[Congressional Record Volume 159, Number 111 (Tuesday, July 30, 2013)]
[Senate]
[Pages S6049-S6051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NOMINATION OF NANCY JEAN SCHIFFER, OF MARYLAND, TO BE A MEMBER OF THE 
                     NATIONAL LABOR RELATIONS BOARD

                                 ______
                                 

 NOMINATION OF MARK GASTON PEARCE, OF NEW YORK, TO BE A MEMBER OF THE 
                     NATIONAL LABOR RELATIONS BOARD

                                 ______
                                 

NOMINATION OF HARRY I. JOHNSON III, OF ILLINOIS, TO BE A MEMBER OF THE 
                     NATIONAL LABOR RELATIONS BOARD

                                 ______
                                 

NOMINATION OF PHILIP ANDREW MISCIMARRA, OF ILLINOIS, TO BE A MEMBER OF 
                   THE NATIONAL LABOR RELATIONS BOARD

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to consider the following nominations en bloc, which the clerk 
will report.
  The bill clerk read as follows:

       Nancy Jean Schiffer, of Maryland, to be a Member of the 
     National Labor Relations Board.
       Mark Gaston Pearce, of New York, to be a Member of the 
     National Labor Relations Board.
       Harry I. Johnson III, of Illinois, to be a Member of the 
     National Labor Relations Board.
       Philip Andrew Miscimarra, of Illinois, to be a Member of 
     the National Labor Relations Board.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, the cloture motion 
having been presented under rule XXII, the Chair directs the clerk to 
read the motion.
  The assistant bill clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the nomination of 
     Nancy Jean Schiffer, of Maryland, to be a Member of the 
     National Labor Relations Board.
         Harry Reid, Tom Harkin, Jack Reed, Sheldon Whitehouse, 
           Christopher A. Coons, Robert P. Casey, Jr., Benjamin L. 
           Cardin, Patrick J. Leahy, Joe Manchin III, Elizabeth 
           Warren, Debbie Stabenow, Carl Levin, Angus S. King, 
           Jr., Charles E. Schumer, Richard J. Durbin, Amy 
           Klobuchar, Richard Blumenthal.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate divided in the usual form prior to a vote on the 
motion to invoke cloture.

[[Page S6050]]

  Mr. HARKIN. Madam President, I ask unanimous consent the time be 
yielded back.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  By unanimous consent the mandatory quorum call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Nancy Jean Schiffer, of Maryland, to be a Member of the 
National Labor Relations Board, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from North Dakota (Ms. 
Heitkamp) is necessarily absent.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from New Jersey (Mr. Chiesa).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 65, nays 33, as follows:

                      [Rollcall Vote No. 191 Ex.]

                                YEAS--65

     Alexander
     Ayotte
     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Blunt
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Corker
     Donnelly
     Durbin
     Feinstein
     Flake
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Heinrich
     Hirono
     Johnson (SD)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     Markey
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Murray
     Nelson
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--33

     Barrasso
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Lee
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter

                             NOT VOTING--2

     Chiesa
     Heitkamp
  The PRESIDING OFFICER. The yeas are 65, the nays are 33. Three-fifths 
of the Senators duly chosen and sworn having voted in the affirmative, 
the motion is agreed to.
  The majority leader.
  Mr. REID. Madam President, we have three 10-minute votes. We have a 
5-minute penalty time, and we need to start wrapping up these votes. 
The first vote took 30 minutes, so let's try to stick to what we said 
we would do. There are Senators who wait around here, so it is not fair 
to them. As soon as we get enough votes, we will move on. We are moving 
on whether everyone is here or not.
  The PRESIDING OFFICER. Under the previous order, all postcloture time 
is yielded back and the question is, Will the Senate advise and consent 
to the nomination of Nancy Jean Schiffer, of Maryland, to be a member 
of the National Labor Relations Board?
  Mr. REID. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from North Dakota (Ms. 
Heitkamp) is necessarily absent.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from New Jersey (Mr. Chiesa).
  Further, if present and voting, the Senator from New Jersey (Mr. 
Chiesa) would have voted ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 54, nays 44, as follows:

                      [Rollcall Vote No. 192 Ex.]

                                YEAS--54

     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heinrich
     Hirono
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     Markey
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Murray
     Nelson
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--44

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Lee
     McCain
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--2

       Chiesa
     Heitkamp
  The nomination was confirmed.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, and pursuant to rule 
XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will state.
  The assistant bill clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the nomination of 
     Mark Gaston Pearce, of New York, to be a Member of the 
     National Labor Relations Board.
         Harry Reid, Tom Harkin, Jack Reed, Sheldon Whitehouse, 
           Christopher A. Coons, Robert P. Casey, Jr., Benjamin L. 
           Cardin, Patrick J. Leahy, Joe Manchin III, Elizabeth 
           Warren, Debbie Stabenow, Carl Levin, Angus S. King, 
           Jr., Charles E. Schumer, Richard J. Durbin, Amy 
           Klobuchar, Richard Blumenthal.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided in the usual form prior to a vote on 
the motion to invoke cloture on the Pearce nomination.
  The Senator from Iowa.
  Mr. HARKIN. Madam President, I ask unanimous consent that all time be 
yielded back.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  By unanimous consent, the mandatory quorum call is waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Mark Gaston Pearce, of New York, to be a Member of the 
National Labor Relations Board for the term of 5 years expiring August 
27, 2018, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from North Dakota (Ms. 
Heitkamp) is necessarily absent.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from New Jersey (Mr. Chiesa).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 69, nays 29, as follows:

                      [Rollcall Vote No. 193 Ex.]

                                YEAS--69

     Alexander
     Ayotte
     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Blunt
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Collins
     Coons
     Corker
     Donnelly
     Durbin
     Feinstein
     Flake
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Heinrich
     Hirono
     Isakson
     Johnson (SD)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     Markey
     McCain
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Murray
     Nelson
     Portman
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--29

     Barrasso
     Boozman
     Burr
     Coats
     Coburn
     Cochran
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Johanns
     Johnson (WI)
     Lee
     McConnell
     Moran
     Paul
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Vitter

[[Page S6051]]



                             NOT VOTING--2

     Chiesa
     Heitkamp
  The PRESIDING OFFICER. On this vote, the yeas are 69, the nays are 
29. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  Under the previous order, all postcloture time is yielded back and 
the question occurs on the Pearce nomination.
  Mr. WHITEHOUSE. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Mark Gaston Pearce, of New York, to be a Member of the National 
Labor Relations Board?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from North Dakota (Ms. 
Heitkamp) and the Senator from Nevada (Mr. Reid), are necessarily 
absent.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from New Jersey (Mr. Chiesa).
  Further, if present and voting, the Senator from New Jersey (Mr. 
Chiesa) would have voted ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 59, nays 38, as follows:

                      [Rollcall Vote No. 194 Ex.]

                                YEAS--59

     Alexander
     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Collins
     Coons
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heinrich
     Hirono
     Isakson
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     Markey
     McCain
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Murray
     Nelson
     Portman
     Pryor
     Reed
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--38

     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Coats
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Johanns
     Johnson (WI)
     Kirk
     Lee
     McConnell
     Moran
     Paul
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--3

     Chiesa
     Heitkamp
     Reid
  The nomination was confirmed.


               Vote on Nomination of Harry I. Johnson III

  The PRESIDING OFFICER. Under the previous order, the question is, 
Will the Senate advise and consent to the nomination of Harry I. 
Johnson III, of Virginia, to be a Member of the National Labor 
Relations Board?
  The nomination was confirmed.


             Vote on Nomination of Philip Andrew Miscimarra

  The PRESIDING OFFICER. Under the previous order, the question is, 
Will the Senate advise and consent to the nomination of Philip Andrew 
Miscimarra, of Illinois, to be a Member of the National Labor Relations 
Board?
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are considered made and laid upon the table, and the 
President will be immediately notified of the Senate's action.

                          ____________________