                           dures to conduct representation elections re-
                                            Secretary of Labor, the complainant, and the            plainant’s direction, transmission of a copy
                                                                                                                                                           motely using an electronic voting system.
                                            person alleged to have committed the viola-             of the decision on the complaint to any per-
                                                                                                                                                              (2) PROCEDURES.—The procedures under
                                            tion.                                                   son whom the complainant reasonably be-
                                                                                                                                                           paragraph (1) shall ensure that each em-
                                              ‘‘(B) AVAILABLE RELIEF.—                              lieves may have received such unfavorable              ployee voting in a representation election
                                              ‘‘(i) ORDER OF SECRETARY OF LABOR.—If, in             information.                                           may choose to cast a vote using either an
                                            response to a complaint filed under para-                 ‘‘(E) OTHER APPEALS.—Unless the com-                 internet voting system or a telephone voting
                                            graph (1), the Secretary of Labor determines            plainant brings an action under subpara-               system.
                                            that a violation of subsection (a) has oc-              graph (D), any person adversely affected or               (3) NATIONAL MEDIATION BOARD SYSTEM.—If
                                            curred, the Secretary of Labor shall order              aggrieved by a final order issued under sub-           the Board does not implement a system
                                            the person who committed such violation—                paragraph (A) may file a petition for review           under paragraph (1) before the date that is 60
                                              ‘‘(I) to take affirmative action to abate the         of the order in the United States Court of             days after the date of the enactment of this
                                            violation;                                              Appeals for the circuit in which the violation         Act, the Board shall enter into a temporary
                                              ‘‘(II) to reinstate the complainant to his or         with respect to which the order was issued,            agreement to use the system used by the Na-
                                            her former position, together with com-                 allegedly occurred or the circuit in which             tional Mediation Board to conduct represen-
                                            pensation (including back pay with interest)            the complainant resided on the date of such            tation elections for the period—
                                            and restore the terms, conditions, and privi-           violation, not later than 60 days after the               (A) beginning on the date that is 60 days
                                            leges associated with his or her employment;            date of the issuance of the final order of the         after the date of enactment of this Act; and
                                              ‘‘(III) to provide compensatory damages to            Secretary of Labor under subparagraph (A).                (B) ending on the date that is 90 days after
                                            the complainant; and                                    Review shall conform to chapter 7 of title 5,          the date of enactment of this Act.
                                              ‘‘(IV) expungement of all warnings, rep-              United States Code. The commencement of                   (b) REPORT.— Not later than 180 days of the
                                            rimands, or derogatory references that have             proceedings under this subparagraph shall              enactment of this Act, and in each subse-
                                            been placed in paper or electronic records or           not, unless ordered by the court, operate as           quent report under Section 3(c) of the Na-
                                            databases of any type relating to the actions           a stay of the order. An order of the Secretary         tional Labor Relations Act, as amended, the
                                            by the complainant that gave rise to the un-            of Labor with respect to which review could            Board shall submit to Congress a report con-
                                            favorable personnel action, and, at the com-            have been obtained under this subparagraph             taining a description of the following:
                                            plainant’s direction, transmission of a copy            shall not be subject to judicial review in any            (1) For each representation petition under
                                            of the decision on the complaint to any per-            criminal or other civil proceeding.                    section 9 of the National Labor Relations
                                            son whom the complainant reasonably be-                   ‘‘(5) FAILURE TO COMPLY WITH ORDER.—                 Act filed—
                                            lieves may have received such unfavorable                 ‘‘(A) ACTIONS BY THE SECRETARY.—If any                  (A) the case name and case number;
                                            information.                                            person has failed to comply with a final                  (B) the number of days between the peti-
                                              ‘‘(ii) COSTS AND EXPENSES.—If an order is             order issued under paragraph (4), the Sec-             tion and the election;
                                            issued under clause (i), the Secretary of               retary of Labor may file a civil action in the            (C) the number of days between the stipu-
                                            Labor, at the request of the complainant,               United States district court for the district          lation or direction of election and the elec-
                                            shall assess against the person against whom            in which the violation was found to have oc-           tion;
                                            the order is issued, a sum equal to the aggre-          curred, or in the United States district court            (D) the method of the election;
                                            gate amount of all costs and expenses (in-              for the District of Columbia, to enforce such             (E) the results of the election; and
                                            cluding attorney fees and expert witness                order. In actions brought under this para-                (F) the number of eligible voters, the num-
                                            fees) reasonably incurred, as determined by             graph, the district courts shall have jurisdic-        ber of voters participating in the election,
                                            the Secretary of Labor, by the complainant              tion to grant all appropriate relief including         and the method by which each of the voters
                                            for, or in connection with, the bringing of             injunctive relief, compensatory and punitive           submitted their vote.
                                            the complaint upon which the order was                  damages.                                                  (2) The total cost of conducting all elec-
                                            issued.                                                   ‘‘(B) CIVIL ACTIONS TO COMPEL COMPLI-                tions the Board conducted through the sys-




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                                              ‘‘(C) FRIVOLOUS CLAIMS.—If the Secretary              ANCE.—A person on whose behalf an order                tem and procedures required by subsection
                                            of Labor finds that a complaint under para-             was issued under paragraph (4) may com-                (a).
                                            graph (1) is frivolous or has been brought in           mence a civil action against the person to                (c) DEFINITIONS.—In this section:
                                            bad faith, the Secretary of Labor may award             whom such order was issued to require com-                (1) ELECTRONIC VOTING SYSTEM.—The term
                                            to the prevailing employer or labor organiza-           pliance with such order. The appropriate               ‘‘electronic voting system’’—
                                            tion a reasonable attorney fee, not exceeding           United States district court shall have juris-            (A) includes an internet voting system and
                                            $1,000, to be paid by the complainant.                  diction, without regard to the amount in               a telephone voting system; and




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                                            H1156                                             CONGRESSIONAL RECORD — HOUSE                                                             March 9, 2021
                                               (B) does not include machines used for                 (4) use of technology or algorithms, includ-             On page 34, line 4, strike ‘‘301’’ and insert
                                            casting votes at a polling site or an elec-             ing the adoption of new technology and algo-            ‘‘302’’.
                                            tronic tabulation system where votes are                rithms; and                                                On page 34, line 10, strike ‘‘302’’ and insert
                                            cast non-electronically but counted elec-                 (5) workplace safety and health.                      ‘‘303’’.
                                            tronically (such as a punch card or optical               (c) STAKEHOLDER INPUT.—In preparing the                  In the table of contents— .
                                            scanning system).                                       report, the Government Accountability Of-                  (1) in the matter relating to section 301,
                                               (2) INTERNET VOTING SYSTEM.—The term                 fice shall gather information from impacted             strike ‘‘301’’ and insert ‘‘302’’;
                                            ‘‘internet voting system’’ means an internet-           stakeholders, including various business en-               (2) in the matter relating to seciton 302,
                                            based voting system that allows a partici-              terprises and labor organizations. In devel-            strike ‘‘302’’ and insert ‘‘303’’; and
                                            pant to cast a ballot remotely using a per-             oping a list of stakeholders, the Government               (3) insert before the matter relating to sec-
                                            sonal computer or other mobile electronic               Accountability Office shall consult with the            tion 302, as so amended, the following:
                                            device that is connected to the internet.               House Committee on Education and Labor                  Sec. 301. GAO report on sectoral bargaining.
                                               (3) TELEPHONE VOTING SYSTEM.—The term                and the Senate Committee on Health, Edu-
                                                                                                                                                              AMENDMENT NO. 16 OFFERED BY MS. TLAIB OF
                                            ‘‘telephone voting system’’ means a voting              cation, Labor and Pensions.
                                                                                                                                                                               MICHIGAN
                                            system in which participants may cast a                   (d) CONGRESSIONAL REPORT.—Six months
                                            vote remotely using a telephone.                        after the commencement of the study, the                  Page 11, line 5, insert ‘‘as soon as prac-
                                               (4) REMOTELY.—The term ‘‘remotely’’, used            Government Accountability Office shall                  ticable and not later than within 120 days,
                                            with respect to voting in a representation              transmit its findings and report to the Com-            absent extraordinary circumstances or by
                                            election, means a vote may be cast at any               mittee on Education and Labor of the House              agreement or permission of the parties,’’
                                            site chosen by a participant in such election.          of Representatives and the Committee on                 after ‘‘dispute’’.
                                               (5) REPRESENTATION ELECTION.—The term                Health, Education, Labor and Pensions of                 AMENDMENT NO. 17 OFFERED BY MR. TORRES OF
                                            ‘‘representation election’’ means a represen-           the Senate, and consistent with its policies,                              NEW YORK
                                            tation election under section 9 of the Na-              make its findings and report available to the             On page 33, line 13, strike ‘‘Section’’ and
                                            tional Labor Relations Act (29 U.S.C. 159).             public.                                                 insert ‘‘(a) Section’’.
                                               On page 34, line 4, strike ‘‘301’’ and insert          (e)   PRESIDENTIAL      CONSIDERATION.—The              On page 34, after line 2, insert the fol-
                                            ‘‘302’’.                                                President, in consultation with the Depart-             lowing:
                                                                                                    ment of Labor and other agencies as the                   (b) Section 203(b) of the Labor-Manage-
                                               On page 34, line 10, strike ‘‘302’’ and insert
                                                                                                    President deems appropriate, shall, subse-              ment Reporting and Disclosure Act of 1959
                                            ‘‘303’’.
                                                                                                    quent to the issuance of such report, con-              (29 U.S.C. 433(b)) is amended in the matter
                                               On page 3, in the table of contents—                 sider such findings, and within 60 days may
                                               (1) in the matter related to section 301,                                                                    following paragraph (2)—
                                                                                                    recommend that the House of Representa-                   (1) by striking the period at the end; and
                                            strike ‘‘301’’ and insert ‘‘302’’;                      tives and the Senate modify Section 101(a) or
                                               (2) in the matter related to section 302,                                                                      (2) by inserting ‘‘and shall make such in-
                                                                                                    Section 101(b), or both or make no rec-                 formation available to the public in a readily
                                            strike ‘‘302’’ and insert ‘‘303’’; and                  ommendations.
                                               (3) before the matter related to section 302,                                                                accessible and searchable electronic format,
                                                                                                      (f) SENSE OF THE HOUSE OF REPRESENTA-
                                            as so redesignated, insert the following:                                                                       and through a secure software application
                                                                                                    TIVES.—It is the sense of the House of Rep-
                                            Sec. 301. Electronic Voting in Union Elec-                                                                      for use on an electronic device.’’.
                                                                                                    resentatives that the House of Representa-
                                                            tions.                                  tives shall consider whether to accept, re-               The SPEAKER pro tempore. Pursu-
                                              AMENDMENT NO. 12 OFFERED BY MRS. MCBATH               ject, or modify any recommendations re-                 ant to House Resolution 188, the gen-
                                                               OF GEORGIA                           ceived under (e), as it deems appropriate.              tleman from Virginia (Mr. SCOTT) and
                                              On page 34, after line 13, insert the fol-              On page 3, in the table of contents, insert           the gentlewoman from North Carolina
                                            lowing:                                                 after the matter relating to section 302 the            (Ms. FOXX) each will control 10 min-
                                            SEC. 303. RULE OF CONSTRUCTION.                         following:                                              utes.
                                              The amendments made under this Act                    Sec. 303. GAO Report.                                     The Chair recognizes the gentleman
                                            shall not be construed to affect the defini-            AMENDMENT NO. 14 OFFERED BY MS. NEWMAN OF               from Virginia.
                                            tions of ‘‘employer’’ or ‘‘employee’’ under                                    ILLINOIS
                                            the laws of any State that govern the wages,              On page 13, on line 17, insert before the pe-                           b 1415
                                            work hours, workers’ compensation, or un-               riod the following: ‘‘and to ensure that such             Mr. SCOTT of Virginia. Madam
                                            employment insurance of employees.                      notice is provided to employees in a lan-               Speaker, I yield 11⁄2 minutes to the gen-
                                              In the table of contents, after the matter            guage spoken by such employees’’.                       tlewoman from Florida (Mrs. MURPHY).
                                            relating to section 302, insert the following:          AMENDMENT NO. 15 OFFERED BY MS. STEVENS OF                Mrs. MURPHY of Florida. Madam
                                            Sec. 303. Rule of Construction.                                               MICHIGAN                          Speaker, I rise in support of my amend-
                                             AMENDMENT NO. 13 OFFERED BY MRS. MURPHY                     Page 34, after line 3, insert the following:
                                                               OF FLORIDA
                                                                                                                                                            ment in the en bloc package. If it is ap-
                                                                                                    SEC. 301. GAO REPORT ON SECTORAL BAR-
                                              On page 34, after line 13, insert the fol-                       GAINING.
                                                                                                                                                            proved, I will vote for the bill.
                                            lowing:                                                   (a) IN GENERAL.—Not later than 3 years                  The PRO Act aims to protect the
                                                                                                    after the date of enactment of this Act, the            right of workers to decide whether to
                                            SEC. 303. GAO REPORT.
                                              (a) IN GENERAL.—The Comptroller General,              Comptroller General shall conduct a review              form a union that can negotiate with
                                            through the Government Accountability Of-               of collective bargaining at the sectoral level          their employer over working condi-
                                            fice, shall one year after the date of enact-           in a geographically diverse set of countries            tions. It proceeds from the principle
                                            ment of this Act commence a study on the                where sectoral bargaining is facilitated and            that America is stronger when the mid-
                                            impact of Section 101(a) and Section 101(b) of          prepare and submit to Congress a report with            dle class is stronger, and the middle
                                            this Act regarding—                                     respect to such countries that—
                                                                                                                                                            class is stronger when unions are
                                              (1) the effect on coverage of employees                 (1) identifies, analyzes, and compares—
                                                                                                      (A) the laws and policies governing or re-            stronger.
                                            under of the National Labor Relations Act,
                                            and the impact from such change in cov-                 lated to collective bargaining at the sectoral            This principle is personal to me. I
                                            erage, on their capacity in various sectors to          level;                                                  grew up in Virginia, and my dad
                                            form unions and collectively bargain as a                 (B) the administrative systems facilitating           worked at a power plant and he was in
                                            means to improve wages, benefits, workplace             such bargaining; and                                    a union. He was a refugee from Viet-
                                            safety, and other working conditions, and                 (C) the procedures involved in sectoral bar-          nam. He had an incredible work ethic,
                                              (2) the effect on employers and other enter-          gaining;                                                but he struggled with English and re-
                                            prises regarding the right of employees to or-            (2) to the extent practicable, consider re-
                                                                                                                                                            lied on the union to fight for him to
                                            ganize and collectively bargain over wages,             ported effects of the policies and procedures
                                                                                                    described in paragraph (1) on—                          have    a   living    wage     and    good
                                            benefits, workplace safety, and other work-
                                            ing conditions in such sectors.                           (A) the wages and compensation of employ-             healthcare. This allowed our family to
                                              (b) FACTORS.—Such study shall identify,               ees;                                                    have    opportunities     we     otherwise
                                            compare, and analyze impacts from changes                 (B) the number of full-time and part-time             wouldn’t have had.
                                            implicated by Section 101(a) and Section                employees;                                                There are many provisions in the
                                            101(b) on—                                                (C) prices, sales, and revenues;                      PRO Act I support. There are also pro-
                                              (1) flexibility for employees with respect to           (D) employee turnover and retention;                  visions that give me pause, especially




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                                            hours, shifts, assignments and working ar-                (E) hiring and training costs;                        the changes made to the definitions of
                                            rangements;                                               (F) productivity and absenteeism; and
                                              (2) rates of compensation, health care, and             (G) the development of emerging indus-
                                                                                                                                                            employee and joint employer in the Na-
                                            employee benefits;                                      tries, including those that engage their                tional Labor Relations Act.
                                              (3) resolution of grievances and disputes,            workforces through technology; and                        Madam Speaker, I thank the Edu-
                                            including employers’ ability to terminate                 (3) describes the methodology used to gen-            cation and Labor Committee and
                                            and employees’ right to due process;                    erate the information in the report.                    Democratic leadership for working



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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                      H1157
                                            with me to craft an amendment that                      nately, the extreme bill before us today               the 116th Congress and adopted by the
                                            addresses my concerns enough for me                     helps union bosses at the expense of                   House on February 6, 2020, by a roll call vote
                                            to support the PRO Act passage. My                      workers.                                               of 404–18.
                                            amendment requires GAO to prepare a                        The slate of Democrat amendments                       Specifically, the amendment explicitly ex-
                                            report on the impact of these two                       included in this en bloc amendment are                 tends whistleblower protections to employees
                                            changes on workers in businesses. The                   ploys disguised as policy intended to                  of both employers and unions under the Labor
                                            President is required to consider the                   provide political cover to the Democrat                Management Reporting and Disclosure Act.
                                            report, and he can recommend that                       Members who are uncomfortable voting                      This is a fair and balanced amendment.
                                            Congress modify one or both of these                    for the job-destroying underlying bill,                   Supreme Court decisions like Janus v.
                                            definitions.                                            and, in many cases, the amendments                     AFSCME, 585 U.S.ll138 S. Ct. 2448, 201
                                              My amendment also expresses the                       included make the bill even worse.                     L. Ed. 2d 924 (2018), and many others, have
                                            sense of the House that Congress shall                     Madam Speaker, I urge my col-                       severely weakened the ability for unions to be
                                            consider whether to accept, reject, or                  leagues to reject this partisan en bloc                able to organize and bargain collectively, or to
                                            modify any recommendations received                     amendment, and I reserve the balance                   discharge an essential mediating function
                                            from the President. This is called evi-                 of my time.                                            upon which a vibrant democracy depends.
                                            dence-based policymaking, and we                           Mr. SCOTT of Virginia. Madam                           The PRO Act protects the workers who are
                                            should do more of it.                                   Speaker, I yield 1 minute to the gentle-               trying to organize.
                                              Madam Speaker, I urge support for                     woman from Texas (Ms. JACKSON LEE).                       But the Jackson Lee Amendment No. 9 ex-
                                            my amendment.                                              Ms. JACKSON LEE. Madam Speaker,                     tends whistleblower protections to all employ-
                                              Ms. FOXX. Madam Speaker, I yield                      I thank the gentleman for his leader-                  ees, of employers or of unions, to encourage
                                            myself such time as I may consume.                      ship.                                                  and empower them to come forward and
                                              Madam Speaker, I rise in opposition                      Madam Speaker, I rise enthusiasti-                  make known something wrong or unlawful that
                                            to the Democrat en bloc amendments.                     cally to support the PRO Act and its                   they have learned or observed.
                                            My Democrat colleagues are rushing a                    protection against executives and com-                    Let me give you an example.
                                            radical piece of legislation to the                     panies who violate workers’ rights, its                   Last year, I met Kimberly Lawson, who is
                                            House floor without holding a single                    support for collective bargaining, and                 part of the Fight for $15.
                                            committee hearing or markup. Rushing                    also its access to fair elections with                    She also came to see me to advise me of
                                            sweeping, one-sided legislation to the                  unions.                                                the problems she has had with sexual harass-
                                                                                                       I rise to support my amendment,                     ment on her job in the fast-food industry.
                                            floor without any prior debate or con-
                                                                                                    number 9. The Jackson Lee amendment                       She told me, on the record, that if we could
                                            sideration this year silences Members
                                                                                                    is direct. The amendment explicitly ex-                pass the PRO Act, she would not be alone try-
                                            of the minority. This is an outright as-
                                                                                                    tends whistleblower protections to em-                 ing to raise our hourly wage or face sexual
                                            sault on the legislative process and
                                                                                                    ployees, both employers, and unions,                   harassment without a union to help her.
                                            serves only to hide the Democrats’ so-
                                                                                                    under the Labor Management Report-                        Madam Speaker, this whistleblower protec-
                                            cialist agenda.
                                                                                                    ing and Disclosure Act. I am grateful                  tion is important because it gives workers like
                                              There are 20 new members on the
                                                                                                    to the unions and to the committee for                 Ms. Lawson the ability to be able to report
                                            Education and Labor Committee on
                                                                                                    working with this very important                       what is happening to them without losing or
                                            both sides of the aisle, not to mention
                                                                                                    amendment.                                             jeopardizing their jobs and the ability, like Ms.
                                            the dozens of new Members of the                           It extends whistleblower protection
                                            House, and their constituents deserve                                                                          Lawson, to support her children on the income
                                                                                                    to all employees of employers or of                    of a single mother.
                                            to have their elected representatives                   unions to encourage and empower them                      Our economy needs a strong middle class,
                                            examine this dangerous bill.                            to come forward and make known that
                                              Additionally, the last time the Edu-                                                                         and unions are essential to rebuilding Amer-
                                                                                                    something is wrong.                                    ica’s middle class and improving the lives of
                                            cation and Labor Committee held a                          Ms. Lawson, who was in a fight for
                                            hearing on any version of the PRO Act                                                                          workers and their families.
                                                                                                    $15, worked for a fast food industry.                     When workers have the power to stand to-
                                            was July 2019. Since that time, a world-                She was sexually harassed. She needs                   gether and form a union, they have higher
                                            wide pandemic has devastated large                      that kind of protection. So this amend-                wages, better benefits, and safer working con-
                                            sectors of the American economy. In                     ment is very strong and adds to this                   ditions.
                                            light of this fact alone, Congress                      very strong initiative.                                   Protecting workers’ rights to organize will
                                            should hear from affected stakeholders                     Madam Speaker, I rise in support of Jack-           help rebuild the middle class and improve the
                                            before passing a radical sweeping bill.                 son Lee Amendment No. 9 included in the                quality of life for workers and their families.
                                              Even more concerning than the muz-                    Chairman’s En Bloc Amendment to H.R. 842,                 Unions are essential to rebuilding America’s
                                            zle imposed by this sham legislative                    the ‘‘Protecting the Right to Organize Act of          middle class and improving the lives of work-
                                            process on the minority party and busi-                 2021,’’ or ‘‘PRO Act,’’ which protects the basic       ers and their families because they deliver
                                            ness owners around the country is the                   right to join a union by (1) empowering work-          higher wages, better benefits, and safer work-
                                            underlying bill’s silencing and dis-                    ers to exercise their right to organize; (2) hold-     ing conditions.
                                            enfranchisement of workers. This far-                   ing employers accountable for violating work-             Unions deliver bigger paychecks for both
                                            reaching legislation is nothing more                    ers’ rights; and (3) securing free, fair, and safe     union and nonunion workers.
                                            than a union boss wish list aimed at re-                union elections.                                          Over the last eight decades, unions have
                                            warding Democrats’ big labor allies at                     The LMRDA of 1959 protects union mem-               consistently provided workers with a 10- to 20-
                                            the expense of American workers.                        bers through a ‘‘bill of rights’’ for union mem-       percent higher wage.
                                              Union membership in the United                        bers, requires extensive reporting of union fi-           The benefits of union membership are so
                                            States has been decreasing for over 60                  nances, and mandates transparency of ar-               strong that even the children of union workers
                                            years, and continues to plummet due                     rangements between employers and anti-labor            enjoy greater economic mobility.
                                            to the modern economy and unions’                       consultants.                                              When union density is high, even nonunion
                                            own failings. But instead of increasing                    I am pleased that the PRO Act includes re-          workers receive higher wages.
                                            transparency and accountability to                      forms to the LMRDA that clarify that employ-              Unions provide workers with a voice on the
                                            serve their members better, labor                       ers must disclose arrangements with consult-           job to bargain for better wages and safer
                                            union leaders are demanding House                       ants on indirectly persuading employees on             working conditions.
                                            Democrats pass the PRO Act to tilt the                  how to exercise their labor rights.                       While the entire economy has suffered from
                                            scales in their favor. Democrats are                       Examples of indirect persuasion include             massive job loss during the pandemic, union
                                            doing exactly that, no matter the cost.                 planning employee meetings, training em-               workers suffered fewer job losses because
                                              Madam Speaker, I would like to re-                    ployer representatives, and identifying employ-        they were able to bargain with employers on




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                                            mind my colleagues that Federal law                     ees for disciplinary action or targeting.              how to respond to the pandemic.
                                            already protects the right of employees                    The Jackson Lee Amendment No. 9 makes                  Unions deliver greater access to affordable
                                            to organize, and Republicans respect                    a simple common-sense improvement to the               health care and a more secure retirement.
                                            that right. But any reforms to U.S.                     bill.                                                     Private sector workers covered by a union
                                            labor laws should help workers flourish                    The identical version of this amendment             contract are 27 percent more likely to be of-
                                            in the modern economy. Unfortu-                         was made in order by the Rules Committee in            fered health insurance through their employer.



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                                            H1158                                             CONGRESSIONAL RECORD — HOUSE                                                           March 9, 2021
                                               More than 9 in 10 unionized private sector           blowers. Thank you for your leadership.                   When nonunion workers have advocated for
                                            workers have access to a retirement plan,               Please consider Government Accountability              health and safety protections or wage in-
                                            compared to just 65 percent of nonunion work-           Project on call for further assistance.                creases, they have often been retaliated
                                                                                                         Sincerely,
                                            ers.                                                                                TOM DEVINE,
                                                                                                                                                           against or even fired for doing so.
                                               Unions narrow both the racial wealth gap                                            Legal Director.
                                                                                                                                                              Workers’ lives and the health and safety of
                                            and the gender pay gap.                                                                                        working families depends on their ability to
                                                                                                       Ms. JACKSON LEE. Madam Speaker,
                                               About two-thirds (65 percent) of workers                                                                    have a say in how they do their jobs.
                                                                                                    I ask support of the Jackson Lee                          While the entire economy has suffered from
                                            age 18 to 64 who are covered by a union con-            amendment in the en bloc amendment
                                            tract are women and/or people of color.                                                                        massive job loss during the pandemic, union
                                                                                                    No. 1.                                                 workers suffered fewer job losses because
                                               Union members of color have almost five                 Madam Speaker, I rise in support of H.R.
                                            times the median wealth of their nonunion                                                                      they were able to bargain with employers on
                                                                                                    842, the ‘‘Protecting the Right to Organize Act
                                            counterparts.                                                                                                  how to respond to the pandemic.
                                                                                                    of 2021, or ‘‘PRO Act,’’ which protects the
                                               Unions are one of the most effective solu-                                                                     Unions deliver greater access to affordable
                                                                                                    basic right to join a union by (1) empowering
                                            tions for closing the gender pay gap.                                                                          health care and a more secure retirement.
                                                                                                    workers to exercise their right to organize; (2)          Private sector workers covered by a union
                                               I urge all members to join me in supporting          holding employers accountable for violating
                                            Jackson Lee Amendment No. 9 by voting for                                                                      contract are 27 percent more likely to be of-
                                                                                                    workers’ rights; and (3) securing free, fair, and      fered health insurance through their employer.
                                            the En Bloc Amendment to H.R. 842, the Pro-             safe union elections.
                                            tecting the Right to Organize Act, or PRO Act,                                                                    More than 9 in 10 unionized private sector
                                                                                                       Our economy needs a strong middle class,
                                            of 2021.                                                                                                       workers have access to a retirement plan,
                                                                                                    and unions are essential to rebuilding Amer-
                                               I want to remind us that, in the early                                                                      compared to just 65 percent of nonunion work-
                                                                                                    ica’s middle class and improving the lives of
                                            1900s, women worked in factories where                                                                         ers
                                                                                                    workers and their families.                               Unions narrow both the racial wealth gap
                                            they died. They simply died because                        The erosion of America’s middle-class is a
                                                                                                                                                           and the gender pay gap.
                                            there were no provisions, no protec-                    direct result of decades-long assault on work-            The right to a union and collective bar-
                                            tions; and they died with drastic fires                 ers’ rights, funded by wealthy special interests.      gaining is also directly relevant to our urgent
                                            and other devastating actions.                             When workers have the power to stand to-
                                                                                                                                                           national conversation around racial inequality
                                               Madam Speaker, I ask support of this                 gether and form a union, they have higher
                                                                                                                                                           in its various forms, including economic dis-
                                            legislation.                                            wages, better benefits, and safer working con-
                                                                                                    ditions.                                               parities by race.
                                               Madam Speaker, I include in the                                                                                Unions and collective bargaining help shrink
                                            RECORD a letter of support for the                         Workers seeking to organize a union fre-
                                                                                                    quently face a surge of intimidation and retal-        the Black-White wage gap, and this means
                                            Jackson Lee amendment from the Gov-                                                                            that the decline of unionization has played a
                                            ernment Accountability Project. It                      iation from wealthy special interests.
                                                                                                       After decades of anti-worker attacks, union         significant role in the expansion of the Black-
                                            reads that they think that this is an                                                                          White wage gap over the last four decades,
                                            especially important initiative to be                   membership is at historic lows and inequality
                                                                                                    is at historic highs.                                  and that an increase in unionization could help
                                            added. I ask that in support.                                                                                  reverse those trends.
                                             GOVERNMENT ACCOUNTABILITY PROJECT,                        It is imperative that we begin to recognize
                                                                                                    that the American people support unions—                  About two-thirds (65 percent) of workers
                                                           Washington, DC, March 8, 2021.
                                            Hon. SHEILA JACKSON LEE,                                over 64 percent of Americans and millennials           age 18 to 64 who are covered by a union con-
                                            Member of Congress, House of Representatives,           appreciate the idea of having representation           tract are women and/or people of color.
                                            Washington, DC.                                         for better quality of life and work.                      Union members of color have almost five
                                              DEAR REPRESENTATIVE LEE: Thank you for                   When workers have the power to stand to-            times the median wealth of their nonunion
                                            your leadership through legislation to add              gether and form a union, they have higher              counterparts.
                                            whistleblower protection rights to the Labor            wages, better benefits, and safer working con-            Unions are one of the most effective solu-
                                            Management Reporting and Disclosure Act                                                                        tions for closing the gender pay gap.
                                                                                                    ditions.
                                            of 1959. That law strives for union account-                                                                      Madam Speaker, here are 36 reasons why
                                                                                                       Protecting workers’ rights to organize will
                                            ability to its members and in management                                                                       Americans should be thankful for unions and
                                            relations. Your bill reflects best practice             help rebuild the middle class and improve the
                                                                                                    quality of life for workers and their families.        remain committed to ensuring there will al-
                                            rights that Congress has passed 16 times
                                            since 2005 in laws throughout the private sec-             Unions are essential to rebuilding America’s        ways be a strong organized labor movement
                                            tor. However, the reality is that not only              middle class and improving the lives of work-          in the United States:
                                            employers abuse power and undermine work-               ers and their families because they deliver               1. Weekends
                                            er rights. This legislation protects those who          higher wages, better benefits, and safer work-            2. All breaks at work, including your lunch
                                            seek accountability within and by organiza-             ing conditions.                                        breaks
                                            tions whose mission is to protect employees.               Workers with strong unions have been able              3. Paid vacation
                                              As summarized below, your legislation                 to set industry standards for wages and bene-             4. FMLA (Family and Medical Leave Act)
                                            would honor best practices by—                                                                                    5. Sick leave
                                                                                                    fits that help all workers, both union and non-
                                              prohibiting retaliation against applicants,                                                                     6. Social security
                                            employees or former employees who are per-              union.
                                                                                                       Over the last eight decades, unions have               7. Minimum wage
                                            ceived as disclosing or assisting to disclose                                                                     8. Civil Rights Act Title VII (prohibits Em-
                                            violations of the Act’s provisions;                     consistently provided workers with a 10- to 20-
                                                                                                                                                           ployer Discrimination)
                                              protecting both front line and management             percent higher wage.
                                                                                                       The benefits of union membership are so                9. 8-Hour workday
                                            employees from retaliation;
                                                                                                                                                              10. Overtime pay
                                              extending identical protection to those               strong that even the children of union workers            11. Child labor laws
                                            who refuse to obey orders to violate the law;           enjoy greater economic mobility.
                                              providing an administrative remedy at the                                                                       12. Occupational Safety & Health Act
                                                                                                       Unions provide workers with a voice on the
                                            U.S. Department of Labor, with the right to                                                                    (OSHA)
                                                                                                    job to bargain for better wages and safer                 13. 40 Hour Work Week
                                            a jury trial in federal court if there is not a         working conditions, and never has it been
                                            timely decision;                                                                                                  14. Worker’s Compensation (Worker’s
                                              governing enforcement with realistic Whis-
                                                                                                    more important that all workers have a voice           Camp)
                                            tleblower Protection Act legal burdens of               in the workplace and access to a union.                   15. Unemployment Insurance
                                            proof; and                                                 While the majority of workers who are cur-             16. Pensions
                                              so employees do not lose by winning, pro-             rently working onsite at their workplaces be-             17. Workplace Safety Standards and Regu-
                                            viding ‘‘make whole’’ remedies for those who            lieve they face considerable risk of COVID–19          lations
                                            prevail, including cancelation of all career            infection, Black and Hispanic workers are                 18. Employer Health Care Insurance
                                            damage, compensatory damages and costs in-              more likely to fear risks from work than are              19. Collective Bargaining Rights for Employ-
                                            cluding attorney fees.                                  White workers.                                         ees
                                              Unless there are loopholes in the political              In fact, Black workers make up one in six of           20. Wrongful Termination Laws




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                                            mandate for accountability, this legislation
                                                                                                    all front-line industry workers, putting them             21. Age Discrimination in Employment Act
                                            should not be controversial. It merely ap-
                                            plies almost identical legal rights in the              and their family members at greater risk of            of 1967
                                            labor-management context that Congress                  contracting and spreading COVID–19.                       22. Whistleblower Protection Laws
                                            has enacted since 2005 for financial, food                 Without unions, many workers are forced to             23. Employee Polygraph Protect Act (Pro-
                                            safety, consumer protection, energy, medical            work without personal protective equipment or          hibits Employer from using a lie detector test
                                            insurance     and    transportation    whistle-         access to paid leave or premium pay.                   on an employee)



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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                 H1159
                                               24. Veteran’s Employment and Training                American workers whose rights have                       Last week, I was in Bessemer, Ala-
                                            Services (VETS)                                         been undermined and attacked for dec-                  bama, supporting workers fighting to
                                               25. Compensation increases and Evalua-               ades in this country. I am from a union                form a union at an Amazon warehouse.
                                            tions (Raises)                                          family.                                                Amazon, the company that got us all
                                               26. Sexual Harassment laws                             Americans who have been on the                       to stay home instead of going to a
                                               27. Americans With Disabilities Act (ADA)            front lines of this pandemic since day                 store in person, demanded an in-person
                                               28. Holiday Pay                                      one, yet they have been forced to work                 election for 5,800 workers in the middle
                                               29. Employer Dental, Life, and Vision Insur-         with lousy benefits, in unsafe condi-                  of a COVID hotspot, but the NLRB or-
                                            ance                                                    tions, and for insufficient pay. Too                   dered a safer mail ballot election in-
                                               30. Privacy Rights                                   many of these workers don’t have the                   stead. Amazon circumvented that rul-
                                               31. Pregnancy and Parental Leave                     ability to organize for stronger rights                ing and had a mailbox placed in the
                                               32. Military Leave                                   because too many don’t even know
                                               33. The Right to Strike                                                                                     parking lot under a tent covered in
                                                                                                    their rights to organize.                              antiunion propaganda, and urged em-
                                               34. Public Education for Children                      Many times, employers deliberately
                                               35. Equal Pay Acts of 1963 & 2011 (Re-                                                                      ployees to vote there.
                                                                                                    don’t want their workers to know their                   This is why the PRO Act gives work-
                                            quires employers pay men and women equally              rights to organize and they hide it.
                                            for the same amount of work)                                                                                   ers the right to choose the method of
                                                                                                    Other times, it is because a worker’s                  their own election, so they can vote
                                               36. Laws Ending Sweatshops in the United
                                                                                                    rights are posted in a language that he                away from such coercive environments.
                                            States                                                  or she does not speak.
                                               I urge all members to join me in supporting                                                                   Electronic union elections aren’t
                                                                                                      By passing the PRO Act, we will not                  new. The National Mediation Board has
                                            H.R. 842, the Protecting the Right to Organize          only require employers to post notices
                                            Act, or PRO Act, of 2021.                                                                                      conducted secure electronic elections
                                                                                                    informing workers of their rights to or-               in the rail and airline industries for al-
                                               Ms. FOXX. Madam Speaker, I yield
                                                                                                    ganize, but with the amendment I am                    most two decades without a single
                                            11⁄2 minutes to the gentleman from Vir-                 proposing, we will also ensure that
                                            ginia (Mr. GOOD).                                                                                              problem.
                                                                                                    these notices are posted in the lan-                     Madam Speaker, I urge my col-
                                               Mr. GOOD of Virginia. Madam Speak-
                                                                                                    guages spoken by their employees,                      leagues to support this amendment and
                                            er, I rise in opposition to the PRO Act
                                                                                                    such as Spanish, Arabic, Polish, and                   the PRO Act.
                                            and to these amendments.
                                                                                                    any language, really. When one worker                    Ms. FOXX. Madam Speaker, I reserve
                                               The PRO Act will ban right-to-work
                                                                                                    doesn’t know their rights, the entire                  the balance of my time.
                                            laws in 27 States. It will give unions
                                                                                                    workforce is weakened.                                   Mr. SCOTT of Virginia. Madam
                                            millions more dollars to funnel to                        Madam Speaker, I urge my col-
                                            Democrats by requiring all workers to                                                                          Speaker, I yield 1 minute to the gentle-
                                                                                                    leagues to pass this amendment and                     woman from Michigan (Ms. TLAIB).
                                            pay dues via payroll deduction, even if                 the PRO Act so we can truly restore
                                            they don’t support the union.                                                                                    Ms. TLAIB. Madam Speaker, workers
                                                                                                    workers’ rights in this country. All                   in our Nation deserve human dignity.
                                               From 2010 to 2018, unions sent $1.6
                                                                                                    workers have rights.                                   That means the right to fight for safe-
                                            billion from employee dues to leftwing                    Ms. FOXX. Madam Speaker, I reserve
                                            groups, such as Planned Parenthood                                                                             ty and fairness in the workplace, as
                                                                                                    the balance of my time.
                                            and the Clinton Foundation. The PRO                       Mr. SCOTT of Virginia. Madam                         residents in my district know this all
                                            Act will require companies to provide                   Speaker, I yield 1 minute to the gentle-               too well because we birthed the labor
                                            union organizers their private, per-                    woman from Georgia (Ms. BOURDEAUX).                    rights movement.
                                            sonal contact information of employ-                      Ms. BOURDEAUX. Madam Speaker, I                        One of the most important provisions
                                            ees so they can be pressured, harassed,                 rise today in support of my amend-                     in the PRO Act provides for mediation
                                            and intimidated into supporting the                     ment, which clarifies that the PRO Act                 and arbitration if the employer and
                                            union.                                                  does not expand the National Labor                     union cannot agree to a first collective
                                               It will eliminate secret ballots and                 Relations Board’s jurisdiction over the                bargaining agreement.
                                            replace those with card check, where                    smallest of small businesses, who help                   My amendment guarantees that
                                            union bosses can simply collect author-                 drive the economy in my district and                   there will be no undue delay providing
                                            ization cards supposedly from employ-                   across the country.                                    workers that agreement. Currently, al-
                                            ees agreeing to organize. If the Union                    The NLRB uses metrics to determine                   most 50 percent of unions fail to reach
                                            doesn’t win the election, it puts the                   whether a company affects interstate                   an agreement within a year with the
                                            burden on employees to prove they                       commerce, and, thus, is subject to its                 employer. So my amendment specifies
                                            didn’t engage in unfair labor practices                 enforcement and standards with dif-                    that the arbitration panel must issue a
                                            to influence the outcome.                               ferent thresholds for different types of               decision within 120 days. This furthers
                                               The PRO Act destroys the franchise                   businesses. My amendment ensures                       the core purpose of the bill by pre-
                                            model, independent contractor status,                   that these thresholds do not change.                   venting employers from delaying this
                                            subcontractors, and gig workers by im-                    In other words, my amendment pro-                    and putting the harm on workers.
                                            plementing a one-size-fits-all new em-                  vides certainty to the small family-run                  Ms. FOXX. Madam Speaker, I reserve
                                            ployee classification. It repeals the ban               businesses found throughout my dis-                    the balance of my time.
                                            on secondary boycotts and subjects                      trict because the labor standards they                   Mr. SCOTT of Virginia. Madam
                                            suppliers and affiliates to union pres-                 are subject to will not change under                   Speaker, I yield 1 minute to the gen-
                                            sure, harassment, and intimidation                      this bill. My amendment protects our                   tleman from New York (Mr. TORRES).
                                            tactics just because they do business                   employees while maintaining stability                    Mr. TORRES of New York. Madam
                                            with the company that is under attack.                  for small businesses that are already                  Speaker, a law is only as strong as the
                                               It prohibits the replacement of strik-               under so much strain.                                  power to enforce it. For far too long,
                                            ing workers, giving unions and employ-                    Madam Speaker, I urge my col-                        the NLRB has been too powerless to
                                            ers risk-free leverage, unless the com-                 leagues on both sides of the aisle to                  enforce the National Labor Relations
                                            pany closes; and eliminates the em-                     support this amendment.                                Act. For too long, workers have been
                                            ployer’s ability to serve customers and                   Ms. FOXX. Madam Speaker, I reserve                   left to largely fend for themselves in
                                            operate during a strike. It massively                   the balance of my time.                                the face of retaliation and intimidation
                                            increases fines and other penalties for                   Mr. SCOTT of Virginia. Madam                         and arbitration.
                                            employers.                                              Speaker, I yield 1 minute to the gen-                    The PRO Act would breathe new life
                                               The PRO Act will cost American                       tleman from Michigan (Mr. LEVIN), a                    into the National Labor Relations Act.
                                            businesses $47 billion annually, and I                  member of the committee.                               It would empower the NLRB to impose




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                                            urge its rejection.                                       Mr. LEVIN of Michigan. Madam                         civil penalties on and empower workers
                                               Mr. SCOTT of Virginia. Madam                         Speaker, I rise in support of this en                  to seek punitive damages against retal-
                                            Speaker, I yield 1 minute to the gentle-                bloc amendment, including my amend-                    iatory employers. Most importantly,
                                            woman from Illinois (Ms. NEWMAN).                       ment to develop a system and proce-                    the PRO Act would preempt the Or-
                                               Ms. NEWMAN. Madam Speaker, I                         dures to conduct union elections elec-                 wellian right-to-work laws so that
                                            rise today on behalf of the millions of                 tronically.                                            union organizing is given the freedom



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                                            H1160                                             CONGRESSIONAL RECORD — HOUSE                                                             March 9, 2021
                                            to flourish everywhere in the United                    resented by a union. This is aston-                      AMENDMENT NO. 2 OFFERED BY MR. ALLEN OF
                                            States.                                                 ishing since we know that from 2010 to                                   GEORGIA
                                              The PRO Act requires an employer to                   2018 unions spent $1.6 billion in member                  Page 3, in the table of contents, strike the
                                            disclose every time it seeks the serv-                  dues on hundreds of left-leaning groups                 item relating to section 111.
                                                                                                    such as Planned Parenthood, the Clin-                     Beginning on page 32, line 5, strike section
                                            ices of a professional union-buster.
                                                                                                                                                            111.
                                                              b 1430                                ton Foundation, and the Progressive
                                                                                                                                                              AMENDMENT NO. 3 OFFERED BY MR. COMER OF
                                                                                                    Democrats of America without con-
                                              I am proud to introduce an amend-                                                                                                KENTUCKY
                                                                                                    sulting their members.
                                            ment that requires DOL to make these                       The PRO Act will also undermine                       In title II of the bill, strike Sec. 202.
                                            disclosures available through an app.                   workers’ right to vote by secret ballot                 AMENDMENT NO. 5 OFFERED BY MR. FITZGERALD
                                            App-based notification would empower                                                                                              OF WISCONSIN
                                                                                                    by imposing a biased card-check
                                            essential workers to be vigilant in de-                 scheme in which workers could be                          Page 33, line 13, strike ‘‘Section 203(c)’’ and
                                            fending their essential right to orga-                  unionized without the union winning a                   insert ‘‘(A) REPORT TO EMPLOYERS.—Section
                                            nize.                                                                                                           203(c)’’.
                                                                                                    secret ballot election. Every Member of                   Page 34, after line 2, add at the end the fol-
                                              Ms. FOXX. Madam Speaker, I reserve                    Congress is elected by secret ballot,                   lowing:
                                            the balance of my time.                                 and House Democrats elect their own                       (b) RIGHT NOT TO SUBSIDIZE UNION NON-REP-
                                              Mr. SCOTT of Virginia. Madam                          caucus leadership by secret ballot; yet                 RESENTATIONAL ACTIVITIES.—Title I of the
                                            Speaker, I yield myself the balance of                  they want to deprive American work-                     Labor-Management Reporting and Disclo-
                                            my time.                                                ers of that same protection by passing                  sure Act of 1959 (29 U.S.C. 411 et seq.) is
                                              Madam Speaker, these amendments                       the PRO Act.                                            amended by adding at the end the following:
                                            will provide whistle-blower protection                     The bill also deprives individuals of                ‘‘SEC. 106. RIGHT NOT TO SUBSIDIZE UNION NON-
                                                                                                                                                                          REPRESENTATIONAL ACTIVITIES.
                                            for workers, expose violations of the                   entrepreneurial opportunities, the abil-
                                                                                                                                                              ‘‘No employee’s union dues, fees, or assess-
                                            Labor-Management Reporting and Dis-                     ity to set their own hours, and the
                                                                                                                                                            ments or other contributions shall be used or
                                            closure Act, require the Department of                  flexibility to care for children and fam-               contributed to any person, organization, or
                                            Labor to make employment arrange-                       ily members by creating burdensome                      entity for any purpose not directly related to
                                            ments and payments to union avoid-                      and discredited legal standards for de-                 the labor organization’s collective bar-
                                            ance firms available and more acces-                    termining joint employment and inde-                    gaining or contract administration functions
                                            sible, clarify that nothing in the bill                 pendent contractor status. The PRO                      on behalf of the represented unit employee
                                            would expand the National Labor Rela-                   Act means the elimination of the fran-                  unless the employee member, or nonmember
                                            tions Board’s jurisdictional standards,                 chise industry and sharing economy as                   required to make such payments as a condi-
                                                                                                                                                            tion of employment, authorizes such expend-
                                            direct the NLRB to establish a system                   we know them.
                                                                                                                                                            iture in writing, after a notice period of not
                                            of electronic voting in representation                     The bottom line is the underlying
                                                                                                                                                            less than 35 days. An initial authorization
                                            elections, clarify that nothing in the                  bill is shameful, and so is the process                 provided by an employee under the preceding
                                            bill will be construed to amend the def-                under which it is being considered. The                 sentence shall expire not later than 1 year
                                            inition of employer or employee in any                  Democrats’ en bloc package of amend-                    after the date on which such authorization is
                                            provisions of State law, direct the GAO                 ments does nothing to change that.                      signed by the employee. There shall be no
                                            to produce a study of the use of sec-                   H.R. 842 is radical, backwards-looking                  automatic renewal of an authorization under
                                            toral bargaining in peer nations, re-                   legislation which will diminish the                     this section.’’.
                                            quire that workers are informed of                      rights of workers and employers while                   AMENDMENT NO. 6 OFFERED BY MR. FULCHER OF
                                                                                                    harming the economy and providing a                                          IDAHO
                                            their rights under the bill in a lan-
                                            guage that they actually speak, direct                  political gift to labor union special in-                 Page 14, beginning on line 22, in section
                                                                                                    terests.                                                105, redesignate paragraphs (1), (2), and (3) as
                                            the GAO to produce a study of the im-
                                                                                                       We are better than this.                             paragraphs (2), (3), and (4), respectively.
                                            pact of the PRO Act’s changes to the                                                                              Page 14, line 25, insert before paragraph (2)
                                            definitions of employee and employer,                      Madam Speaker, I urge my col-
                                                                                                                                                            (as so redesignated) the following:
                                            adds a 120-day timeline for the arbitra-                leagues to vote against this en bloc                      (1) in subsection (a), by adding at the end
                                            tion process when workers and employ-                   package, and I yield back the balance                   the following: ‘‘: Provided further, That an
                                            ers are unable to reach a first bar-                    of my time.                                             employer’s voluntary recognition of a labor
                                            gaining agreement, and confirms that                       The SPEAKER pro tempore. Pursu-                      organization as exclusive bargaining rep-
                                            the bill will not affect existing provi-                ant to House Resolution 188, the pre-                   resentative of an appropriate unit of the em-
                                            sions for worker privacy.                               vious question is ordered on the                        ployer’s employees under this subsection,
                                                                                                    amendments en bloc offered by the                       and any collective-bargaining agreement ex-
                                              These amendments make meaningful                                                                              ecuted by the parties on or after the date of
                                            improvements to the bill.                               gentleman from Virginia.
                                                                                                       The question is on the amendments                    voluntary recognition, will not bar the proc-
                                              Madam Speaker, I urge a ‘‘yes’’ vote                                                                          essing of an election petition unless (1) the
                                                                                                    en bloc.
                                            on en bloc 1, and I yield back the bal-                                                                         employer and labor organization notify the
                                                                                                       The question was taken; and the
                                            ance of my time.                                                                                                Regional office that recognition has been
                                                                                                    Speaker pro tempore announced that                      granted; (2) the employer posts a notice of
                                              Ms. FOXX. Madam Speaker, I yield
                                                                                                    the ayes appeared to have it.                           recognition (provided by the Regional Office)
                                            myself the balance of my time.                             Ms. FOXX. Madam Speaker, on that I                   informing employees that recognition has
                                              Madam Speaker, as the party that                      demand the yeas and nays.                               been granted and that they have a right, dur-
                                            claims to champion the working class,                      The SPEAKER pro tempore. Pursu-                      ing a 45-day period to file a decertification or
                                            Democrats have certainly missed the                     ant to section 3(s) of House Resolution                 rival-union petition; and (3) 45 days from the
                                            mark with this bill.                                    8, the yeas and nays are ordered.                       posting date pass without a properly sup-
                                              H.R. 842 will force employers to hand                    Pursuant to clause 8 of rule XX, fur-                ported petition being filed.’’;
                                            over workers’ private, personal infor-                  ther proceedings on this question are                     Page 19, after line 18, insert the following:
                                            mation to union organizers without                                                                                ‘‘(9) Whenever any party to a representa-
                                                                                                    postponed.                                              tion proceeding files an unfair labor practice
                                            workers having any say in the matter                         AMENDMENTS EN BLOC NO. 2 OFFERED BY MR.            charge together with a request that it block
                                            or making sure their information will                                 SCOTT OF VIRGINIA                         the election process, or whenever any party
                                            not be shared with others. This would                     Mr. SCOTT of Virginia. Madam                          to a representation proceeding requests that
                                            make it even easier for union orga-                     Speaker, pursuant to section 3 of House                 its previously filed unfair labor practice
                                            nizers to target, harass, and intimidate                Resolution 188, I rise to offer amend-                  charge block the election process, the party
                                            workers.                                                ments en bloc No. 2.                                    shall simultaneously file, but not serve on
                                              H.R. 842 also overturns all State                       The SPEAKER pro tempore. The                          any other party, a written offer of proof in
                                            right-to-work laws. These 27 State laws                 Clerk will designate the amendments                     support of the charge. The offer of proof




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                                            allow workers to decide for themselves                                                                          shall provide the names of the witnesses who
                                                                                                    en bloc.
                                                                                                                                                            will testify in support of the charge and a
                                            whether to join a union and pay dues.                     Amendments en bloc No. 2 consisting
                                                                                                                                                            summary of each witness’s anticipated testi-
                                              If the PRO Act becomes law, workers                   of amendment Nos. 2, 3, 5, 6, 7, 8, 10, 18,             mony. The party seeking to block the elec-
                                            will be forced to take money from their                 and 19, printed in part B of House Re-                  tion process shall also promptly make avail-
                                            paychecks and give it to labor unions                   port 117–10, offered by Mr. SCOTT of Vir-               able to the regional director the witnesses
                                            even if they don’t want to be rep-                      ginia:                                                  identified in its offer of proof. The regional




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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                H1161
                                            director shall continue to process the peti-              (e) Section 2 of the Railway Labor Act (45             Madam Speaker, we have heard a lot
                                            tion and conduct the election. If the charge            U.S.C. 152) is amended by striking paragraph           about complaints about the dues but
                                            has not been withdrawn, dismissed, or set-              Eleventh.                                              what we don’t hear are complaints
                                            tled prior to the conclusion of the election,             The SPEAKER pro tempore. Pursu-                      about the higher salaries, safer work-
                                            the ballots shall be impounded until there is           ant to House Resolution 188, the gen-
                                            a final determination regarding the charge                                                                     places, and better benefits that are ac-
                                                                                                    tleman from Virginia (Mr. SCOTT) and                   crued by virtue of investments from
                                            and its effect, if any, on the election petition        the gentlewoman from North Carolina
                                            or fairness of the election.’’                                                                                 the unions. They enjoy those benefits,
                                                                                                    (Ms. FOXX) each will control 10 min-                   so it is not unreasonable to expect peo-
                                              AMENDMENT NO. 7 OFFERED BY MR. GOOD OF
                                                                                                    utes.                                                  ple to pay a fair share of those costs.
                                                                 VIRGINIA
                                                                                                      The Chair recognizes the gentleman
                                               Page 14, line 23, strike ‘‘Section 9’’ and in-                                                                Now, fair share does not include the
                                                                                                    from Virginia.
                                            sert ‘‘(a) IN GENERAL.—Section 9’’.                                                                            political activities, does not include
                                               Page 21, after line 7, insert the following:           Mr. SCOTT of Virginia. Madam
                                                                                                                                                           the annual holiday parties, but those
                                               (b) PROHIBITION OF NEUTRALITY AGREE-                 Speaker, I reserve the balance of my
                                                                                                                                                           services that the union is obligated by
                                            MENTS.—Section 302 of the Labor Manage-                 time.
                                            ment Relations Act (29 U.S.C. 186) is amend-              Ms. FOXX. Madam Speaker, I yield                     law to provide, negotiating salaries,
                                            ed—                                                     myself such time as I may consume.                     negotiating a safe workplace, individ-
                                               (1) in subsection (a), in the matter pre-              Madam Speaker, I rise in support of                  ualized representation when necessary,
                                            ceding paragraph (1), by striking ‘‘or de-              the Republican en bloc amendments.                     whatever they do for union members
                                            liver’’ each place it appears and inserting               Madam Speaker, of the 58 amend-                      they have to do for nonunion members,
                                            ‘‘provide, or deliver’’; and                            ments submitted by Republicans, un-                    a fair share of those expenses is not un-
                                               (2) by adding at the end the following:                                                                     reasonable.
                                               ‘‘(h) As used in this section, the term              fortunately only nine were made in
                                                                                                    order, and I remind my colleagues that                   Madam Speaker, I hope that we
                                            ‘thing of value’ includes organizing assist-
                                            ance.’’.                                                no committee markup was held on the                    would defeat these amendments that
                                               AMENDMENT NO. 8 OFFERED BY MR. HERN OF               bill, which prevented any amendments                   would undermine that idea, and I re-
                                                                OKLAHOMA                            from being considered prior to today.                  serve the balance of my time.
                                              Page 3, in the table of contents, after the             The Republican amendments high-                        Ms. FOXX. Madam Speaker, I yield 1
                                            item relating to section 302 add at the end             light the radical and flawed approach                  minute to the gentleman from Georgia
                                            the following:                                          H.R. 842 takes which would completely                  (Mr. ALLEN).
                                            Sec. 304. Effective date.                               unbalance American labor law in favor                    Mr. ALLEN. Madam Speaker, I stand
                                              Page 34, after line 13, add the following:            of unions while diminishing worker                     here today disappointed but not sur-
                                            SEC. 304. EFFECTIVE DATE.                               freedom.                                               prised that my Democratic colleagues
                                              This Act (and the amendments made by                    I will briefly mention several of the                and their union boss allies want my
                                            such Act) may not take effect until the Sec-            amendments which are included in this                  home State of Georgia to look just like
                                            retary of Labor certifies that this Act will            en bloc package: Mr. ALLEN’s amend-                    New York and California.
                                            not have an adverse impact on rates of em-              ment strikes the provision that over-                    This is made abundantly clear in the
                                            ployment in the United States.                                                                                 PRO Act where the bill outright bans
                                                                                                    turns 27 right-to-work laws which en-
                                            AMENDMENT NO. 10 OFFERED BY MR. KELLER OF                                                                      State right-to-work laws.
                                                              PENNSYLVANIA
                                                                                                    sure workers do not have to join or pay
                                                                                                    dues to a union if they choose not to.                   I can tell my colleagues one thing:
                                              Page 6, strike lines 16 through 19 and redes-                                                                Not on my watch.
                                                                                                      Mr. COMER’s amendment strikes the
                                            ignate subsequent subparagraphs accord-                                                                          Georgia has been a proud right-to-
                                            ingly.                                                  provision that would require attorney
                                              Page 31, strike line 23 and all that follows          and consultants to disclose to the Fed-                work State since 1947, and it is one of
                                            through page 32, line 4, and redesignate sub-           eral Government the agreements they                    the many reasons workers have pros-
                                            sequent sections accordingly.                           have with employers even if the attor-                 pered. That is why I rise today to offer
                                             AMENDMENT NO. 18 OFFERED BY MR. WALBERG                ney or consultant never has any con-                   my straightforward amendment that
                                                               OF MICHIGAN                          tact with employees.                                   strikes the ban on right-to-work
                                              Page 18, beginning on line 14, strike ‘‘not             Mr. FITZGERALD’s amendment pro-                      States.
                                            later than eight days after a notice of such            tects worker paychecks by requiring                      No American should be forced to pay
                                            hearing is served on the labor organization’’           that unions receive express consent to                 for representation and political activi-
                                            and insert ‘‘not earlier than 14 days after a           spend their money on activities unre-                  ties that they do not agree with, and
                                            petition for an election under paragraph (1)                                                                   that is what will happen if we do not
                                            is filed’’.
                                                                                                    lated to collective bargaining, such as
                                                                                                    politics.                                              adopt my amendment.
                                             AMENDMENT NO. 19 OFFERED BY MR. WILSON OF                                                                       It is a no-brainer: workers should be
                                                             SOUTH CAROLINA
                                                                                                      Mr. GOOD’s amendment highlights
                                                                                                    the often coercive nature of so-called                 in control of their earnings and how
                                              Page 3, in the table of contents, amend the                                                                  they spend it. Americans want choice.
                                            matter relating to section 111 to read as fol-          neutrality agreements entered by an
                                                                                                    employer and union during an orga-                       I urge my colleagues to support
                                            lows:
                                                                                                    nizing drive.                                          worker choice and vote ‘‘yes’’ on my
                                            Sec. 111. National right to work
                                                                                                      Representative KELLER’s amendment                    amendment.
                                              Beginning on page 32, line 5, amend section                                                                    Mr. SCOTT of Virginia. Madam
                                            111 to read as follows:                                 removes the provision that would allow
                                                                                                    intermittent strikes which would be in-                Speaker, I yield 1 minute to the gen-
                                            SEC. 111. NATIONAL RIGHT TO WORK.
                                               (a) Section 7 of the National Labor Rela-            credibly disruptive to small businesses,               tleman from Wisconsin (Mr. POCAN.)
                                            tions Act (29 U.S.C. 157) is amended by strik-          and the amendment also removes the                       Mr. POCAN. Madam Speaker, it is in-
                                            ing ‘‘except to’’ and all that follows through          provision that would prohibit employ-                  teresting today listening to the debate.
                                            ‘‘authorized in section 8(a)(3)’’.                      ers from replacing workers perma-                      I didn’t hear anything about workers,
                                               (b) Section 8(a)(3) of the National Labor            nently to keep businesses open.                        trying to actually help workers get a
                                            Relations Act (29 U.S.C. 158(a)(3)) is amended            Representative WALBERG’s amend-                      better wage or better benefits or better
                                            by striking ‘‘: Provided, That’’ and all that                                                                  safety in their workplace from people
                                                                                                    ment would give employers a reason-
                                            follows through ‘‘retaining membership’’.                                                                      on the other side of the aisle.
                                               (c) Section 8(b) of the National Labor Rela-         able amount of time to prepare for a
                                            tions Act (29 U.S.C. 158(b)) is amended—                free election hearing which is espe-                     But what I have heard over and over
                                               (1) in paragraph (2), by striking ‘‘or to dis-       cially important for small businesses                  and over again are Planned Parent-
                                            criminate’’ and all that follows through ‘‘re-          who have no HR personnel or in-house                   hood, the Clinton Foundation, and Pro-
                                            taining membership’’; and                               attorney.                                              gressive Democrats of America which,
                                               (2) in paragraph (4), as so redesignated               Mr. WILSON’s amendment would en-                     by the way, Madam Speaker, don’t ap-
                                            under section 104, by striking ‘‘covered by an          sure that workers across the country                   pear anywhere inside this bill today.




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                                            agreement authorized under subsection                                                                            I guess if you can’t talk about what
                                                                                                    do not have to join or pay dues to a
                                            (a)(3)’’.                                                                                                      you are going to do on behalf of work-
                                               (d) Section 8(f) of the National Labor Rela-         union if that is their choice.
                                            tions Act (29 U.S.C. 158(f)) is amended by                Madam Speaker, I reserve the bal-                    ers, you are going to talk about
                                            striking paragraph (2) and redesignating                ance of my time.                                       Planned Parenthood, Clinton Founda-
                                            paragraphs (3) and (4) as paragraphs (2) and              Mr. SCOTT of Virginia. Madam                         tion, and Progressive Democrats of
                                            (3), respectively.                                      Speaker, I yield myself 1 minute.                      America, which, by the way, I would



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                                            H1162                                             CONGRESSIONAL RECORD — HOUSE                                                       March 9, 2021
                                            argue the free time they have given                     tion. American workers should not be                   Small businesses lacking internal
                                            them this afternoon on national TV is                   forced to have a union represent them.                 human resources or legal departments
                                            probably more than the donations that                   American workers should not be forced                  would be most harmed by this ambush
                                            actually came from union organiza-                      to have their money go to political                    election.
                                            tions.                                                  candidates they do not support. Amer-                     Providing appropriate time for work-
                                              The bottom line is the other party                    ican workers deserve freedom, and this                 ers to hear both sides and inform them-
                                            here across the aisle has over and over                 amendment delivers that.                               selves does not substantially change
                                            said they want to rebrand themselves                      Right-to-work States like South                      the organizing process. It merely cre-
                                            as the workers’ party, and yet they                     Carolina have seen firsthand the job                   ates a more informed electorate.
                                            haven’t done a thing today to prove                     creation and robust economy that de-                      Madam Speaker, I urge support for
                                            they care about workers. They have                      velops when we expand freedom for                      my amendment.
                                            certainly proven for the bosses and cor-                jobs. It was crucial for South Carolina                   Mr. SCOTT of Virginia. Madam
                                            porations that they are best buddies,                   in our journey to become the leading                   Speaker, I reserve the balance of my
                                            BFFs forever, but on behalf of workers                  manufacturer and exporter of tires                     time.
                                            it is this side of the aisle that is doing              with Michelin, Bridgestone, Conti-                        Ms. FOXX. Madam Speaker, I yield 1
                                            all the heavy lifting.                                                                                         minute to the gentleman from Wis-
                                                                                                    nental, and Giti, while also being the
                                              Ms. FOXX. Madam Speaker, I yield 1                                                                           consin (Mr. FITZGERALD).
                                                                                                    largest exporter of cars in the United
                                            minute to the gentleman from Ken-                                                                                 Mr. FITZGERALD. Madam Speaker,
                                                                                                    States with BMW, Volvo, and Mercedes                   this amendment that I authored would
                                            tucky (Mr. COMER).                                      vans.
                                              Mr. COMER. Madam Speaker, my                                                                                 prohibit labor organizations from using
                                            amendment protects the ability of em-                                      b 1445                              union dues and fees collected from
                                            ployers to receive advice from an at-                     Mr. SCOTT of Virginia. Madam                         workers for non-collective bargaining
                                            torney or consultant regarding union-                   Speaker, I yield 1 minute to the gen-                  purposes without the written consent
                                            ization without the attorney or con-                    tleman from Michigan (Mr. LEVIN).                      of the employee. No employee should
                                            sultant having to disclose the relation-                  Mr. LEVIN of Michigan. Madam                         be forced to subsidize political posi-
                                            ship to the Federal Government when                     Speaker, this amendment would strike                   tions they disagree with at the cost of
                                            the attorney or consultant will have no                 the bill’s provision that allows unions                employment.
                                            contact with the employer’s employ-                     to collect a fair-share fee for services                  According to the Center for Union
                                            ees.                                                    they are legally required to provide,                  Facts, 43 percent of union households
                                              Congress has no business forcing at-                                                                         voted Republican, yet 86 percent of the
                                                                                                    and create, in its place, a national
                                            torneys to report on an attorney-client                                                                        union political support went to Demo-
                                                                                                    right-to-freeload scheme.
                                            relationship when the attorney will not                                                                        crat candidates in 2016. Clearly, there
                                                                                                      This is a blatant attempt to under-
                                            be speaking with employees. Even the                                                                           is a strong difference of opinion be-
                                                                                                    mine unions by making it harder to
                                            left-leaning American Bar Association                                                                          tween union bosses and union members
                                                                                                    collect reasonable fees for the services
                                            opposed the Obama persuader rule, and                                                                          on the best pathway forward, but union
                                                                                                    they are required by law to perform
                                            I urge my colleagues to do the same by                                                                         bosses continue to spend their mem-
                                                                                                    equally for union members and non-
                                            approving this amendment and pro-                                                                              bers’ money with little accountability.
                                                                                                    members alike.                                            Workers across Wisconsin and this
                                            tecting the First Amendment rights of                     Let us understand where so-called
                                            employers.                                                                                                     country pay annual union dues to labor
                                                                                                    right-to-work laws come from. They
                                              Mr. SCOTT of Virginia. Madam                                                                                 organizations in exchange for represen-
                                                                                                    have nothing to do with a right to a
                                            Speaker, I yield myself 1 minute.                                                                              tation, not to line the pockets of the
                                                                                                    job. Their history is rooted in Jim
                                              Madam Speaker, over 500 attorneys,                                                                           politicians. This amendment would
                                                                                                    Crow-era laws designed specifically to
                                            including 244 Members of the American                                                                          stop unions from sending workers’
                                            Bar Association, submitted a letter in                  prevent White and Black workers from
                                                                                                                                                           hard-earned money into a black hole
                                            support of the persuader rule. It does                  organizing together in the same union.
                                                                                                                                                           and ensure that the voices of workers
                                            not require the disclosure of legal rep-                  Last week, I was in Alabama, sup-
                                                                                                                                                           are being heard.
                                            resentation but only of persuader ac-                   porting an overwhelmingly Black                           I urge my colleagues to vote ‘‘yes’’
                                            tivities.                                               group of workers in their effort to form               on this amendment. Employees nation-
                                              Employers hire union avoidance per-                   a union. I saw how difficult this was in               wide deserve to have a say in how their
                                            suaders to consult with them, accord-                   a so-called right-to-work State. These                 money is spent.
                                            ing to the Department of Labor in 2016,                 laws are vestiges of a racist past, and it                Mr. SCOTT of Virginia. Madam
                                            and between 71 and 87 percent of union                  is time we reject them.                                Speaker, I reserve the balance of my
                                            elections persuaders produce antiunion                    Madam Speaker, I appreciate the                      time.
                                            literature and materials, write speech-                 chairman giving me some time.                             Ms. FOXX. Madam Speaker, I yield 1
                                            es and statements, and identify                           Ms. FOXX. Madam Speaker, I yield 1                   minute to the gentleman from Penn-
                                            prounion employees for discipline or                    minute to the gentleman from Michi-                    sylvania (Mr. KELLER).
                                            reward. The employees often do not                      gan (Mr. WALBERG).                                        Mr. KELLER. Madam Speaker, my
                                            know that their employer has retained                     Mr. WALBERG. Madam Speaker,                          amendment maintains longstanding
                                            such consultants in its campaign                        H.R. 842 codifies the one-sided Obama-                 current law, which protects the ability
                                            against the union. It is one of the                     era ambush election rule, which de-                    of employers to continue to do business
                                            things that they ought to have to dis-                  prives employees of the necessary time                 and provide for their customers during
                                            close.                                                  to learn about the potential implica-                  a labor relations dispute.
                                              So, Madam Speaker, I hope that we                     tions of refraining from or joining a                     One of the purposes of the National
                                            will defeat this amendment, and I re-                   union.                                                 Labor Relations Act is to eliminate
                                            serve the balance of my time.                             My amendment ensures workers have                    ‘‘substantial obstructions to the free
                                              Ms. FOXX. Madam Speaker, I yield 1                    appropriate time to learn the pros and                 flow of commerce.’’ During the eco-
                                            minute to the gentleman from South                      cons of an enormously important deci-                  nomic chaos of the 1930s, Congress
                                            Carolina (Mr. WILSON).                                  sion affecting their careers, their fami-              passed the NLRA, which struck a care-
                                              Mr. WILSON of South Carolina.                         lies, and their livelihoods.                           ful balance by protecting workers’ abil-
                                            Madam Speaker, amendment No. 19                           Unions often begin organizing cam-                   ity to strike while not protecting the
                                            amends section 111 and replaces the                     paigns weeks or even months before                     practice of intermittent strikes that
                                            text with the National Right to Work                    employers are made aware of this ac-                   create upheaval and uncertainty.
                                            Act. Section 111 takes away the free-                   tivity, creating a scenario in which                      The PRO Act aims to make it impos-




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                                            doms of hardworking Americans and                       workers are only hearing one side of                   sible for employers to continue to do
                                            overrules State right-to-work laws of                   the issue, like the other side of the                  business in the event of a labor dispute,
                                            27 States enthusiastically enacted by                   Chamber today is trying to get across.                 a death sentence for thousands of small
                                            voters.                                                   Additionally, H.R. 842 imposes a com-                businesses.    Allowing     intermittent
                                              American workers should not be                        plex scheme of new regulations and                     strikes and banning permanent re-
                                            forced to pay fees to a labor organiza-                 penalties on employers of all sizes.                   placements would be devastating to



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                                            March 9, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                               H1163
                                            our economy, our global competitive-                      Neutrality agreements are grounded                      Madam Speaker, I want to thank my
                                            ness, and the incentive to invest in                    in the same leftist view that companies                Republican colleagues for offering
                                            American workers.                                       are trying to take advantage of their                  these thoughtful amendments, which
                                              Madam Speaker, I urge my col-                         employees.     Neutrality    agreements                would protect the interests and rights
                                            leagues to adopt this amendment and                     should be prohibited. Employees should                 of workers and employers alike. They
                                            to prevent dangerous disruptions to                     be permitted to hear both sides, pro                   negate some of the worst aspects of the
                                            our economy.                                            and con, regarding organizing, and                     PRO Act.
                                              Mr. SCOTT of Virginia. Madam                          then permitted to make informed deci-                     My colleagues on the other side of
                                            Speaker, I yield 2 minutes to the gen-                  sions by secret ballot.                                the aisle said that the PRO Act gives
                                            tleman from Michigan (Mr. LEVIN).                         Madam Speaker, I urge my col-                        workers the right to form a union.
                                              Mr. LEVIN of Michigan. Madam                          leagues to support these amendments.                   That right has been around since the
                                            Speaker, this amendment seeks to                          Mr. SCOTT of Virginia. Madam                         1930s, Madam Speaker. Workers are al-
                                            hinder workers’ First Amendment                         Speaker, I yield 1 minute to the gen-                  ready free to form a union, and Repub-
                                            right to assemble peacefully to better                  tleman from Michigan (Mr. LEVIN).                      licans do nothing to try to stop that
                                            their workplace situation.                                Mr. LEVIN of Michigan. Madam                         freedom.
                                              No worker wants to go on strike. No                   Speaker, this amendment is truly                          What the underlying bill does, how-
                                            worker wants to forgo a paycheck so                     amazing to me as a longtime union or-                  ever, is take away the freedom not to
                                            they can walk a picket line, often in                   ganizer. It seeks to undermine the free-               belong to a union. That is a funda-
                                            the frigid cold of winter or in the burn-               dom of contract, the ability of employ-                mental freedom in this country, and we
                                            ing sun in the summer. Workers strike                   ers and unions to agree on how to han-                 ought not to be taking that away from
                                            because they are left with no other op-                 dle a situation freely together.
                                                                                                                                                           the American workers.
                                            tion.                                                     The shock of giving the employees’
                                              The right to withhold labor is a core                                                                           I urge a ‘‘yes’’ vote on the Repub-
                                                                                                    addresses and other contact informa-
                                            right, supposedly protected in our                                                                             lican en bloc amendments and a ‘‘no’’
                                                                                                    tion: That is required in every NLRB
                                            labor law, and the PRO Act would re-                                                                           vote on the underlying bill, and I yield
                                                                                                    election, and it has been since the Ex-
                                            store that fundamental right because,                                                                          back the balance of my time.
                                                                                                    celsior Underwear case many decades
                                            in practice, it has been gutted.                                                                                  Mr. SCOTT of Virginia. Madam
                                                                                                    ago.
                                              I actually agree with the gentleman                     The shock of letting the workers                     Speaker, I yield myself the balance of
                                            that what we need is to restore the bal-                have access to hearing from the union                  my time.
                                            ance that the National Labor Relations                  on company time: The current law is                       Madam Speaker, as a group, these
                                            Act sought to create when it was                        that employers can force employees, on                 amendments would erode workers’
                                            passed in 1935.                                         company time, to listen to antiunion                   rights, slow down elections, allow
                                              The things we are changing aren’t                     propaganda the entire time. If you                     workers to freeload, or even prohibit
                                            the National Labor Relations Act that                   refuse to go, you could be fired. But if               employers from agreeing not to inter-
                                            was passed. It is not that balance. It is               an organizer tries to step on the prem-                fere with the election. I would hope
                                            the ways that employees’ freedom to                     ises of the employer, they could be ar-                that we would defeat these amend-
                                            withhold their labor has been gutted in                 rested.                                                ments, and I yield back the balance of
                                            the interim by State and Federal                          I have been arrested for trying to                   my time.
                                            courts and by this body.                                talk to workers. It was on a public                       The SPEAKER pro tempore. Pursu-
                                              We need to restore workers’ freedom                   sidewalk, but the police said we were                  ant to House Resolution 188, the pre-
                                            to withhold their labor in order to im-                 too close. Anyway, that was thrown                     vious question is ordered on the
                                            prove their situation. That is all this                 out, as it should have been. We were                   amendments en bloc offered by the
                                            bill does. Let’s get back to that bal-                  exercising    our    First  Amendment                  gentleman from Virginia (Mr. SCOTT).
                                            ance.                                                   rights.                                                   The question is on the amendments
                                              Ms. FOXX. Madam Speaker, could I                        In any event, this amendment is                      en bloc.
                                            inquire as to how much time is remain-                  truly astounding in a capitalist soci-                    The question was taken; and the
                                            ing?                                                    ety. We need to let parties be free, and               Speaker pro tempore announced that
                                              The SPEAKER pro tempore. The gen-                     I urge rejection of the amendment.                     the noes appeared to have it.
                                            tlewoman from North Carolina has 21⁄2                     Ms. FOXX. Madam Speaker, I reserve                      Ms. FOXX. Madam Speaker, on that I
                                            minutes remaining. The gentleman                        the balance of my time.                                demand the yeas and nays.
                                            from Virginia has 41⁄2 minutes remain-                    Mr. SCOTT of Virginia. Madam                            The SPEAKER pro tempore. Pursu-
                                            ing.                                                    Speaker, I yield 1 minute to the gen-                  ant to section 3(s) of House Resolution
                                              Ms. FOXX. Madam Speaker, I yield 1                    tleman from Michigan (Mr. LEVIN).                      8, the yeas and nays are ordered.
                                            minute to the gentleman from Virginia                     Mr. LEVIN of Michigan. Madam                            Pursuant to clause 8 of rule XX, fur-
                                            (Mr. GOOD).                                             Speaker, I thank the chairman so                       ther proceedings on this question are
                                              Mr. GOOD of Virginia. Madam Speak-                    much for his leadership.                               postponed.
                                            er, the right to organize is appro-                       Madam Speaker, at base, what we are                     Pursuant to clause 1(c) of rule XIX,
                                            priately protected in America, the                      talking about here is whether workers                  further consideration of H.R. 842 is
                                            right to organize fairly, honestly, and                 in this country are free to come to-                   postponed.
                                            transparently.                                          gether and form a union. All of these
                                              My amendment would provide great-                     amendments are designed to under-                                        f
                                            er fairness and transparency by prohib-                 mine that right.
                                            iting so-called neutrality agreements.                    Let’s get back to the basic concept of                                 b 1500
                                            These prevent an employer from saying                   a free market for workers, where they,
                                            anything negative about the union and                                                                          REPORT ON RESOLUTION PRO-
                                                                                                    prounion or antiunion, can decide
                                            ensure that workers only hear one side,                                                                          VIDING FOR CONSIDERATION OF
                                                                                                    amongst themselves whether they
                                            the union boss’s side.                                                                                           SENATE AMENDMENT TO H.R.
                                                                                                    want to form a union or not, and not
                                              Neutrality agreements often include                                                                            1319, AMERICAN RESCUE PLAN
                                                                                                    have the person in the world who has
                                            card check in lieu of a secret ballot,                                                                           ACT OF 2021
                                                                                                    the most power over them, their boss,
                                            permit unions access to company prop-                   who decides their wages and their                        Mr. MCGOVERN, from the Com-
                                            erty for organizational efforts, and give               hours, to pressure them, to force them                 mittee on Rules, submitted a privi-
                                            private employee contact information                    to listen to things, to subject them to                leged report (Rept. No. 117–11) on the
                                            to the unions. The company, which was                   propaganda.                                            resolution (H. Res. 198) providing for




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                                            inevitably threatened with retaliatory                    The PRO Act simply creates freedom                   consideration of the Senate amend-
                                            consequences if they didn’t agree to                    for workers to form unions, at long                    ment to the bill (H.R. 1319) to provide
                                            the neutrality agreement, will often                    last, so that the workers who want to                  for reconciliation pursuant to title II
                                            provide the unions with a captive audi-                 form a union can do so freely.                         of S. Con. Res. 5, which was referred to
                                            ence on company time to present the                       Ms. FOXX. Madam Speaker, I yield                     the House Calendar and ordered to be
                                            prounion argument.                                      myself the balance of my time.                         printed.



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