[Congressional Record Volume 159, Number 49 (Friday, April 12, 2013)]
[House]
[Pages H1963-H1975]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PREVENTING GREATER UNCERTAINTY IN LABOR-MANAGEMENT RELATIONS ACT
Mr. KLINE. Mr. Speaker, pursuant to House Resolution 146, I call up
the bill (H.R. 1120) to prohibit the National Labor Relations Board
from taking any action that requires a quorum of the members of the
Board until such time as Board constituting a quorum shall have been
confirmed by the Senate, the Supreme Court issues a decision on the
constitutionality of the appointments to the Board made in January
2012, or the adjournment sine die of the first session of the 113th
Congress, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 146, in lieu of
the amendment in the nature of a substitute recommended by the
Committee on Education and the Workforce printed in the bill, an
amendment in the nature of a substitute consisting of the text of Rules
Committee Print 113-6 is adopted and the bill, as amended, is
considered read.
The text of the bill, as amended, is as follows:
H.R. 1120
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Greater
Uncertainty in Labor-Management Relations Act''.
SEC. 2. ACTIVITIES BY THE NATIONAL LABOR RELATIONS BOARD
PROHIBITED.
Effective on the date of enactment of this Act, the
National Labor Relations Board shall cease all activity that
requires a quorum of the members of the Board, as set forth
in the National Labor Relations Act (29 U.S.C. 151 et seq.).
The Board shall not appoint any personnel nor implement,
administer, or enforce any decision, rule, vote, or other
action decided, undertaken, adopted, issued, or finalized on
or after January 4, 2012, that requires a quorum of the
members of the Board, as set forth in such Act.
SEC. 3. TERMINATION.
The provisions of this Act shall terminate on the date on
which--
(1) all members of the National Labor Relations Board are
confirmed with the advice and consent of the Senate, in
accordance with clause 2 of section 2 of article II of the
Constitution, in a number sufficient to constitute a quorum,
as set forth in the National Labor Relations Act (29 U.S.C.
151 et seq.);
(2) the Supreme Court issues a decision on the
constitutionality of the appointments to the Board made in
January 2012; or
(3) the adjournment sine die of the first session of the
113th Congress.
SEC. 4. EFFECT OF CERTAIN BOARD ACTIONS.
In the event that this Act terminates pursuant to
paragraphs (1) or (3) of section 3, no appointment, decision,
rule, vote, or other action decided, undertaken, adopted,
issued, or finalized by the Board on or after January 4,
2012, that requires authorization by not less than a quorum
of the members of the Board, as set forth in the National
Labor Relations Act, may be implemented, administered, or
enforced unless and until it is considered and acted upon by
a Board constituting a quorum, as set forth in the National
Labor Relations Act, or the Supreme Court issues a decision
on the constitutionality of the appointments to the Board
made in January 2012.
The SPEAKER pro tempore. The gentleman from Minnesota (Mr. Kline) and
the gentleman from New Jersey (Mr. Andrews) each will control 30
minutes.
The Chair recognizes the gentleman from Minnesota.
General Leave
Mr. KLINE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 1120.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. KLINE. Mr. Speaker, I rise today in strong support of the
Preventing Greater Uncertainty in Labor-Management Relations Act, and
yield myself such time as I may consume.
America's workplaces are facing significant challenges. Consumer
demand remains weak. Threats of new regulations and higher taxes
continue. And a looming debt crisis threatens the growth and prosperity
our Nation is working so hard to attain. Washington should not be in
the business of making these challenges worse. That is why we are here
today.
Many Americans may not even know a Federal labor board exists, let
alone the role it plays in their everyday lives. Despite its obscurity,
the authority of the National Labor Relations Board governs virtually
every private business across the country. Our Nation needs a labor
board that will appropriately and responsibly administer the law, or
else the rights of both workers and employers are diminished.
Unfortunately, partisan politics have left the board in a state of
dysfunction. A year ago, President Obama made three recess appointments
to the board while Congress was not in recess.
{time} 1020
The President's action was unprecedented, and a Federal appeals court
has ruled it was also unconstitutional.
[[Page H1964]]
As a result, the work of the Board is tainted. Every decision it
issues is ripe for appeal on the basis that the Board itself is not
legitimate. In fact, employers and unions are now citing the recent
court ruling as a reason why Board decisions should be overturned.
A story in The Wall Street Journal helps illustrate the real-life
consequence of the President's recess appointment scheme. Five years
ago, a truck driver alleged that her union failed to follow the rules
and assign her work. The NLRB agreed and ordered the union to pay the
driver back wages and benefits. So far, the union has refused, and the
current chaos offers a new opportunity to toss out the Board's
decision. According to the union's attorney:
I'll explore every opportunity to make sure my client
doesn't have to pay anything.
This is the reality we now face. Unions, employers, and workers are
forced to spend more time and money defending themselves before the
Board and in Federal court. Our Nation has relied upon the Board for
more than 75 years. Never has it faced this level of confusion and
uncertainty.
The current crisis began with the President's power grab, and it is
up to him to fix it. Just this week, the President announced he was
submitting three Board nominees to the Senate for its approval. This is
certainly welcome news and long overdue. However, it does nothing to
mitigate the chaos surrounding the NLRB. Roughly 600 Board decisions
are constitutionally suspect, and that number continues to grow.
The legislation before us today simply tells the Board to stop
exacerbating the problem that is already wreaking havoc across the
country. H.R. 1120 prevents the Board from taking action that requires
a quorum until one of three events occurs: the Supreme Court rules on
the constitutionality of the appointments; a Board quorum is
constitutionally confirmed; or the terms of the so-called
``appointees'' expire.
The bill does not--I repeat--does not stop the NLRB from overseeing
union elections or processing claims of wrongdoing. The narrow scope of
the bill is directed at the Board and only the Board.
The Preventing Greater Uncertainty in Labor-Management Relations Act
is an appropriate congressional response to an unprecedented situation.
I expect we will hear a lot of false accusations today from our friends
on the other side of the aisle, but I doubt we'll hear any denial of
the serious challenges facing the Board.
The question then is this: Should we do nothing, or should we advance
responsible legislation to help prevent further harm?
I urge my colleagues to support the bill, and I reserve the balance
of my time.
Mr. ANDREWS. Mr. Speaker, I yield 5 minutes to myself.
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Speaker, this is a Friday across our country, and
there are millions of Americans who are going to work under
circumstances that exist because of the union movement and collective
bargaining in the history of this country.
If they work the 41st hour, they'll get time-and-a-half for working
overtime. Many find themselves protected by good health benefits and
good pension benefits that will guarantee their family a good situation
while they're working and a safe and secure retirement. The whole
concept of the weekend--that for many American workers will begin this
afternoon--exists because of the hard-fought gains of collective
bargaining.
We wouldn't have a strong America without a strong middle class, and
we would not have a strong middle class without collective bargaining.
This bill strikes at the heart of collective bargaining by paralyzing
the agency that enforces the ground rules of collective bargaining, the
National Labor Relations Board.
This is really part 2 of a strategy by the Republican majority in the
House and the Republican minority in the other body to paralyze the
rights of Americans to organize and bargain collectively.
Act 1 has occurred since President Obama took office. He has made
nominations to the National Labor Relations Board, and not one of those
nominees has ever received a vote on the floor of the other body.
Understand this: the minority in the other body has not voted against
these nominees; they just refuse to put the nominees up for a vote.
Today, there are five nominations pending before the other body. If
the Senate were to act on those nominations and reject them, the
President would presumably make other nominees until he could find
people who could clear the process. If the other body were to confirm
those nominees, we would not be here having this discussion today
because the Board would be functioning.
But a functioning Board is clearly not the objective of the other
side here. So then act 2 comes along, and this is act 2. This bill says
that the National Labor Relations Board can do effectively nothing. My
friend, the chairman, referenced the story of a woman who is seeking
back pay because of alleged violations of her rights by her union, and
she's unable to proceed with the collection of that remedy because the
minority in the other body has refused to confirm or refused to even
consider any nominees of the National Labor Relations Board; and should
this legislation go through here today, we are guaranteeing that
nothing will happen because the Board cannot go to court to enforce one
of its orders if the Board cannot act. Under this proposed statute, the
Board could not act.
We are here today because a recalcitrant minority in the other body
has steadfastly refused to even take a vote on the President's nominees
to the National Labor Relations Board. This bill compounds that
travesty. This bill creates chaos. It says that decisions of the Board
cannot be taken to court to be enforced, which means as a practical
matter those decisions will never be enforced. It says that 11 regional
directors of the National Labor Relations Board now have their
appointments in jeopardy since their appointments were made since
January of 2012 when this bill--it says anything following that is
invalid.
Employers and employees and unions go to the regional offices of the
NLRB to resolve disputes, to prevent strikes, to achieve justice; but
this bill paralyzes that effort.
There are some who believe that an America in which the bosses make
all the decisions and the rest of us stand up, salute and say, yes,
sir, is how the country should function. We do not believe that. We
believe in a country where workers can freely organize, speak for
themselves, sit at the bargaining table, and stand up for their rights.
The agency entrusted by law to enforce those rights is being
paralyzed by this bill, collective bargaining is being paralyzed by
this bill, and we should oppose it.
I reserve the balance of my time.
Mr. KLINE. Mr. Speaker, before I yield to our next speaker, I would
just note that the remarks made by my good friend and colleague,
frankly, I believe, ignore the reality of the crisis that currently
exists. No one, employer, worker, or union, can rely upon a Board
decision today. A court of appeals has ruled that it's not
constitutional, and it is that same court to which every appeal is
made.
Now I'm very pleased to yield 3 minutes to the chairman of the Health
Subcommittee, the gentleman from Tennessee (Mr. Roe).
Mr. ROE of Tennessee. Mr. Speaker, I rise today in strong support of
H.R. 1120, the Preventing Greater Uncertainty in Labor-Management
Relations Act.
First, some history. The National Labor Relations Act was passed in
the mid-thirties, and the National Labor Relations Board of five
members--three from the majority party and two of the minority party--
are to act as a fair arbiter. Basically, the referee for disputes.
And there was a ruling of the Supreme Court not long ago with regard
to New Process Steel that said that two members--one Democrat and one
Republican--both who agreed on over 600 decisions, that a quorum was
not present and all of those decisions had to be thrown out. Therein
calls the question.
The President made a pro forma recess appointment. Presidents, as has
been stated here many times, have
[[Page H1965]]
made recess appointments to various boards and they had the
constitutional right to do that; but no President has ever made a
recess appointment during a pro forma session. Let me read here from
the Senate Congressional Record of November 16, 2007. This is Leader
Reid:
{time} 1030
Mr. President, the Senate will be coming in for pro forma
sessions during the Thanksgiving holiday to prevent recess
appointments.
The recent ruling of Noel Canning stated that the appointments were
unconstitutional. The unique part of the National Labor Relations Board
is that any other court circuit ruling in the country can be appealed
to the D.C. circuit. So they have standing, and the standing says that
the aggrieved party can do one of two things: they can ask for a vote
of the entire court or they can appeal it to the Supreme Court.
This is a very simple bill. It does several things, and it asks the
following:
One, that the Supreme Court rule;
Two, that the President go ahead and make the appointments;
Three, that the Board not issue any further rulings that may be
overturned and create this uncertainty; and that once a board is
approved, that it goes back and reviews all of the various rulings that
have been made in order to get rid of this uncertainty.
We need the certainty for both labor and management to move forward.
It's a very confusing time, and I would ask for the support of this
bill.
Mr. ANDREWS. I yield myself 15 seconds.
Mr. Speaker, President George W. Bush used the same legal authority
to make appointments to the National Labor Relations Board that
President Obama used here. There was not a word of challenge from the
other side ever in that process.
At this time, I am pleased to yield 5 minutes to the leading champion
of workers' rights in the House of Representatives, the senior Democrat
on the House Education and the Workforce Committee, the gentleman from
California (Mr. Miller).
Mr. GEORGE MILLER of California. I thank the gentleman for yielding.
Mr. Speaker, more than 75 years ago, Congress empowered the American
worker through the National Labor Relations Act to form or join a union
and bargain for a better life. That law and the rights it guarantees
have served this country well--it has built the middle class; it has
brought us the 40-hour workweek; it has brought us safe workplaces.
These rights have given to millions of families economic security and
the prospect that their children could build even better lives, but for
the last 2 years, these rights have been under persistent and
unrelenting attack by this House and this Republican leadership.
There are more unemployed workers in this country today than private
sector union members. Instead of working to create decent jobs for the
unemployed, the majority insists on attacking the rights of the
employed. At a time of stagnant wages and when businesses across the
country are explaining that their number one problem is a lack of
customer demand, we could be doing something useful today, like raising
the minimum wage. Instead, we are debating a bill that undermines the
ability of workers to bargain for better wages or for decent pensions
or for safe workplaces.
H.R. 1120 would stop the National Labor Relations Board from
enforcing labor law. While the bill is in effect, the agency would not
be permitted to issue any new decisions, enforce existing decisions, or
advance any rulemaking. That means it's open season on working people.
The bill tells employers: if you want to retaliate against a worker for
trying to speak out or to organize, if you want to fire her, go ahead,
because there won't be any effective government response. By
eliminating the authority of the government to enforce the law, this
bill effectively takes away every labor right that Congress gave
workers to help them better their own lives.
It's that simple.
Take, for instance, a single mother who works at a hospital, changing
bedpans, lifting patients day in and day out. She works hard. She likes
her job, but she thinks that she and her fellow employees deserve a
raise. After her shift, a supervisor overhears her chatting with a
coworker about organizing a union. The next day, she is called into the
manager's office, and she is fired for talking union--something that is
a protected right under the law.
This firing is illegal, and she is entitled to her job back, but
under H.R. 1120, she would be out of luck. Not only would she be out of
luck, but over 23,000 workers a year would be out of luck because they
simply exercised the rights that are legal under the law. The law says
that employers don't get to retaliate, but for those thousands of
workers now, they will have lost their jobs, lost their livelihoods,
lost the ability to support their families. They will have no recourse
because of this legislation if it becomes law.
How fair can that possibly be?
I would also add that, in 2010, about 17,000 unfair labor practices
were filed against employers by employees, but over 6,000 were filed
against the unions for unfair labor practices.
The fact of the matter is, for this legislation, it works against
both employers and employees, and it brings chaos to the workplace. It
gives the right to illegal strikes. It gives the right to illegal
firings. It gives the right to illegally take away the wages of a
worker. That simply cannot be tolerated in this country, but that's
what this legislation does. It's an effort that started out a number of
years ago on this committee with the Republicans attacking the National
Labor Relations Act and the National Labor Relations Board, and we
should not allow this to stand.
We understand that they're upset with the recess appointments, but
they weren't upset with some 300 other recess appointments. In fact,
Mr. Roe just said that those were constitutional, but that's not what
the court said. The court said that all of these recess appointments
were unconstitutional.
So where are we today?
We have sitting before the Senate, offered by the President, a panel
of appointments that they can approve, and they can cure this problem
if this problem, in fact, really exists. We don't know that yet because
the Supreme Court hasn't ruled on it.
While we are waiting for the Supreme Court to rule, they want to pass
this legislation; and if they pass this legislation, the fact of the
matter is both employers and employees are going to be hurt. It's going
to cost them a great deal of money, and it's going to cause a great
deal of chaos in the workplace because of what the circuit court said.
I worry, while they complain about the recess appointments, that it's
the very filibusters by the Republicans that demanded that the recess
appointments take place.
Mr. KLINE. Mr. Speaker, I am now pleased to yield 2 minutes to a
member of the committee, the gentleman from Kentucky (Mr. Guthrie).
Mr. GUTHRIE. I thank the chairman for yielding.
Mr. Speaker, I rise in support of H.R. 1120.
This bill is important for our employers, employees, and our
Constitution. It has already been said, but I'd like to make that point
again: the President does not have the authority to decide when the
Senate is in session. His recess appointment of three members to the
National Labor Relations Board was against the law and the tradition of
separated powers inherent in the Constitution.
Some on the other side will say that the impasse at the NLRB is the
fault of Republicans, that our colleagues in the Senate are acting as
obstructionists; but I will remind my colleagues that, during the Bush
administration, Senator Reid used pro forma sessions to block recess
appointments just the same, and he did not make recess appointments
when the Senate was in pro forma session, which is different than the
situation here.
The real solution isn't to appoint board members that a
Democratically-controlled Senate can't approve; it is to nominate
reasonable individuals who will adjudicate our Nation's labor laws
without bias and with an eye towards the goal we all share--a healthy
economy with adequate worker protection. That's what this bill before
us does.
This bill would prohibit the NLRB from enforcing any actions that
required a quorum, or from issuing new decisions requiring a quorum,
until a
[[Page H1966]]
Board quorum is confirmed with the advice and consent of the Senate,
the Supreme Court rules on the constitutionality of the January 2012
recess appointments, or the term of the 2012 recess appointments
expires.
Unless Congress provides relief, employers and unions will be forced
to either comply with costly orders that may be overturned or to
litigate them on a case-by-case basis. Both of these paths are cost
prohibitive. I urge the passage of this important bill.
Mr. ANDREWS. I yield myself 15 seconds.
Mr. Speaker, what President George W. Bush did 171 times--the legal
authority he relied on 171 times--is the legal authority relied on by
President Obama, which is the subject of this discussion this morning.
I am now pleased to yield 2 minutes to someone who understands the
value of collective bargaining to America's middle class, the gentleman
from Connecticut (Mr. Courtney).
{time} 1040
Mr. COURTNEY. Mr. Speaker, there is a basic principle of Anglo-
American common law that reaches back to antiquity that goes as
follows:
Without a remedy, there is no right. Ubi jus, ibi remedium.
That is the common-law doctrine which was the cornerstone of the
National Labor Relations Act, which recognized that workers' rights
only exist when there is a place to go to enforce fair elections,
unlawful terminations, and retaliation cases. In fact, it is that legal
doctrine which formed the basis of the Supreme Court's decision of
Marbury v. Madison, which basically established the legal authority of
the U.S. Supreme Court.
This law shamefully tramples on that decision and strips the National
Labor Relations Act of its power, and you have to only look at line 10
of the bill which states very clearly:
The Board shall not implement, administer, or enforce any
decision, rule, or vote on or after January 4, 2012.
This is a shameful day for this House. The rights of workers to
collectively bargain were not only recognized by the National Labor
Relations Act; they were recognized by the Vatican in the 1890s by Pope
Leo XIII. They were recognized by the United Nations Human Rights
Charter after World War II as a basic criterion of civilized society.
Today, when this law passes, America will go on record basically
saying that workers who are seeking to have elections to form unions,
to have workers who try to protest unlawful terminations, to workers
who are trying to protest unlawful retaliation, you have no place to
go. You are living in an undeveloped country right now in terms of your
legal rights.
Shame on this House for bringing up a measure like this which strips
the rights of people which common-law doctrine, reaching back beyond
the birth of this Nation, has recognized for centuries.
Mr. KLINE. Mr. Speaker, I am pleased now to yield 2 minutes to the
gentleman from Indiana (Mr. Messer), another member of the committee.
Mr. MESSER. Mr. Speaker, I rise today in support of the Preventing
Greater Uncertainty in Labor-Management Relations Act. Despite the
rhetoric on the other side of the aisle, this important legislation
will ensure the integrity of the National Labor Relations Board. The
other side has talked about how this legislation would somehow throw
this process into chaos. The truth is that it's the President's
unconstitutional actions that have thrown this process into chaos.
The U.S. Court of Appeals for the District of Columbia unanimously
ruled that the President's so-called recess appointments were
unconstitutional, calling into question approximately 600 decisions by
the Board. All 600 of these actions are now ripe for legal challenge.
By operating without legal authority, the Board has created more
uncertainty for employers, unions, and workers in an already fragile
economic climate. The President's actions are an indefensible overreach
of power; and, unfortunately, they are part of a broader trend.
Time and again, this President has demonstrated a with-or-without
Congress mentality in pursuit of his political agenda. This mentality
shakes the foundational principles of checks and balances our Founding
Fathers put forward in the Constitution. The Constitution is our
ultimate law. No one is above it, not even the President.
Mr. Speaker, this legislation will ensure the integrity of the
National Labor Relations Board and will help eliminate uncertainty in
the workforce. When the President begins to operate within the law, the
NLRB's work will begin again. I strongly urge my colleagues to support
this bill.
Mr. ANDREWS. Mr. Speaker, I yield myself 15 seconds.
President Obama is relying on the same constitutional provision that
President Reagan relied on when he appointed Alan Greenspan as head of
the Federal Reserve, the same constitutional provision he relied upon
when he appointed Ambassador Jeane Kirkpatrick.
At this time, Mr. Speaker, I'm pleased to yield 2 minutes to the
gentlewoman from Oregon (Ms. Bonamici), someone who stood up against
the assault on collective bargaining and the middle class.
Ms. BONAMICI. Mr. Speaker, being a middle class American today often
means being caught in the middle, caught in the middle of the partisan
posturing in Washington. And the situation we are in here today is yet
another example.
The Senate's filibuster of appointees to the National Labor Relations
Board left the President with two options: make recess appointments or
stop enforcement of the laws. Because the latter was not acceptable,
the President appointed NLRB members in a recess appointment, a process
used by several Presidents before him. Unfortunately, the D.C. Circuit
Court invalidated those appointments, and the question is presently
pending before the Supreme Court. Now, it's too bad we're not here
working together to request expedited consideration by the Supreme
Court, but instead we're considering a bill that essentially seeks to
shut down the NLRB.
Freight workers in my home State of Oregon will feel the
consequences. In September of 2008, Oak Harbor Freight Lines, in
violation of the law, announced that they would stop making payments to
employee pension funds following a work stoppage during contract
negotiations. In May 2012, a unanimous panel at the NLRB, a panel of
Republicans and Democrats, found the company to be in violation of
multiple sections of the National Labor Relations Act and ordered the
company to reimburse the trust for missed payments. The law before us
today, if passed, will invalidate this decision, as well as many
others; stop the enforcement of the National Labor Relations Act; allow
unlawful activity to continue; and exact a toll on workers across the
country.
The NLRB is the referee between management and labor, and it helps
guarantee the fundamental rights of middle class workers to organize,
to bargain for better wages, benefits, and workplace conditions. This
bill eliminates the referee and does real harm to hardworking men and
women in my district and across the country. I urge my colleagues to
oppose this bill.
Mr. KLINE. Mr. Speaker, I am now pleased to yield 2 minutes to
another gentleman from Indiana (Mr. Bucshon), a member of the
committee.
Mr. BUCSHON. Mr. Speaker, I rise today in support of the Preventing
Greater Uncertainty in Labor-Management Relations Act. This legislation
provides much-needed clarity for employers, employees, and other
stakeholders affected by the unconstitutional actions of the National
Labor Relations Board.
The issue here is the Constitution. You're hearing from the other
side of the aisle that this is about policy disagreements with the NLRB
decisions or about how previous Presidents have done recess
appointments similar to these. They're wrong on both accounts. They're
attempting to reframe the debate and confuse the American people about
what this really is about.
Previously, the Senate was not in session when previous Presidents
made appointments, and decisions by their appointees were accepted as
constitutional. In this case, the Senate was in a pro forma session.
They were in session, and this has precedent that has been stated
already here today. In 2007, Senator Reid announced that the Senate
would be coming in for pro forma sessions during the Thanksgiving
holiday to prevent recess appointments. I
[[Page H1967]]
guess my friends on the other side of the aisle only want to follow the
Constitution when there's a Republican in the White House. Appointments
at that time in 2007 would have been unconstitutional, as these
appointments are now.
The American people deserve a Board that will fairly and objectively
administer the law without bias towards management or labor. I urge my
colleagues to support H.R. 1120, the appropriate congressional response
to help ensure certainty and fairness in America's workplaces.
Mr. ANDREWS. Mr. Speaker, I yield myself 15 seconds.
Mr. Speaker, every Member of this House, I'm certain, wants to follow
the Constitution. On our side, we think that the Constitution means the
same thing whether George W. Bush is President or Barack Obama is
President, and that Constitution vests the President with recess power
appointments which were never challenged by the other side in the Bush
administration.
At this time, I'm pleased to yield 2 minutes to the gentleman from
New York (Mr. Bishop), a long-time fighter on this committee for the
rights of the middle class.
Mr. BISHOP of New York. Mr. Speaker, I rise in opposition to H.R.
1120. What we are doing here this morning is simply more of the same.
For the past 28 months, House Republicans have used their majority to
engage in a relentless campaign to tear at the fabric of organized
labor by voting to defund, abolish, or greatly curtail the powers of
the NLRB more than 40 times. Let me repeat that: more than 40 times.
None of the attempts to crush the authority of the NLRB have become
law; nor will they ever become law. And yet House Republicans keep
trying.
At the same time, more than 22 million people remain unemployed or
underemployed in this country, sequestration cuts continue to devastate
middle class families, and the most severe cuts are yet to come. Total
payroll compensation as a share of gross domestic product is at its
lowest point since the 1950s. House Democrats seek solutions to these
problems, and yet House Republicans continue to waste our time on a
bill that will never see the light of day in the United States Senate.
And if this bill were to ever pass into law, its impact would be to
hurt workers, not help them.
How many more times do we need to waste taxpayer dollars on political
messaging bills like this, rather than pursue legislation that will
actually help the middle class?
{time} 1050
Ten more times, 20 more times?
Is this all we can expect to accomplish over the next year and a
half?
Americans want Democrats and Republicans to work together. Let's end
the political posturing. Let's get America back to work.
Mr. KLINE. Mr. Speaker, I yield 3 minutes to the gentleman from
Arkansas (Mr. Womack), a real leader on this issue.
Mr. WOMACK. Mr. Speaker, I thank the chairman.
Mr. Speaker, our Framers were visionaries. They had the foresight to
not only establish constitutional principles and processes that address
the challenges of their day, but that still sustain and guide this
country 230-plus years later.
Now, I don't think there's any question that this particular
government, this Federal Government, has gotten away from proven and
time-tested processes required by our Constitution and has stretched
constitutional authority to its limits.
We're operating under continuing resolutions. That seems to be normal
today. We've submitted budgets that are now over 2 months late. And we
have taken other steps, right here in these Halls, that have served to
usurp the rights that belong to our States.
Doing so has left us vulnerable, Mr. Speaker, to rulings like the
D.C. Court of Appeals ruling on February 8 that said that the
President's recess appointments to the National Labor Relations Board
were unconstitutional.
Now, like my friends on the other side of the aisle, and like you,
Mr. Speaker, we have all raised our hand and said that we're going to
support and defend the Constitution of the United States against all
enemies, foreign and domestic, and you know the rest. We've all taken
that oath.
The Noel Canning decision holds the President's recess appointments
are in direct contradiction to what the Framers outlined in article II,
section 2, clause 2 of the Constitution. And, as a result of the
ruling, each decision made by that Board since that time has been
called into question.
Mr. Speaker, I, personally, don't have anything against the
individuals who have been appointed to the NLRB. And it's irrelevant
whether I agree or disagree with the Board's rulings.
My concerns are, and the concern of each and every Member of this
House should be the fact that we continually push the limits of our
Constitution, the checks and balances outlined in this sacred document.
At its best, this Court of Appeals ruling provides uncertainty, and
the last thing that this country, this economy needs is uncertainty.
I recognize the weight of the decisions made on the interpretation of
the Constitution. They are tough. It is no easy task. And that's why I
don't think it's unreasonable to press the pause button on the
decisions emanating from this Board until we get a final ruling. It is
irresponsible, in my strong opinion, not to.
That's why I appreciate my friend from Tennessee (Mr. Roe) for
authoring this legislation. I support it wholeheartedly and recommend
its passage.
Mr. ANDREWS. Mr. Speaker, I yield myself 15 seconds.
With all due respect to the last speaker, this bill doesn't push the
pause button. It pushes the erase button. It erases the rights of
American workers to bargain collectively and organize.
At this time I am pleased to yield 2 minutes to my friend and
neighbor from New Jersey (Mr. Holt), a member of the committee, and
someone who understands that there's a direct connection between
economic growth and collective bargaining.
Mr. HOLT. I thank my friend and colleague from New Jersey.
Let's understand, the issue here is not about recess appointments or
the Board quorum at a Federal agency or the Constitution. My Republican
friends never raised this issue in hundreds of previous occurrences.
Instead, what's happening now, the majority is using this misguided
bill as a platform to continue a coordinated attack on the National
Labor Relations Board and on American workers.
H.R. 1120 is simply an attempt to effectively shut down the Board and
deny all private sector employees their rights.
The NLRB is an independent agency which serves as the only avenue for
private sector employees to bargain collectively, to file unfair labor
complaints, to conduct union elections if desired.
The National Labor Relations Act stabilizes workplaces and ensures
industrial peace. We must not continue these warrantless attacks on the
only established avenue which brings employees to the bargaining table
with their employers.
What H.R. 1120 would do is roll back the clock three-quarters of a
century, to the days of brutality and humiliation, the days before the
institution of the Wagner Act, the days in which workers and their
families suffered indignities, strife, even bloodshed.
Having laws for orderly labor and management processes helps
businesses. It helps industry. It helps citizens of all economic
levels. It helps our economy.
I regret that the majority is wasting time that could be used to
address the real problems facing Americans. At every town hall citizens
ask me: What about jobs? What about economic growth?
But instead of helping workers raise their wages, improve workplace
safety, ensure fair retirement, House Republicans continue their attack
on the National Labor Relations Board and ignore the economic crisis
facing American workers, and making the American Dream that much harder
for Americans to achieve.
This is not about abstract worker rights. This is about a productive
economy where workers and their employers can work together.
Mr. KLINE. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Walberg), the chair of the Workforce Protection
Subcommittee.
Mr. WALBERG. I thank the chairman.
[[Page H1968]]
Mr. Speaker, I am proud to be in the battle for the middle class of
Michigan's great Seventh District, as well as the middle class of the
United States.
Today, Michigan's unemployment rate is nearly 9 percent, and the
actions of this dysfunctional Board have only hindered Michigan's
attempts to grow and develop a healthy economy and have more people
able to climb to the middle class.
For our State to recover and thrive, we need Michigan to be open for
business. What our employers need now, more than ever, is certainty.
Unfortunately, this Board has done little to help foster their success.
In fact, the NLRB has been a chilling factor to economic success for
employers and employees. In January 2012, President Obama attempted to
make three unconstitutional recess appointments to the National Labor
Relations Board. However, a year later, on January 25, 2013, they were
found, indeed, to be unconstitutional by the U.S. Court of Appeals for
the District of Columbia.
In that year, the Board made numerous decisions, oftentimes with
significant consequences for job creators and for employees. They made
it more difficult for employers to investigate employee complaints or
misconduct and undermined employee rights to not engage in partisan
political activities of their union bosses.
In spite of the decision of the U.S. Court of Appeals, the Board has
continued to issue rulings and decisions. I would urge all of my
colleagues to support this legislation and help bring much-needed
certainty and stability to America's workforce and increase in our
needed middle class.
Mr. ANDREWS. Mr. Speaker, I'm pleased to yield 1\1/2\ minutes to the
gentlewoman from California (Ms. Linda T. Sanchez), a Member who fought
for these kind of rights before she got here as a litigator and has
fought for them since.
Ms. LINDA T. SANCHEZ of California. Mr. Speaker, I rise today in
opposition to H.R. 1120, the Republican plan to shut down the NLRB.
This plan is just the latest in a seemingly unending series of
Republican attacks on working people.
Make no mistake: the real goal of this legislation is to attack
workers' rights. This bill will make it harder for workers and
employers to settle disputes. It will essentially end the National
Labor Relations Board's ability to hear cases until the Senate confirms
the President's NLRB nominees. And we all know that that deliberative
body is often better at obstruction than getting the people's business
done.
Instead of trying to shut down the NLRB, shouldn't my colleagues on
the other side of the aisle be calling on the Senate to have an up-or-
down vote on the President's nominees for the NLRB?
Allow me to separate fact from fiction. This bill is not about
certainty. This bill is about making it harder for working people to
have their voices and their cases heard.
This bill is not about making the NLRB function efficiently.
{time} 1100
This bill is a partisan move to gut the NLRB's implementation of the
law. After all, if you fire all the judges, there's nobody there to
hear your case.
Once again, the Republican leadership has decided to waste time
making political points at the expense of working class Americans. We
should be working on legislation to grow jobs. The American people are
sick of politics. They want Congress to work on creating jobs and
economic certainty. What our Republican friends are giving the American
people today is more of an assault on workers' rights.
This legislation doesn't do anything to help the 23 million Americans
looking for good-paying jobs. Vote ``no'' on this turkey of a piece of
legislation.
Mr. KLINE. Mr. Speaker, I am pleased to yield 2 minutes to the
gentleman from Pennsylvania (Mr. Kelly).
Mr. KELLY of Pennsylvania. I thank the chairman.
Mr. Speaker, I rise in strong support of the Preventing Greater
Uncertainty in Labor-Management Relations Act.
If you're sick of government, spend a couple of years here.
We talk about the American people. Please tell me that these debates
have anything to do with getting people back to work. This is about a
constitutional process that we're supposed to follow. This is about
unconstitutional appointments to the National Labor Relations Board.
That Board, by the way, protects employers, management, and labor--it's
not just labor--so let's make sure we understand that.
As we come here and do this posturing, no wonder the American people
are losing faith in the way this body works. If we're really concerned
about getting people back to work, if we're really concerned about
letting this Nation rise again, this is not a Republican issue or a
Democrat issue. This is not a Board that's supposed to be made up of
all Republicans or all Democrats, but it's supposed to be
constitutionally appointed. My Lord, what are we talking about today?
These are unconstitutional appointments.
You know what the certainty of this is? Here's the certainty. And
this is a President that always talks about if you play by the rules,
if you follow the rules and you work really hard in this country, you
have a chance to make it. But the footnote is: unless you don't agree
with me, I'll go ahead and do it the way I want to do it. Even though
I'm a professor of constitutional law, put that aside. I know an end
run on this.
Now, I would tell my colleagues, please, this is a process that we
have to protect. This is not a political football to go back and forth
with. My goodness. This is about fairness. Fairness is not a Republican
issue or a Democrat issue. It's an American issue. It doesn't matter
who struck John or what did past Presidents do. This has been found
unconstitutional.
The only certainty of what's going on here are three things regarding
the Board's current decisions: those decisions cannot be relied upon;
every losing party will be justified in filing an appeal; and no
prevailing party can be assured that they will ever benefit from any
Board-ordered remedy.
How do you fix it?
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. KLINE. I yield the gentleman an additional 30 seconds.
Mr. KELLY of Pennsylvania. Take it to the Senate; run it through the
process it's supposed to run through; get them appointed the right way;
and then to go forward. Isn't that the American way? I'm not talking
about a Republican way. I'm not talking about a Democrat way. It's
what's best for the country.
This political posturing is ridiculous. We know what the law is here;
we know what the process is; we know what the Constitution says; and
we're here today making it something else. This is not about class
warfare. This is about denying the process.
Mr. ANDREWS. Mr. Speaker, I yield myself 20 seconds.
My friend talks about playing by the rules. President Obama followed
the rules that President Reagan followed, President Bush followed,
President Clinton followed, President George W. Bush followed. The
other body has the ability to resolve this dispute by taking votes on
the five nominees that are presently before the United States Senate.
I am pleased to yield 1 minute to a consistent voice for America's
working families across the country, the gentlelady from Texas (Ms.
Jackson Lee).
(Ms. JACKSON LEE asked and was given permission to revise and extend
her remarks.)
Ms. JACKSON LEE. I thank my good friend.
I'm so glad my good friend talked about the question of fairness
because I believe in fairness as well; and I ask my colleagues to
enthusiastically, with great presence, to vote this legislation down
because it is unfair because I believe in the working man and working
woman and working families who desperately need a fair body that is in
regular order, the NLRB, that allows companies, corporate America, to
come to the table of reconciliation on issues like pay equity, of which
my good friend Rosa DeLauro is a champion of and I'm joining her, on
good issues like the quality of life in the workplace, the idea of
income and negotiations on plants being shut down.
What my good friends want to do is deny the process to this President
that Ronald Reagan used some 240 times, the hundreds of recess
appointments in
[[Page H1969]]
the 1980s, to ensure that regular order occurred in this Nation
on behalf of the working men and women of America. This is a direct
stab at them. This is a direct affront to them. And I would ask my
colleagues to vote against this and for the working men and women of
America. This is a bad bill.
Mr. KLINE. I am now pleased to yield 3 minutes to a member of the
committee, the gentleman from Indiana (Mr. Rokita).
Mr. ROKITA. I thank the chairman for yielding.
I'm struck by the mention of fairness from the gentlelady who just
spoke. What is fair is the rule of law, and that's what this country
was founded on. That is the ultimate fairness. And that's what this
bill is fundamentally about--the core American value about respect for
the rule of law.
Now, our President chose to violate the law by unconstitutionally
appointing new members to the National Labor Relations Board in January
of 2012. And while the President claimed he had this authority and
while our friends are claiming he had this authority because the Senate
was ``in recess,'' there was one problem: the Senate wasn't in recess.
The Senate was actually in session.
Last year, in response to this, I led in a letter to our President,
with 26 of our colleagues, Mr. Speaker, protesting these appointments
and asking the White House to obey the law so that we wouldn't have the
uncertainty that we do now, so that we wouldn't have to have the
argument that we're having now, unfortunately; but by making these
appointments, the White House and the executive branch has essentially
claimed the authority to determine when the Senate is unavailable to
perform its constitutional duties.
The executive branch should not be deciding whether the Senate is
unavailable to provide its advice and consent. Our Founding Fathers,
who created a government marked by a separation of powers, would be
shocked and dismayed by the utter disregard the President has shown to
the Constitution of the United States by making these appointments.
Now, Mr. Speaker, with all due respect to my colleagues on the other
side who continually make this argument as though if they said it 20
times it actually makes it more true--it does not--the suggestion that
President Obama's actions were similar to past Presidents is patently
false. No President ever made recess appointments while the Senate was
meeting regularly in pro forma session--until this current President.
If President Obama had followed the practice set by his predecessors,
there wouldn't be a cloud of uncertainty hanging over the NLRB today.
And this uncertainty, to the point made by my colleagues earlier, is
hurting jobs; because when you have Commissioners who are appointed
unconstitutionally, their rules are now unconstitutional. Businesses
can't follow them. Unions can't follow them. Workers can't follow them.
And when that's the case, what job creator is going to hire more
people? And that's the real situation we find ourselves in here today,
unfortunately.
Now the issue is pending before the United States Supreme Court. It's
my hope that the Court will acknowledge that no one, including this
President, Mr. Speaker, is above the law in this country, from the
poorest of our citizens to himself.
The SPEAKER pro tempore (Mr. Latham). The time of the gentleman has
expired.
Mr. KLINE. I yield the gentleman an additional 30 seconds.
Mr. ROKITA. We can never afford to forget that.
For these reasons, I simply urge all my colleagues to support H.R.
1120 and to not listen to the nonsense that we're hearing from the
other side. We believe in the worker. We believe in workers' rights. We
believe in the rights of businesses. We believe in the rights of
unions. We believe the President, above everyone else in this country,
should follow the law.
Mr. ANDREWS. Mr. Speaker, I yield myself 20 seconds.
Mr. Speaker, the prior speaker's own words indicate the contradiction
of his position. He said it is unconstitutional that these recess
appointments took place. He then just said that the appeal of this
matter is pending before the United States Supreme Court. Marbury v.
Madison does not give the D.C. circuit the final say on
constitutionality or the Supreme Court that authority.
I am pleased to yield 2\1/2\ minutes to someone who has made a career
here of fighting for the rights of working Americans and collective
bargaining, the gentlelady from Connecticut (Ms. DeLauro).
{time} 1110
Ms. DeLAURO. I rise in strong opposition to this ill-conceived bill.
It aims to effectively shut down the National Labor Relations Board--
another direct attack by this House majority on workers' rights.
As we have been debating, a D.C. court recently ruled that two of the
Board's current appointments made during a recess within a
congressional session are invalid, and therefore NLRB currently lacks a
quorum. This ruling is at odds with three other court rulings on the
same matter and, in fact, the court did not order the NLRB to stop
performing its duties. Nevertheless, the majority is trying to use this
one decision as a pretext to stop the Board from issuing any decisions
or taking any other actions on behalf of workers. This is a transparent
attempt to effectively shut down the NLRB.
What we need to do here is have the Senate take up the five pending
nominations and act quickly so that we can have a functioning NLRB.
This one court decision is squarely at odds with longstanding
practice. Presidents of both parties have routinely made recess
appointments during intrasession recesses and without regard to when
the vacancy first arose.
The Congressional Research Service has identified a total of 329
intrasession recess appointments made since 1980. All of these would
presumably be invalid under this court's decision, and that includes
four such NLRB recess appointments by President Reagan and four by the
second President Bush. Tell me, were these eight appointments by
President Reagan and President Bush also in violation of the
Constitution? If so, then why is this one particular court decision
considered the ``right'' one despite the fact that all other courts and
past practices disagree with it?
The majority simply wants to prevent the NLRB from functioning so
that workers who want to invoke their basic right to organize have no
recourse. What recourse, for that matter, would employers have against
actions by unions that violate labor laws, such as secondary boycotts
or unlawful picketing? Under the terms of the National Labor Relations
Act, its provisions can only be enforced through the NLRB. There is no
provision in the act for private lawsuits.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. ANDREWS. Mr. Speaker, I yield the gentlelady another 30 seconds.
Ms. DeLAURO. Without the NLRB, we simply do not have a fair workplace
that works for everyone.
This is another in an endless series of Republican attacks on the
foundations of the American middle class. It aims to undermine worker
protections and accelerate a race to the bottom.
Let the NLRB do its work. I urge my colleagues to stand up for
workers and employers and oppose this bill.
Mr. KLINE. Mr. Speaker, can I inquire as to the time remaining?
The SPEAKER pro tempore. The gentleman from Minnesota has 6\1/2\
minutes; the gentleman from New Jersey has 5\1/2\ minutes.
Mr. KLINE. Mr. Speaker, we have another speaker reportedly en route
from another committee, so I will reserve the balance of my time and
give him a chance to get here.
Mr. ANDREWS. I thank my friend, Mr. Speaker.
Mr. Speaker, at this time, I'm pleased to yield 1\1/2\ minutes to
someone who has walked in the shoes of those collectively bargaining
and organizing, the gentleman from Georgia (Mr. Johnson).
Mr. JOHNSON of Georgia. Mr. Speaker, I oppose H.R. 1120. This is just
a naked attempt to neuter the National Labor Relations Board. This is
done in concert with the United States Senate, which refuses to confirm
any nominees by the President to the NLRB, and in concert also with the
right-wing ideologues on the D.C. Circuit Court of Appeals, who have
gone against 150 years of practice by Democratic and
[[Page H1970]]
Republican Presidents alike in appointing through the recess
appointment constitutional process.
Now we have the U.S. Congress, the House of Representatives, with
this H.R. 1120, Preventing Greater Uncertainty in Labor-Management
Relations Act. This would straitjacket workplace fairness and hurt
middle class workers. It would also create uncertainty, interfere with
judicial proceedings still on appeal, and undermine the NLRB's core
functions.
This is a bill that's anti-worker, it's obstructionist, and it
represents the machinations of a Republican Party more interested in
impeding the NLRB and blindly attacking this administration at every
opportunity than finding solutions to unemployment.
This bill represents a party that has lost touch with middle class
values, and I urge my colleagues to vote against it.
Mr. KLINE. Mr. Speaker, I would advise my colleague that the speaker
we're waiting for has not yet arrived. I'm not sure how many speakers
are left on your side.
I continue to reserve the balance of my time.
Mr. ANDREWS. Mr. Speaker, I would advise my friend and the Speaker
that we have no more speakers at this time.
What I would propose, with the Speaker's discretion, is I'd like to
speak for about 1 minute. Perhaps if your other speaker arrives, we
could accommodate that person. If not, I would then close for our side
and then the chairman defending the bill would close.
Mr. KLINE. I have no objection.
Mr. ANDREWS. Mr. Speaker, I yield myself 1 minute.
The House deserves an accurate record of where this matter stands
legally.
After the Senate refused to cast a vote on any of the President's
nominees to the National Labor Relations Board, the President acted
through the recess appointments clause that his predecessors have
relied on far more often than he has. The D.C. Circuit ruled that those
appointments were invalid. The case is presently under consideration
under writ of certiorari to the United States Supreme Court, which
either will or will not hear the appeal.
The majority is advancing a rather novel legal theory that a decision
by one circuit court of appeals establishes with finality the
constitutionality or lack of constitutionality of a provision. This is
truly a novel theory. Marbury v. Madison makes it clear: only the
United States Supreme Court has finality in these sort of matters. The
President acted in good faith under a constitutional provision that
others have followed before.
I reserve the balance of my time.
Mr. KLINE. Mr. Speaker, our speaker has not yet arrived, so I will be
ready to close after the gentleman from New Jersey.
I reserve the balance of my time.
Mr. ANDREWS. Mr. Speaker, I yield myself such time as I may consume.
I thank the Speaker and colleagues of both parties for the spirited
nature of this debate. At its core, this debate and this bill is about
the primacy and value of collective bargaining in our country.
There really are two different points of view on collective
bargaining: one is that it's a nuisance; the other is that it's an
engine of economic growth.
There are those who believe that the proper organization of our
economy is that the bosses decide what happens, everyone else salutes,
and that's what happens. This led us to situations where we had
children working in sweatshops, people working 80 or 90 or 100 hours a
week, and people being forced out and fired for all sorts of invalid
and irrational reasons.
In our country's history, we're fortunate that there was a great
movement of collective bargaining among the working people of this
country. In the 1930s, those who preceded us here enshrined the rights
of collective bargaining in various statutes. Since then, for nearly 90
years these statutes have worked to promote fairness, equity, and
economic growth in our country.
Collective bargaining works--not just for those in a union, but for
all those in the United States of America. This bill is a direct
assault on collective bargaining. It is an assault that has seen its
manifestation in other parts of the country--against public workers in
Wisconsin, against all workers in Ohio.
Collective bargaining is one of the main engines of the development
of America's middle class, and America's middle class is clearly the
main reason for the development of the strongest economy on the face of
the Earth. A vote against this bill is an affirmation of the value of
collective bargaining. A vote for this bill is an erosion of that
precious right that Americans have always enjoyed and should enjoy.
{time} 1120
We have the opportunity to stand up for those who wash the dishes,
patrol the streets, build our buildings, teach our children. We have
the opportunity to stand up for the right of collective bargaining. I
urge both my Republican and Democratic friends to stand up for
America's middle class and vote ``no'' on this bill that paralyzes and
assaults collective bargaining in our country.
Mr. Speaker, I yield back the balance of my time.
Mr. KLINE. Mr. Speaker, I yield myself such time as I may consume.
I think it is important to remember why we are here today. More than
a year ago, the President took an unprecedented step despite all of the
discussion from the other side of the aisle. No other President made a
recess appointment when the Senate was in session, in pro forma
session, or any session. So despite how many times President Reagan or
President George H.W. Bush or President George W. Bush made recess
appointments, this was unprecedented.
Now, it's still an open question to be decided. The D.C. Court of
Appeals made a ruling that the President's appointees to the National
Labor Relations Board were unconstitutional. And it's going to be an
ongoing debate, I'm sure, going forward for days and weeks, the sooner
the better, to determine what it means under article I, section 5,
clause 2 of the United States Constitution, where it says the Senate is
vested with the power to ``determine the rules of its proceedings.''
The Senate determined that the rules of its proceeding said that the
Senate was in session.
We heard mention today by a number of my colleagues that Senator Reid
had announced, when President Bush was in office, that the Senate was
going to stay in pro forma session in order to keep the President from
making recess appointments. That's an important debate going forward.
The problem is, as we stand here today, with a lot of discussion from
the other side of the aisle, unfortunately some of which was
questioning our motives, my motives, called action shameful, that's a
shame. Because what we've got today is a Board that has been ruled
unconstitutional by the D.C. court, which by the way is the court that
reviews every single challenge to an NLRB ruling. You can't get
relieved by a court in San Diego. If you don't like the ruling of the
Board, you're going to appeal to the court that has already ruled that
that Board is unconstitutional.
This is dysfunctional. This doesn't have anything to do with whether
or not I, or anybody else, believe in collective bargaining rights. We
have a Board that under the National Labor Relations Act is supposed to
be an arbiter, a fair arbiter. It's the place where you go to get a
determination; and the problem there is you can't go there to get a
determination, or you get one that is immediately suspect and open to
appeal to a court that has already said that they're unconstitutional.
We already have over 600 rulings by this Board since these
appointments were made January a year ago. Every time this Board makes
another decision, another ruling, it pours more uncertainty into an
economy that is, frankly, still desperately struggling to come out.
We've heard accusations about, well, it's the Senate's fault, and I'm
sort of inclined to always think that it's the Senate's fault when
something doesn't happen. I just remind my colleagues that this is a
bipartisan Senate problem.
In 2011, a Republican Board nominee languished in the Democrat-led
Senate for a year--no hearing, no debate, no vote. So this is not a new
circumstance.
[[Page H1971]]
There is an answer to this: the President of the United States can
bring forward nominees that can be confirmed--that can be confirmed--
and then we would have a constitutionally constituted Board to go
forward and resolve the disputes that were brought up so many times by
my colleagues on the other side of the aisle. That's not what we have
now. We have a dysfunctional Board that is worse than useless because
they are making decisions which are entirely suspect.
Congress should not allow this situation to get worse. The Preventing
Greater Uncertainty in Labor-Management Relations Act is an appropriate
response to a horrible situation. This ought not to be Republicans
versus Democrats. This is a chance for us to say we have an intolerable
situation. This Board needs to stop issuing decisions that are
immediately suspect and challengeable to the very court that has ruled
them unconstitutional.
I urge my colleagues to vote ``yes'' on H.R. 1120, and I yield back
the balance of my time.
Mr. SWALWELL of California. Mr. Speaker, I rise in strong opposition
to H.R. 1120, the so-called Preventing Greater Uncertainty in Labor-
Management Relations Act.
House Republicans today are continuing their assault against workers'
rights. The bill before us would retroactively invalidate National
Labor Relations Board, NLRB, decisions made after January 2012 and
prevent the board from making or enforcing new decisions until the
Senate confirms a quorum of members.
There is an ongoing debate in the courts about the extent of the
President's recess appointment powers, and there is no reason for
Congress to interject itself now. Moreover, this misguided bill would
hurt both workers and businesses by creating chaos. The NLRB protects
workers rights to bargain collectively, but it also works to protect
businesses by setting orderly standards for labor disputes.
We cannot afford to have both workers and employers face further
uncertainty in resolving cases, which will negatively impact our
economy. While our economy continues to recover, we should instead be
supporting growth by providing stability to both workers and
businesses.
Instead of attacking workers and curtailing their rights, I would
hope Members would be willing to work together find common sense
solutions to help working families. I urge my colleagues to vote no on
H.R. 1120.
Mr. BLUMENAUER. Mr. Speaker, it is disappointing that House
Resolution 1120, the so-called ``Preventing Greater Uncertainty in
Labor-Relations Act'' would actually create greater uncertainty for
labor unions and businesses and wreak havoc on the middle class. I do
not understand the interest in scapegoating America's unions for the
economic problems that beset us. It was not America's grocery clerks,
nurses, teachers, postal workers, or electricians that nearly caused
the meltdown of the economy. America's working men and women didn't
engineer poor loans, systematically cheat consumers, and transform
financial institutions into giant casinos. However, there are some in
this Chamber who seem convinced that getting rid of labor unions will
advance their agenda.
This bill essentially shuts down the Labor Relations Board, by
refusing to allow them to issue decisions, enforce existing decisions,
or move forward with rulemaking. It means that labor and business
issues that are currently unclear will remain unclear. It increases the
chance of a strike, because without the National Labor Relations Board
to help mediate, workers will be more likely to strike to protest
unfair working conditions.
Let's remember that it's not just union members who benefit from
America's unions. Our entire society benefits from their efforts. It
was organized labor that spearheaded efforts for a 40 hour work week,
brought safety to the workplace, fought for environmental protection,
and championed pay equality for women. It is not just rhetoric that
unions brought you the weekend. Unions are among the few strong voices
who continue to stand up for a strong livable wage for our workers.
It's important to be thoughtful about the best way to navigate labor-
business relations. I'm all for fine tuning the system, but I am
adamantly opposed to gutting rights and protection of workers. We must
start by acknowledging the debt we owe to unions and to stop this
wholesale assault. I will vote no on H.R. 1120, and I will be
disappointed if I am not joined by more of my colleagues.
Mr. LANGEVIN. Mr. Speaker, I rise today in opposition to H.R. 1120,
the ironically and unfortunately-named ``Preventing Greater Uncertainty
in Labor-Management Relations Act.'' The National Labor Relations Board
is a crucial federal agency, mediating disputes between workers and
employers, upholding labor laws, and ensuring the integrity of union
elections. This bill would undermine the NLRB's authority and lead to
an unstable labor-management relationship for the foreseeable future.
Under H.R. 1120, countless labor cases would go unheard, decisions
would be unenforceable, violations of workers' rights would go
unpunished, and union elections could not be certified. All current
unfair labor practice proceedings in the country could be brought to a
standstill. Instead of removing uncertainty, this bill would in fact do
just the opposite.
Not only would this bill hamstring the NLRB in fulfilling its duties,
but it increases the chances of labor strikes. Without a functioning
board, wronged workers would have nowhere to turn for the enforcement
of their rights under the law. There would be no one to enforce
reinstatement orders for workers who were wrongfully terminated, and
businesses would lose a forum to address disputes. Without the
guarantee of the NLRB's protections, workers will be more likely to
strike to seek redress of grievances.
We are told this bill is necessary to enforce the decision in Noel
Canning v. NLRB, which invalidated recent recess appointments to the
Board. This partisan decision, which runs contrary to mountains of
legal precedent, has already been appealed to the Supreme Court. I
recall that we opened this Congress with a reading of the Constitution.
I hope my colleagues have taken to heart the Separation of Powers
enshrined therein, and will allow the judicial branch to work through
this issue. Should the ultimate decision run contrary to the will of
the House, I have no doubt we will be able to revisit the topic then.
If my colleagues across the aisle are truly interested in ensuring
the integrity of the NLRB, they should urge their Senate colleagues to
stop holding up these nominations and allow them an up or down vote.
I urge a ``no'' vote on this bill.
Mr. CROWLEY. Mr. Speaker, I rise today to urge my colleagues to vote
``no'' on yet another attack on workers' protections.
The National Labor Relations Board has provided stability between
workers and employers for decades. And yes, it has helped ensure that
workers have a voice. Yet, in just the past two years, my colleagues on
the other side of the aisle have tried numerous times to paralyze the
operations of the board. Each time, they came up with a new angle. I
appreciate their creativity. But the goal is the same: to put labor
rights out of reach. This time, the majority has tried to say their
bill will promote ``certainty''. But without a functioning Board, none
of the labor rights in the landmark Wagner Act can be enforced. So it
seems the only ``certainty'' we're providing is that there will be even
more economic turmoil than we already have.
Whether its women's rights or workers' rights, bill after bill
advanced by the majority is aimed at taking our country backwards. I
know that not all my friends on the other side of the aisle agree with
this bill. I appreciate that. It is unfortunate that some of my
colleagues are seeking a return to the past, before we had protections
for workers. But I hope that most will focus on the present, and get on
with building a better workforce and a brighter future.
So I again urge my colleagues to stand with millions of middle-class
American workers and vote ``no'' on this bill.
Mr. VAN HOLLEN. Mr. Speaker, I rise today to oppose this attempt to
strip worker protections in this country by shutting down the National
Labor Relations Board.
The Majority argues that this bill somehow removes ``uncertainty'' in
the economy. In reality, it does exactly the opposite. By removing all
authority from the Board that enforces labor law, it creates unworkable
deadlock. The NLRB orders union elections, certifies and decertifies
unions after elections, and makes decisions on unfair labor practices
when they are filed by employers or employees. Without a functional
NLRB, there is no enforcement of workers' rights. And with no
alternative means of resolving disputes, workers may resort to strikes.
The President has nominated two Republicans to fill the vacant seats
on the NLRB and has renominated the Board members in dispute in the DC
Circuit case. If the Majority is really interested in a functional
Board, they should urge their colleagues in the Senate to vote on those
nominations without delay. Today's bill will destabilize labor
relations and I urge a ``no'' vote.
Mr. CONYERS. Mr. Speaker, I rise today in opposition to H.R. 1120,
the Preventing Greater Uncertainty in Labor-Management Relations Act.
This legislation is anti-worker, anti-management, and rather than
creating certainty, it would throw the world of labor relations into
complete chaos by shutting down the final arbiter--the National Labor
Relation Board. And it would do this all in the name of upholding a
single decision that overturns decades of court precedent and executive
practice upholding intra-session recess appointments as constitutional.
If H.R. 1120 becomes law, it would put us in a situation where
employees and employers
[[Page H1972]]
would be denied recourse in the courts--a fundamental guarantee in our
society. Final review of decisions would be all but impossible to
obtain, effectively nullifying the consequences for unfair labor
practices. The National Labor Relations Act, overseen and enforced by
the National Labor Relations Board, protects working Americans' rights
to form unions, bargain collectively for fair wages, and ensure they
work in a safe environment. The National Labor Relations Board also
protects employers, who have recourse before the Board in the same way
employees do. Eliminating the Board helps only those who wish to
violate labor laws without consequence. That is not a constituency this
Congress should be representing.
H.R. 1120 does two things. First, it prevents the NLRB from
operating, which is in and of itself a reason to oppose it--America's
workers depend on a functioning Board. Second, H.R. 1120 legitimizes
the obstructionism of the minority in the Senate, which led President
Obama to make these recess appointments in the first place. It is
responding to hostage taking by giving the hostage-takers everything
they want and more. This creates a no-win situation where neither side
has any incentive to compromise for the good of our country.
The Framers of the United States Constitution included the recess
appointment clause in Article II of the Constitution to ensure that our
government could function even if the Senate is unavailable to confirm
the President's appointments. It is time that we honor their wisdom.
That means that here in the House of Representatives, we vote down this
wrongheaded bill; in the Senate, that means getting to work and voting
on whether the Presidents' appointees are qualified or not.
I urge my colleagues to vote ``no'' on this legislation and uphold
over a half-a-century of precedent and practice, and ensure our working
men and women are not denied justice by way of delay.
Ms. JACKSON LEE. Mr. Speaker, I rise to oppose H.R. 1120, the
``Preventing Greater Uncertainty in Labor-Management Relations Act.''
This bill effectively prevents American employees from seeking
remedies when their rights under the National Labor Relations Act, or
NLRA, are violated.
The NLRA guarantees American workers in the private sector the right
to act collectively to improve the conditions of their workplace. This
applies for formal meetings with supervisors, as well as to employees
who gather in the break room to discuss a new company policy or compare
their paychecks.
The NLRA also protects workers when they act together to protest
working conditions, such as leaving the building because the employer
refuses to turn on the heat. Recently, these laws have been applied to
protect employees who discussed their salaries with each other on
Facebook. You don't need to be part of a union to be protected by these
laws.
Under the NLRA, employees can go to the National Labor Relations
Board (``NLRB'') with their workplace grievances.
The NLRB is also charged with conducting elections for labor union
representation and with investigating and remedying unfair labor
practices involving unions.
On January 25, 2013, in Noel Canning v. NLRB, 678 F.3d. ___, No. 12-
1115 (D.C. Cir. 2013), a case challenging the constitutionality of
certain appointments made to the NLRB by President Obama pursuant to
his authority under Article II, Section 2, Clause 3, the United States
Circuit Court of Appeals for the District of Columbia issued a ruling
invalidating President Obama's appointments on the alleged ground that
they violated the Recess Appointments Clause.
The D.C. Circuit's decision in Noel Canning rests upon its novel and
controversial interpretation of the word ``the'' in Recess Appointments
Clause, which states that ``The President shall have Power to fill up
all Vacancies that may happen during the Recess of the Senate.''
The court held that the Recess Appointments Clause applies only to
``intersessional'' recesses, that is, only to the recess occurring
between the first and second session of a Congress but not to
``intrasessional'' recesses, which are those occurring during either
the first or second session.
The decision in Noel Canning is squarely at odds with that of every
other circuit court that has considered this issue going back as far as
1880. Indeed, until the D.C. Circuit issued its bizarre ruling, this
was thought to be a long settled issue, most recently affirmed by the
Eleventh Circuit in 2004 in Evans v. Stephens, 387 F.3d 1220, 1226-27
(11th Cir. 2004), cert. denied, 125 S.Ct. 1640 (2005).
In Evans, the court upheld the intrasessional recess appointment of
Judge William Pryor to the Eleventh Circuit made by President George W.
Bush. The court rejected the same argument that was advanced by the
petitioner in Noel Canning, stating:
``interpreting the phrase to prohibit the President from
filling a vacancy that comes into being on the last day of a
Session but to empower the President to fill a vacancy that
arises immediately thereafter (on the first day of a recess)
contradicts what we understand to be the purpose of the
Recess Appointments Clause: to keep important offices filled
and the government functioning.''
387 F.3d at 1226-27.
The Supreme Court has granted certiorari and will review the Noel
Canning decision, and I expect the Court to reverse the judgment of the
D.C. Circuit.
Mr. Speaker, the nonpartisan Congressional Research Service has
estimated that had the decision in Noel Canning been the controlling
precedent over the last the 30 years, it would have invalidated more
than 325 appointments made by Presidents of both parties, including the
following conservative icons: Jeanne Kirkpatrick, Alan Greenspan, and
John Bolton.
In fact, of the 326 total intrasession recess appointments made over
the past three decades, 76.7 percent, or 250, were made by Republican
presidents: 72 from President Reagan; 37 from President George H. W.
Bush; and 141 from President George W. Bush. In contrast, less than 1
in 4 appointments (79) were made by Democratic presidents: 53 from
President Clinton; a mere 26 from President Obama.
Mr. Speaker, H.R. 1120, the bill before us, is a solution in search
of a problem. Until and unless the Supreme Court affirms the Noel
Canning decision, the NLRB remains empowered to administer the National
Labors Relations Act and protect the rights of workers and management
as it has since its inception in 1935.
The proponents of H.R. 1120 simply dislike the NLRB and are using
this bill as an excuse to try the neuter the agency. Rather than
preventing greater uncertainty, this ill-considered and unwise
legislation would inject uncertainty in labor-management relations.
Mr. Speaker, the American people are not fooled. They understand this
bill is nothing more than a thinly disguised attempt to weaken the
ability of organized labor to protect the interest of working families.
And I am proud to stand with the President and the following
organizations in unyielding opposition to this legislation:
1. AFL-CIO
2. AFSCME
3. SEIU 3
4. International Brotherhood of Teamsters
5. International Association of Machinists
6. Airline Pilots Association International
7. Transportation Trades Department
8. International Brotherhood of Electrical Workers
9. Building and Construction Trades Department
10. United Steelworkers
Mr. Speaker, I stand for fairness. I stand for justice. I stand with
working families. I stand for certainty in labor-management relations.
And that is why I stand in strong opposition to H.R. 1120, the misnamed
``Preventing Greater Uncertainty in Labor-Management Relations Act.''
I urge my colleagues to vote me in voting against this assault on
working families.
Mr. DINGELL. Mr. Speaker, I rise in strong opposition to H.R. 1120,
the Preventing Greater Uncertainty in Labor-Management Relations Act.
This bill's very title is fundamentally misleading. H.R. 1120 will,
in fact, lead to more uncertainty in labor-management relations. The
bill is part and parcel to the Republicans' ongoing war against working
American men, women, and their families. Its purpose is nothing less
than the wholesale abrogation of the right of workers to protect
themselves from unfair labor practices.
H.R. 1120 will neuter the National Labor Relations Board (NLRB) and
give employers greater rein to intimidate workers who have the temerity
to try to organize or protest unjust workplace practices. The bill will
prevent the NLRB from certifying union elections, enforcing orders to
comply with existing labor laws, and taking to trial employers accused
of unfair labor practices.
Mr. Speaker, my father nearly lost his life because of his union
activities. All he sought to do was make a better life for himself and
his family. He lost his job and was sent west to die of tuberculosis,
which very well could have happened if not for the Union Printers Home
and the union of which he was a founding member. I will not stand idly
by as my Republican colleagues seek to destroy his productive legacy.
H.R. 1120 is another legislative expression of the contempt in which my
Republican colleagues hold American working men and women and the
unions they founded for their protection. I am grateful that this bill
will never be taken up by the Senate, much less signed by the
President. It saddens me, however, that Republicans continue their
march at every opportunity to demolish the capacity of the federal
government to protect the health and well-being of Americans not
fortunate enough to have been born with silver spoons in their mouths.
I urge my colleagues to vote down this shameless excuse for a bill.
[[Page H1973]]
Mr. LEVIN. Mr. Speaker, as our economy continues to recover, Congress
should avoid any action that would destabilize employer-employee
relationships--something that we can all agree is essential for our
Nation's economic success. In my home state of Michigan, we have seen
the resurgence of the domestic auto industry in large part due to
cooperation between labor and management and their shared desire to
succeed.
With that example in mind, I cannot understand why House Republicans
are supporting H.R. 1120, the so-called Preventing Greater Uncertainty
in the Labor Management Relations Act, which would effectively shut
down the National Labor Relations Board. Instead of assuring productive
employer-worker relations, a vital part of which is giving workers a
voice in the workplace, this bill would actually create more
uncertainty by rendering inoperable the very agency that protects
workers and businesses from unfair and illegal activity.
This country has labor laws for a reason--to protect workers from
exploitation and ensure a working environment that benefits both labor
and management. And we should not forget that these labor laws helped
create the middle class, providing generations of Americans with good
pay and quality benefits, safe workplaces, and job security.
If Congress wishes to take action regarding the National Labor
Relations Board, I would recommend that action to be the swift Senate
confirmation of President Obama's three candidates for the Board. As
for H.R. 1120, I will oppose this partisan effort to shut down the
National Labor Relations Board.
Mr. GENE GREEN of Texas. Mr. Speaker, I rise in strong opposition to
the Preventing Greater Uncertainty in Labor-Management Relations Act
(H.R. 1120).
H.R. 1120 requires the NLRB to cease all activity that requires a
quorum of Board members. This prohibits the Board from implementing,
administering, or enforcing any decision finalized on or after January
4, 2012, that requires a quorum. This would essentially shut down the
NLRB.
I understand the concerns regarding the Constitutionality of the
appointments, but on February 13, 2013, President Obama asked the
Senate to confirm the two recess appointments to the NLRB. Both sides
have agreed the President is doing what is required of him by the
Constitution.
The NLRB is an essential component of worker protections available to
working men and women. The NLRB prevents and remedies unfair labor
practices by employers and labor organizations. Elimination of the NLRB
would leave millions of Americans without adequate protections.
I urge my colleagues to join my opposition to H.R. 1120 to protect
the hardworking men and women in the United States.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today in
strong opposition to H.R. 1120, the Preventing Greater Uncertainty in
Labor Management Relations Act. The 112th Congress was laden with
baseless attacks against labor unions and middle class workers. Sadly,
it appears that my Republican colleagues in Congress are working once
again to make the 113th Congress just as partisan and divisive as the
last.
H.R. 1120 is simply another attack on the rights of workers and their
ability to form unions and bargain collectively. H.R. 1120 seeks to
prevent the NLRB from carrying out its core responsibilities and will
undermine the critical ability to protect Americans from abuse and
exploitation by employers.
If enacted, H.R. 1120 would have devastating consequences for the
millions of workers belonging to unions. The NLRB issues legally-
binding decisions that protect workers who have been illegally fired,
denied the right to collectively bargain with their employer, or have
experienced any other violation of their legal rights. With the NLRB
effectively disarmed, these workers will have no recourse if any labor
law violations are committed against them.
Mr. Speaker, Republicans in Congress have repeatedly resorted to
deceitful tactics to carry out their agenda. H.R. 1120 is no different,
and is just one small part of a larger effort to dismantle the NLRB and
weaken protections for workers to the benefit of businesses. I strongly
urge my colleagues to oppose H.R. 1120, and any other partisan pieces
of legislation that also seek to undermine the rights of workers all
across America.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 146, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
motion to recommit
Mrs. BUSTOS. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Mrs. BUSTOS. I am opposed.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mrs. Bustos moves to recommit the bill (H.R. 1120) to the
Committee on Education and the Workforce with instructions to
report the bill back to the House forthwith with the
following amendment:
At the end of the bill, insert the following:
SEC. 5. PROTECTING THE EMPLOYMENT AND ELECTION RIGHTS OF
VETERANS AND THE AMERICAN WORKFORCE AGAINST
OUTSOURCING, ABUSE BY FOREIGN FIRMS, UNSAFE
WORKING CONDITIONS, AND DISCRIMINATION.
This Act shall not apply to any case or matter before the
National Labor Relations Board involving any of the
following:
(1) Any former members of the Armed Forces fired from a job
in violation of the National Labor Relations Act or the
processing of an election for representation for collective
bargaining sought by any former member of the Armed Forces.
(2) Any attempt by a U.S. employer to outsource jobs or
work overseas in violation of such Act.
(3) Any violation by an employer that is a foreign-owned
firm against the rights of American workers under such Act.
(4) Workers seeking good faith bargaining under such Act to
address issues related to health and safety, including
hazardous working conditions involving underground mines,
exposure to toxic chemicals, or explosions.
(5) Workers seeking good faith bargaining under such Act to
address discrimination based on age, sex, disability, race,
religion, or other personal characteristics.
(6) Any employer found to have violated child labor laws
during the five-year period before the case or matter
involving such employer comes before the Board.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Illinois is recognized for 5 minutes in support of her motion.
Mrs. BUSTOS. Mr. Speaker, this is the final amendment to the bill. It
will not delay or kill the bill or send it back to committee. If
adopted, the bill will proceed immediately to final passage as amended.
This past November, Illinoisans and people across our country sent a
strong, but simple, message to Congress, that the middle class needs to
be a priority, not an afterthought.
The people I talk with back home are worn out by Washington putting
politics before people. I was honored to take my oath of office in
January with a mission to be part of the solution here in Congress.
Like so many other Members of the freshman class of this session of
Congress, I ran for office to fight for the American worker and for a
stronger middle class. I believed I could make a difference, and I
still do.
The hardworking middle class people from my district in Illinois are
counting on us to remember them as we deliberate in this Chamber. That
begins with standing up against attempts to cut the legs out from
beneath American workers, which is exactly what this bill does that's
being presented today.
{time} 1130
Mr. Speaker, without the support of organized labor, my family
wouldn't be where we are today. My father-in-law, Joe, was born in a
boxcar to immigrant parents from Mexico. With just an eighth grade
education, he worked the line at John Deere Harvester Works in East
Moline, Illinois. And because of organized labor, he earned an honest
wage and benefits for his hard work. He was able to provide for his
family and make sure his four children had a better life and more
opportunities than he did.
Joe's youngest son is Gerry, my husband, who, with the help of
organized labor, has helped lift our own family to success. I'm proud
of my husband's nearly 30-year law enforcement career, and he is now
the undersheriff of Rock Island County, where I live, and the commander
of the Quad-City Bomb Squad.
I know my family story is not unique about how organized labor helped
lift us and that so many American families share this same type of
experience. Far too many people across this great Nation of ours are
still struggling but are still hopeful that, if they work hard and play
by the rules, they too can live the American Dream.
Unfortunately, the bill before us today tells American workers
they're on their own. Instead of adding certainty and stability to our
communities, this bill creates chaos and undermines decades of
progress.
[[Page H1974]]
My amendment pleads for just a morsel of common sense. It provides a
few simple but critical exceptions to the chaos that the bill otherwise
promises. It protects workers who have risked their lives for our
country on the battlefields abroad. These are heroes like Clarence
Adams, who was among the first American marines to set foot in Iraq 10
years ago.
After Clarence returned home, he tried to exercise his right to
organize at his workplace. The election was held, the union won, and
then the union busting began. Clarence and 21 of his fellow workers
were even fired at one point. He had one place to go, and that was to
turn to the National Labor Relations Board.
Voting for this bill means stripping away those rights for Clarence
and countless other brave veterans. My amendment would protect the
rights of veterans to organize in the workplace.
As far too many hardworking families across our Nation feel each day,
our economy is still healing.
I pledged to fight for the American worker, and that's a pledge I'm
committed to keeping. The middle class is stronger because of organized
labor.
If a company takes American jobs and outsources them overseas simply
to avoid the formation of a union, that must not be allowed. My
amendment would protect these jobs.
If a foreign company abuses our American workers' rights, we need a
strong NLRB to stand up for them. My amendment does this.
If American workers face dangerous working conditions that could cost
them their lives and they seek the right to organize for their own
protection, we need the NLRB to function on their behalf.
If a person faces sexual harassment at the workplace or a worker
faces racial discrimination, they should be allowed to join with their
coworkers so they can address these issues. My amendment gives these
workers a voice.
The NLRB was created to decide cases on a fair and an independent
basis and has traditionally been made up of both Republican and
Democrat Board members. It is there to fight for the rights of workers
and the middle class against the worst abuses. They are depending on
us.
I urge my colleagues on both sides of the aisle to vote ``yes'' to
put aside partisanship and begin focusing on the middle class and to
remember all those people getting up early, working hard, and playing
by the rules who deserve the same chance that my family has had to
realize the American Dream.
I yield back the balance of my time.
Mr. KLINE. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Minnesota is recognized
for 5 minutes.
Mr. KLINE. Mr. Speaker, this is an interesting political stunt.
My friends on the other side had ample opportunity, both in committee
markup and before the Rules Committee, to offer an amendment of this
nature. They did not.
It does nothing to fix the problem that we're faced with today.
Making an exception in statute that says a Board that has been ruled
unconstitutional can act any way for some people and not for others,
frankly, makes no sense.
I'll stand behind no one in my desire to protect our men and women in
uniform, those who are serving and those who have served, but that's
not what this motion to recommit is really about.
Our bill brings certainty and an impetus to our friends at the other
side of the Capitol to move the President to fix a dysfunctional
National Labor Relations Board that can address the very issues that my
colleagues have brought up.
I urge defeat of the motion to recommit and support the underlying
bill.
With that, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mrs. BUSTOS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on the motion to recommit will be followed by
5-minute votes on passage of the bill, if ordered, and approval of the
Journal.
The vote was taken by electronic device, and there were--yeas 197,
nays 229, not voting 6, as follows:
[Roll No. 100]
YEAS--197
Andrews
Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Sean
Markey
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NAYS--229
Aderholt
Alexander
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCarthy (CA)
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Pastor (AZ)
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
[[Page H1975]]
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--6
Barton
Castor (FL)
Garamendi
Maloney, Carolyn
McCaul
Ros-Lehtinen
{time} 1200
Messrs. GOSAR, BRADY of Texas, and CHAFFETZ changed their vote from
``yea'' to ``nay.''
Messrs. FATTAH, DeFAZIO, Mrs. BEATTY, Ms. LEE of California, and
Messrs. RAHALL and HUFFMAN changed their vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. ANDREWS. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 219,
noes 209, not voting 4, as follows:
[Roll No. 101]
AYES--219
Aderholt
Alexander
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly (PA)
King (IA)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McMorris Rodgers
Meadows
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (FL)
Young (IN)
NOES--209
Andrews
Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Fitzpatrick
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gibson
Grayson
Green, Al
Green, Gene
Grijalva
Grimm
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Joyce
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Sean
Markey
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKinley
McNerney
Meehan
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Reed
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
Young (AK)
NOT VOTING--4
Barton
Castor (FL)
Maloney, Carolyn
Ros-Lehtinen
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1210
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________