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/
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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;
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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
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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-
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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
dlhill on DSK120RN23PROD with HOUSE
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.
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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).
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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
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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
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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
dlhill on DSK120RN23PROD with HOUSE
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-
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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-
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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:
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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-
dlhill on DSK120RN23PROD with HOUSE
‘‘(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
dlhill on DSK120RN23PROD with HOUSE
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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