Congressional Record, Volume 159 Issue 111 (Tuesday, July 30, 2013)

[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.

____________________