[Congressional Record Volume 143, Number 53 (Tuesday, April 29, 1997)]
[Senate]
[Pages S3776-S3778]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SUPPORTING THE CONFIRMATION OF ALEXIS M. HERMAN FOR SECRETARY OF LABOR

  Mr. KENNEDY. Mr. President, I continue to be concerned about the 
failure of the Senate to act on the nomination of Alexis Herman to be 
the Secretary of Labor. President Clinton announced his intention to 
nominate Ms. Herman on December 20 last year, over 4 months ago. Her 
papers were officially received by the Senate Committee on Labor and 
Human Resources in early January.
  During the Labor Committee's review of the nomination, Ms. Herman 
answered over 150 written questions from committee members. She dealt 
thoroughly with all the questions put to her at a lengthy Labor 
Committee hearing on March 18. The committee voted unanimously to 
confirm Ms. Herman on April 10. Senate confirmation was expected soon 
after that.
  Instead, Ms. Herman's nomination has become a hostage in an exercise 
of political extortion that discredits the Senate. Those who are 
holding this nomination hostage admit that they are postponing a vote 
on Ms. Herman for reasons that have nothing to do with her 
qualifications for office. They object to President Clinton's intention 
to issue an Executive order on labor issues which they oppose. The 
proposed Executive order would direct Federal agencies to consider the 
use of so-called project labor agreements [PLA's] on Federal 
construction projects.
  Such agreements have been used on large-scale construction projects, 
in the public and private sectors, for decades. Examples of Federal 
projects carried out under PLA's include the Grand Coulee Dam in the 
1930's; atomic energy plants in the 1940's; Cape Kennedy in the 1960's; 
and today, the Boston Harbor cleanup project.
  In the private sector, too, PLA's have been used on many projects 
across the Nation, including the construction of Disney World in 
Florida, the Toyota plant in Georgetown, KY, the trans-Alaska pipeline 
in Alaska, and the Saturn auto plant in Tennessee.
  State governments use PLA's as well. Governor Pataki of New York 
issued an Executive order similar to President Clinton's proposal in 
January 1997. The Governors of Nevada and New Jersey recently issued 
similar orders.
  What PLA's do is require contractors to comply with the terms of 
labor agreements for the duration of the project. The advantages of 
PLA's are numerous. Projects are more likely to be completed on time, 
because a skilled labor supply is always available. There are fewer 
cost overruns, because workplace disputes can be quickly resolved 
through grievance and arbitration procedures, instead of by strikes or 
lockouts.
  Projects built under PLA's have lower accident rates, because 
contractors can hire highly skilled and well-trained employees. 
Productivity increases as well, because of the higher skills of 
workers.
  Opponents of PLA's claim that such agreements unfairly deny contracts 
and jobs to nonunion firms and individuals. That charge is false.
  Nonunion contractors can and do bid on jobs where PLA's are in 
effect. In the Boston Harbor project, 40 percent of the 
subcontractors--over 100 firms--are nonunion. Similarly, on the Idaho 
National Engineering Labs PLA, with the Department of Energy, 30 
percent of the subcontractors were nonunion.
  Nonunion workers can and do work on sites where PLA's are in place. 
Unions are required by law to refer nonmembers to jobs on the same 
basis as union members.
  The NLRB vigorously enforces this provision of the labor laws. Unions 
know how to comply, and do comply. In the 21 so-called right-to-work 
States, no worker can be required to give financial support to a union. 
In the other 29 States, if the particular contract provides it, workers 
can be required to pay a fee to the union while workers are employed at 
the job site. However, no employee can be forced to join the union, or 
to pay for union activities that are not related to collective 
bargaining.
  In all of these ways, PLA's are beneficial to project owners and 
workers alike.
  Further, it is clear that President Clinton has the authority to 
issue an Executive order dealing with Federal procurement practices. 
President Bush did just that in October 1992, when he issued an 
Executive order prohibiting Federal agencies from requiring PLA's on 
Federal construction projects. Republican attacks on President 
Clinton's power to issue an order directing the consideration of such 
agreements are hypocritical at best.
  President Clinton won the 1996 election. He is entitled to use his 
Presidential powers as he sees fit. It is unconscionable that 
Republican leaders in the Senate are holding Alexis Herman hostage to 
their antiworker bias. President Clinton has every right to issue his 
Executive order on Federal construction projects. The Herman nomination 
has nothing to do with that issue. Republicans should end this shameful 
tactic and let the Senate vote.
  The Senate cannot faithfully discharge its constitutional 
responsibility to conform nominees if the process grinds to a halt for 
reasons that are obviously extraneous. The time has come to end this 
unjustified delay. It is long past time for the Senate to vote on 
Alexis Herman's nomination.
  When a vote is taken, I am confident that Alexis Herman will be 
confirmed by the Senate and she will serve with distinction as our 
Labor Secretary. Ms. Herman's entire life has been dedicated to 
building coalitions and bringing people together, regardless of 
differences in race, class, or gender. She comes from a family of 
trail-blazers, and her own life, too, has been an extraordinary and 
inspirational story of commitment and achievement.
  From childhood, her parents taught her the importance of helping 
others. Her mother, who once was Alabama's Teacher of the Year, brought 
Alexis with her as she taught reading to children and adults. Alexis' 
first summer job was teaching reading at an inner-city housing project.
  Alexis also learned at home about the importance of standing up for 
your rights and participating in the political process. When she was 
only 5, her father faced down some members of the Ku Klux Klan who 
stopped the family car on Christmas Eve. In the 1940's, her father sued 
for the right to obtain an absentee ballot to vote in Mobile. Later, he 
was elected a Wardman of Mobile's 10th Ward, one of the first African-
Americans elected in Alabama since Reconstruction.
  In the early 1960's, her hometown of Mobile was still segregated. As 
a high school sophomore, unable to reconcile her Catholic faith with 
the segregation in the parochial schools, she confronted the Bishop of 
Mobile. His response was to suspend her from school. Undaunted, she 
continued to press for change. The following year, the first African-
Americans were admitted to the white Catholic schools in Mobile.
  After graduating from Xavier University, in New Orleans, she returned 
to Mobile as a social worker. She counseled delinquent youths, helped 
place children in foster homes, and worked to assist families in 
dealing with issues such as teenage pregnancy.
  She saw that lack of skills and opportunities were keeping many of 
Mobile's

[[Page S3777]]

black citizens from achieving their full potential. Working with the 
AFL-CIO and Catholic Social Services, she undertook a project to find 
work for unemployed, unskilled young men in Mobile's housing projects.
  In the 1970's, with Professor Ray Marshall of the University of 
Texas, she began a pilot project in Atlanta to place African-American 
women in white collar positions. With grants from the Ford Foundation 
and the Department of Labor, she established and managed this highly 
successful program. As a result of her leadership, the first African-
American women were hired in white collar jobs at Coca Cola and Delta 
Airlines. The pilot project was so successful that it was extended to 
10 cities.
  Alexis Herman then added public service to her many achievements in 
the community and private enterprise. In 1977, when Ray Marshall became 
Secretary of Labor under President Carter, he asked her to become head 
of the Department's Women's Bureau--the youngest Director ever. She 
worked hard and well on expanding employment and training opportunities 
for women, and co-chaired a Presidential task force to promote business 
ownership by women.
  After returning to the private sector, she worked as a consultant for 
businesses seeking to hire, train, and keep minority employees. Once 
again, she demonstrated her life-long determination to extend 
opportunities to those who had long been denied jobs, careers, and, 
most important, hope.
  When President Clinton took office in 1993, he named Alexis Herman to 
a senior White House position as Assistant to the President and 
Director of the Office of Public Liaison. In this capacity, she 
identified the concerns of individuals and families across the country 
on the issues, and communicated the President's priorities to them. Few 
would deny that over the past 4 years, she fulfilled these difficult 
and important responsibilities with remarkable skill and success.
  All her life, as a young student, as a career woman, as a community 
leader and in public service, Alexis Herman has shown an extraordinary 
gift for bringing people together in a cooperative spirit. That skill 
will serve her well as Secretary of Labor.
  Alexis knows from her own life and first-hand experience the very 
real obstacles that too many Americans still face in trying to achieve 
the American dream. Most important, she is dedicated to the cause of 
improving the lives of all working families. I'm confident she'll do an 
outstanding job as Secretary of Labor. I urge the Senate to act quickly 
to approve her nomination, and I look forward to working closely with 
her in the years ahead.
  Ms. MOSELEY-BRAUN addressed the Chair.
  Mr. COVERDELL. Mr. President, may I ask the Senator from Illinois how 
much time will she be using?
  Ms. MOSELEY-BRAUN. No more than 3 minutes. It is very brief.
  The PRESIDING OFFICER. All of the time of the Democratic side has 
been allocated.
  Mr. KENNEDY. Mr. President, I believe we had 6 minutes that had been 
assigned to Senator Wellstone and Senator Harkin.
  The PRESIDING OFFICER. That is correct.
  Mr. KENNEDY. I ask unanimous consent to have that 6-minute allocation 
changed and that the 6 minutes be evenly divided between all three 
speakers, and I will yield 2 minutes to the Senator from Illinois.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Illinois is recognized.
  Ms. MOSELEY-BRAUN. Mr. President, my message is very simple, 
following on the statement of the Senator from Massachusetts. That is, 
I call on the Senate to free Alexis Herman and liberate the Department 
of Labor. The fact is that her nomination is being held up for reasons 
that have nothing to do with her qualifications for office, or, more to 
the point, the need of the American people to have a captain of a ship, 
if you will, at the Department of Labor.
  It is being held up because of some unrelated political issues and, 
quite frankly, it demeans and, I think, embarrasses some in the U.S. 
Senate to have this high-profile and important nominee held hostage for 
no reason.
  So my message, in keeping with the message of the Senator from 
Massachusetts--and I associate myself with his remarks--is that I call 
upon the Members of the Senate to consider that Mrs. Herman's 
qualifications are exemplary. She has the leadership skills to lead 
this Department of Labor in the 21st century, to lead our country in 
addressing the needs of working men and women, as well as the 
transition that our business community is currently undergoing. I very 
much hope that our Members will come together to let this nomination 
go--free Alexis Herman and liberate the Department of Labor.
  I yield the floor.
  Mr. DODD addressed the Chair.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. DODD. Mr. President, I am going to consume about 1 minute, so I 
would ask the Chair to keep an eye on the clock for me so that I leave 
time for my colleague from Minnesota.
  The PRESIDING OFFICER. At the current time, all the Democratic time 
has been divided between Senator Harkin and Senator Wellstone.
  Mr. WELLSTONE. How much time do I have?
  The PRESIDING OFFICER. Each Senator has 2 minutes.
  Mr. WELLSTONE. I will yield one of my minutes to the Senator from 
Connecticut and tell him that he owes me a big time forever.
  Mr. DODD. I owe him 1\1/2\ minutes, a minute with interest.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. DODD. As a former Peace Corps volunteer and someone who was a Big 
Brother and served on the national board of Big Brothers, I commend the 
effort to focus attention on this. I would like to make note of the 
fact, with the Philadelphia Conference going on, we are 6 months almost 
to the day since election day and still there is a chair vacant around 
the Cabinet table, that of the Secretary of Labor. This is a critically 
important issue to millions of people, a substantive issue that must be 
addressed immediately. My hope is that the leadership would see to it 
this week that we would vote. Vote against Alexis Herman if people wish 
but give her the opportunity to be confirmed or not confirmed and give 
us a chair at that Cabinet table for the millions of people who do not 
have a voice at the table representing management and labor. So I urge 
that the leadership move on this issue. We brought up this issue. I 
understand that. But the issue of the nomination of the Secretary of 
Labor 6 months after the election is long overdue.
  I thank my colleague for yielding.
  Mr. WELLSTONE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. WELLSTONE. I thank the Chair.
  Mr. President, this is blatant politics at its worst. Alexis Herman 
was voted unanimously out of the Labor and Human Resources Committee. 
She is eminently well qualified. This is an extremely important 
position to working people, to working families. We have a lot of 
important legislation before us--the TEAM Act, comptime, flextime. We 
are supposed to be focusing on living wage jobs and educational 
opportunities for our citizens. The Secretary of Labor is a critical 
position. She should not be held hostage. If the majority party does 
not like an action taken by the administration, then oppose that 
action. Do not hold Alexis Herman hostage. Free her. Let her become 
Secretary of Labor and let her serve working families all across this 
country.
  Mr. President, I am pleased to go on but I think I used up my minute.
  The PRESIDING OFFICER. The Senator from Georgia.
  Mr. COVERDELL. Mr. President, I yield 1 minute of our time to the 
distinguished Senator from Minnesota.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. WELLSTONE. I thank the Senator from Georgia.
  I actually think that I was able to do this in a minute. Again, I 
think that it really behooves the Senate to move forward on this 
nomination. I do not think the Senate looks good as an institution. I 
think people really do not like this kind of inside politics where a 
particular party--in this case it is the majority party--does not agree 
with a particular policy or particular action taken by the President or 
the executive branch and then chooses to hold

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someone else, in this particular case Alexis Herman, hostage. It is not 
the way we should be conducting our business. It is not fair to her, an 
eminently well qualified candidate to serve our country and, quite 
frankly, it is not fair to families all across Minnesota and all across 
the Nation that are focused on good jobs, education, and safe 
workplaces. These are workaday majority issues. This is the Secretary 
of Labor--6 months without a Secretary of Labor. Again, do not hold her 
hostage. Free her and let us move forward. If my colleagues want to 
vote against her, vote against her, but she deserves a vote in this 
Chamber.
  I thank my colleague from Georgia for his graciousness.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Iowa for 
2 minutes.
  Mr. HARKIN. I thank the President.
  Mr. HARKIN. Mr. President, I would like to make a brief comment about 
Alexis Herman. Recall that Ms. Herman was unanimously reported out of 
this committee. We should not be holding her hostage over an unrelated 
policy dispute--a disagreement with the President over project labor 
agreements. I hope that whatever one's views are on project labor 
agreements that her nomination can move forward.
  The Secretary of Labor serves as the spokesperson for working 
families in this country. We are considering several pieces of 
legislation that will affect working families and it is important that 
the Secretary of Labor be at the table as these changes in our work 
places are being considered. Ms. Herman must be allowed to assume her 
responsibilities as Secretary of Labor without further delay. I think 
it is unfortunate that our colleagues continue to deny the Senate even 
a vote on this important member of the President's Cabinet.
  Now, let us be clear on the proposed Executive order regarding 
project labor agreements [PLA's]. The Executive order only directs 
Federal agencies to consider using PLA's, it does not require them to 
do so. The Federal Government's interest in PLA's is to help ensure 
that public sector projects are completed efficiently, economically, 
and safely.
  PLA's set wages, working conditions, and dispute-resolution 
procedures for the duration of the project. This makes it easier for 
agencies to avoid cost-overruns and delays, while ensuring high quality 
work and safety at the worksite. They guarantee that the project will 
be completed on time, without strikes or lockouts. I find it incredible 
that the majority is so offended by this commonsense initiative.
  There is nothing new about project labor agreements--the Federal 
Government has used them on Federal projects since the 1930's. Examples 
include the Grand Coulee Dam, the Cape Canaveral Space Center, and the 
Nevada test site. Project labor agreements have been a very effective 
tool for Federal, State and local governments when faced with a major 
public works projects. PLA's have helped bring management and labor 
together to work out arrangements in terms of things like wages, 
benefits, and working conditions in return for a promise of no work 
stoppages or strikes.
  Contrary to what has been said about project labor agreements, non-
union contractors and nonunion workers would not be prohibited from 
working on Federal projects--they simply would have to abide by the 
terms of the project labor agreement for that particular project.
  Republican Governors Christine Todd Whitman of New Jersey and George 
Pataki of New York issued similar executive orders authorizing state 
agencies to use project labor agreements. Also, State and local 
governments regularly use PLA's.
  One notable example is the giant sewage treatment system now being 
built for metropolitan Boston as part of a court ordered clean up of 
Boston Harbor. Forty percent of the contractors on the Boston Harbor 
project are non-union. Furthermore, the projected cost of the project 
was $6.1 billion, the present estimate for completion is $3.4 billion. 
The Boston Harbor project is on schedule for completion by the year 
2000 and safety, measured in lost time due to workplace injuries is 
below the industry average. During the 7 years of work on this project, 
there have been approximately 20 million hours worked without lost time 
due to strike or lock-out. This is quite a record of success.
  Lastly, contrary to the claim that President Clinton's proposed 
Executive order (EO) exceeds his constitutional authority, this action 
is legitimate and typical of actions taken by other Presidents with 
clear constitutional and statutory authority. For decades, presidents 
of both political parties have exercised their authority to issue 
executive orders to implement changes in Government contracting 
policies. Furthermore, when President Bush issued an Executive order in 
1992 to prohibit Federal agencies and Federal contractors from entering 
into project labor agreements, there was no similar outcry.
  The Executive order on PLA's and the upcoming regulations on 
procurement reform are not a pay off to labor. They are sound policies 
that will make government operate more efficiently. The Federal 
Government should consider using project labor agreements when they 
increase efficiency, stability, and save taxpayer money.

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