[Congressional Record Volume 164, Number 19 (Monday, January 29, 2018)]
[House]
[Pages H661-H671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2015
                        A THREAT TO LABOR UNIONS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 3, 2017, the gentleman from Georgia (Mr. David Scott) is 
recognized for 60 minutes as the designee of the minority leader.


                             General Leave

  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I ask unanimous consent that 
all Members have 5 legislative days to revise and extend their remarks 
and to include any extraneous material on the subject of this Special 
Order.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, it is with great honor that 
I stand to anchor this special hour because this Nation is faced with a 
very serious threat. As a matter of fact, it is a devious threat to the 
labor unions, our great labor unions that have played a most 
fundamental role in establishing the greatness of the economy of our 
great Nation.
  Mr. Speaker, this evening, first I want to thank the chairman of the 
Congressional Black Caucus, Mr. Cedric Richmond from Louisiana, for his 
great leadership. I appreciate him giving me this opportunity to anchor 
this special hour.
  Mr. Speaker, I also want to thank the staffs of the CBC, Ms. Caren 
Street, who has worked very closely with my staffer, Ms. Seema Ibrahim, 
who has done a remarkable job.
  Our whole team of many Congressmen from every sector of this country, 
every part of this country, is going to come before this House of 
Representatives in these next 60 minutes to explain and expose to the 
American people two important things.
  First of all, we want to illustrate our deep understanding of the 
great value of the labor unions to this great country.
  We also want to expose the great threat that is now being faced by 
our labor unions. The first group of our labor unions that is facing 
this threat are the public sector unions, most pointedly because in a 
matter of a few weeks, the Supreme Court will take up a case, Janus v. 
AFSCME.
  This Janus case is designed to remove what has already been 
established as the constitutionality of public service unions to be 
able to mandate fees and dues for their membership, which will be a 
catastrophic threat to the survival of these unions. So we want to 
explain that. We want to also share the greatness of this. So this is 
where we are.
  I want to ask those who are listening over C-SPAN tonight all across 
this country to call a neighbor, call a friend, tell them to tune in 
and listen to these Members of Congress pour out the truth about what 
is at stake with this Janus court case that will be coming up before 
the Supreme Court.
  The first union that will be dealt with is AFSCME, but it is far more 
than just AFSCME. It is the public sector unions that will be ruled as 
to whether it is constitutional or not for them to have dues to be able 
to play.
  This case comes from an individual, Mr. Janus, in Illinois who 
disagreed with political endorsements.
  What is important to understand going forward, Mr. Speaker, is that 
the constitutionality has already been upheld.
  On top of that, if there is any union member who does not agree with 
those political endorsements, he has a right to get a financial rebate 
for that part of the dues that will go to political endorsements.
  So if Mr. Janus' concerns have been dealt with, then why this case?
  That is the Achilles' heel that will prove the deviousness of what is 
before us.
  Mr. Speaker, it is with great pleasure that I bring on our first 
speaker. This gentleman, Representative Bobby Scott, is the ranking 
member of our Education and the Workforce Committee. On top of that, he 
is a fierce fighter for working families and he is a leader in making 
sure that labor unions will continue to have the rights that they 
fought so hard for.
  Mr. Speaker, I yield to the gentleman from Virginia (Mr. Scott).
  Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentleman for 
yielding.
  Mr. Speaker, unions empower workers with the freedom to negotiate for 
a fair return on their work and they provide a collective voice to 
advocate for policies that benefit working people.
  Union workers, including those in the public sector, have more access 
to paid leave, medical and retirement benefits, and higher pay than 
workers who are not unionized. Children of union members experience 
more upward mobility than children of workers who are not covered with 
union contracts, and States with higher union density have stronger 
workplace protections.
  There is a long history of unions helping the least powerful secure 
dignity on the job. This is the 50th anniversary of the Memphis 
sanitation workers' strike in 1968. After two workers were crushed in 
garbage compactors, the Memphis sanitation workers peacefully protested 
for better pay and safer working conditions. They sought representation 
from the American Federation of State, County, and Municipal Employees, 
or AFSCME. They marched with placards that simply stated: ``I am a 
man.''
  Dr. Martin Luther King, Jr., long recognized that the fight for civil 
rights was fundamentally linked to economic justice and he gave his 
last public address before his assassination on behalf of these 
workers.
  Despite police brutality and the deployment of 4,000 National 
Guardsmen, the strike was ultimately successful and AFSCME negotiated 
higher wages and safer conditions.
  The unions representing the workers in the public sector continue to 
empower our workers and communities today. Just this month, when 
temperatures plunged to dangerous lows, the Baltimore Teachers Union 
fought for children who were forced to bundle up in coats and hats in 
their own classrooms because there was no heat in their schools.

  Around the country, the SEIU represented hundreds of thousands of 
healthcare workers who provide in-home healthcare for our Nation's 
elderly and disabled. In many States, these workers are State 
employees, and the unions play a crucial role in bargaining for better 
wages, better training, and in advocating for increased Medicaid 
funding so they can deliver services to the disabled and the elderly.
  Despite the great work these unions have done on behalf of working 
people, they are constantly under attack by corporate interests 
determined to cripple the labor movement, and we know why.
  Big corporations and the top 1 percent have rigged our economy 
against working people. They have gamed the system, including our tax 
laws, to redistribute wealth to a select few. They have starved our 
economy of investments in education, infrastructure, and housing.

[[Page H662]]

  The campaign to weaken unions has contributed to extreme income 
inequality and wage stagnation, as smaller and smaller shares of 
corporate earnings are paid in wages.
  The latest of these attacks is happening in the Supreme Court. On 
February 26, the Court will hear oral arguments in Janus v. AFSCME, 
Council 31, on the question of whether or not to overturn 40 years of 
precedence affirming the principle that public employees who choose not 
to join a union may be required to pay a fair share fee to cover the 
costs of collective bargaining and contract enforcement.
  In 1977, the Supreme Court ruled in Abood v. Detroit Board of 
Education that fair share States may authorize the payment of fair 
share fees to support unions' collective bargaining on behalf of 
employees. The Court found that the fair share fees are constitutional 
under the First Amendment because they support collective bargaining, 
not political activities.
  This practice fosters States' interests in preventing labor disputes, 
cures the free rider problem of employees benefiting from union 
representation while shifting the costs to their coworkers, and 
improves the delivery of services by State and local governments.
  In Janus, the plaintiffs want to overturn laws in 23 States and the 
District of Columbia that now require public sector workers who decide 
not to be members of the union to pay a fair share fee. These workers 
enjoy all of the benefits of the union: higher wages, safer workplaces, 
effective grievance procedures.
  In these fair share States today, public and private employees who do 
not want to join a union may be required to pay their fair share for 
expenses for services required by law, not political, but the services 
required by law to benefit all workers.
  Janus seeks to overturn that law and allow people to benefit from all 
of those services without paying their fair share.
  The challenge to the long-serving precedence is the latest move by 
corporate interests to weaponize the First Amendment against working 
people. We have seen it before in Citizens United, which used freedom 
of speech in the First Amendment to justify virtually unlimited 
corporate contributions to political campaigns.
  Here in the House of Representatives, we frequently see similar 
antiunion attacks dedicated to weakening the labor movement's ability 
to function as an advocate for working people and as a counterweight to 
corporate power.
  Whether in the Supreme Court or here in Congress, the campaign to 
weaken unions is a campaign to strip workers of their most basic 
protections. This is why it is crucial for Congress to defend against 
any attacks to undermine workers' freedom to negotiate for better wages 
and better working conditions.
  Mr. Speaker, I thank the gentleman from Georgia for organizing this 
Special Order.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I thank the gentleman for 
his comments.
  It is very important, as he has mentioned, to note that we are 
talking about not just AFSCME, as I said, but we are talking about 
nurses unions, educators, the teachers that teach our children, our 
police, firefighters, everyone. It is very important that the people of 
this country really get informed about this.
  Mr. Speaker, I yield to the gentleman from Pennsylvania, 
Representative Dwight Evans, who normally anchors this hour and does a 
great job.
  Mr. EVANS. Mr. Speaker, I thank the gentleman from the great State of 
Georgia for introducing me and for this opportunity to talk about an 
important Supreme Court case, Janus v. AFSCME, Council 31, and the 
importance of our unions.
  Our unions give us much to celebrate in our neighborhoods nationwide.
  As we know all too well, this case stands to destabilize collective 
bargaining rights within the public sector. This is clearly an attack 
on freedom and liberties of hardworking Americans.
  We are in the business of doing no harm. That is what we should be.
  All that this case aims to do is take away the rights of the ability 
of hardworking Americans to have a strong voice in their workplace. 
That is just not right.
  Next month, the Supreme Court will hear the oral arguments in this 
case to determine whether fair share fees violate the First Amendment 
rights of workers.
  When it comes to this case, a negative decision for our unions 
nationwide would take us in the wrong direction.
  Across the country, more than half of African-American workers and 
nearly 60 percent of Latino workers are paid less than $15 per hour. 
Union jobs have historically been, and continue to be, a path to the 
middle class for people of color, who often face low-wage jobs.
  African-American union members today earn 14.7 percent more and 
Latino workers earn 21.8 percent more than their nonunion counterparts. 
In some sections, the difference is even greater.
  African-American women in unions earn an average of $21.90 an hour, 
while nonunion workers earn $17.04.

                              {time}  2030

  In addition, there are more than 72 percent of women in unions who 
have health insurance, while less than 50 percent of nonunion African-
American women do not.
  Our unions are a key road to our growing middle class, especially for 
women and communities of color. Nationwide, our unions continue to be 
on the frontline of fighting for higher pay, fair wages, safer working 
conditions, and better hours to provide for themselves and their 
families.
  I will continue to stand on the frontline of protecting rights for 
all hardworking Americans. It is up to us to lift up unions in all of 
our communities.
  Mr. Speaker, I thank the gentleman from Georgia for leading this 
caucus in this need.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I yield to the gentleman 
from Illinois (Mr. Danny K. Davis), a leader and a fighter from the 
very State where Mr. Janus is from.
  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I thank my colleague for 
anchoring this session, and all of those who have come to join in it.
  I read someplace the other day where there are three men in this 
country who own as much of the wealth as 50 percent of all the poorest 
people in this country. If it were not for organized labor, not for 
unions, and the influence, millions of individuals who are middle class 
would be working at peon wages. Individuals would not be able to send 
their children to college, wouldn't be able to own an automobile or a 
home. So we can never undermine or not understand the value of 
organization.
  Many of us in this room enjoy the support of organized labor. You 
have got to get resources from somewhere. You have got to get money in 
order to function.
  If you cannot match what the big megabucks individuals can give to 
maintain control of our society, how do you expect to change it?
  So I am simply pleased to join with my colleagues and suggest that 
nothing is more important in the distribution and redistribution of the 
wealth of this country than organized labor.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I am so pleased that the 
gentleman mentioned the important fact of the fantastic role that labor 
has played. Without organized labor, there would be no middle class in 
America. There would be no 40-hour workweek. Child labor laws would not 
be on the books.
  The role that organized labor has played cannot be communicated 
better than our next speaker, the gentlewoman from California (Ms. 
Lee), who is a legend in standing up and fighting for working people 
and labor unions. I yield to the gentlewoman from California (Ms. Lee).
  Ms. LEE. Mr. Speaker, I thank the gentleman from Georgia for yielding 
and for that gracious introduction, but, more importantly, for his 
magnificent leadership and for constantly looking out for working men 
and women throughout the country. I also thank him very much for 
bringing us together this evening to discuss the Supreme Court case, 
Janus v. AFSCME.
  Mr. Speaker, as we remember the man and the movement which 
transformed the soul of America, we must never forget that Dr. Martin 
Luther

[[Page H663]]

King, Jr., fought for economic justice and workers' rights.
  A few months before Dr. King's assassination, two young African-
American workers were crushed to death by a faulty truck in Memphis. 
The American Federation of State, County and Municipal Employees--
AFSCME--union members went on strike, and Dr. King was right there with 
them, leading and lending his support.
  In a speech to the sanitation workers on strike, Dr. King explained 
why he was there. He said: ``Now our struggle is for genuine equality, 
which means economic equality. For we know that it isn't enough to 
integrate lunch counters. What does it profit a man to be able to eat 
at an integrated lunch counter if he doesn't earn enough money to buy a 
hamburger . . . ?''
  Now, 50 years after Dr. King's tragic assassination after standing up 
for economic justice and fighting to end poverty, the Supreme Court is 
taking up a case that would gut union rights.
  Make no mistake, the Supreme Court case, Janus v. AFSCME, is a 
political scheme to further endanger the rights of working people. This 
case is yet another attempt by billionaires and corporations to stop 
working people from joining unions altogether. This case will gut the 
very protections that are the fabric of our society, and that is our 
unions.
  More than 16 million people are represented by a union, from 
teachers, firefighters, and nurses, to postal workers, and many more. 
Unions help improve lives. They increase wages. They lift families out 
of poverty. They fight for safe working conditions and well-deserved 
benefits.
  Unions are especially critical to communities of color. For too long, 
African Americans have been locked out of wage increases because of 
discriminatory practices. But for African Americans who do join unions, 
they earn 15 percent more than their nonunion counterparts. African-
American women, in particular, earn an average of $22 an hour compared 
to $17 an hour in a nonunion job, and those wages make a huge 
difference for families.
  Plain and simple, unions provide a path to the American Dream and the 
middle class for working people.
  Unfortunately, as union membership has decreased because of attacks 
on working people, income inequality has risen. From 1973 to 2007, as 
more States started forcing working people off of unions, income 
inequality rose by one-third. That is shameful.
  So, Mr. Speaker, the Janus case before the Supreme Court now 
threatens the economic security of families all across the country. 
This case will go against what the American public wants. More than 
three in five Americans know the importance of labor unions, yet here 
we are having to defend their very existence. This is outrageous.
  So we must ensure that working people, people of color, everyone, 
continue to have the right to join a union. It is the right thing for 
our economy. It is the right thing for our communities.

  Mr. Speaker, I thank the gentleman from Georgia for leading this very 
important Special Order tonight.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, it is so right that the 
gentlewoman from California (Ms. Lee) mentioned Dr. Martin Luther King, 
Jr., because this year is the 50th anniversary of his assassination. 
And what was he doing?
  As you pointed out, he was in Memphis helping the garbage workers. It 
was Local 1733 that had just got their charter. And when the threats 
were out about him, they wanted him to leave. He said: ``No. I don't 
know what would happen. We have got some difficult days ahead, but I 
just want to do God's will.''
  Mr. Speaker, that is what we are doing here tonight.
  Mr. Speaker, it is with great pleasure that I yield to the gentleman 
from Missouri (Mr. Cleaver), a dear friend, a leader in the fight for 
unions and working people who loves this Nation immensely, and who 
works with me on the Financial Services Committee.
  Mr. CLEAVER. Mr. Speaker, I thank the gentleman from Georgia for 
yielding. He has pulled us together. Those of us who have been able to 
work with him over the years, as I have--13 years on the committee--we 
appreciate the gentleman's work from Georgia's 13th District.
  Mr. Speaker, my colleagues have already very eloquently reminded you 
of the significance, the history, and the benefits of unions. I want to 
talk to you about the power of unions, the power to effect change in 
the workforce.
  Next month, the U.S. Supreme Court will hear arguments in Janus v. 
AFSCME. This will decide whether workers can receive all the benefits 
of a union contract without contributing any funding in return. We call 
them fair share fees.
  Unions work because the workers pay their fair share, and they all 
benefit from what is negotiated. Each worker chooses whether or not to 
join a union, but the union is still required by law to represent and 
negotiate on behalf of all of the workers. Some people want to see an 
end to that, which is why this case is headed to the U.S. Supreme 
Court. A negative decision could reverse a 40-year unanimous precedent 
supporting State's rights.
  Now, I want to say that I believe in the power of unions. It allows 
employees a voice when some of them feel that they have been silenced. 
When they can't speak and ask for increased wages or a safe working 
environment for fear of retaliation, the unions speak. The unions are 
their voices and they demand fair and reasonable working conditions.
  We saw that power in 1970 during the Postal Workers' strike. Workers 
had had enough. And as the gentleman from Georgia mentioned earlier, we 
saw that power during the Memphis Sanitation Workers' strike. Workers 
were willing to sacrifice their lives.
  The Reverend James Lawson, a good friend of mine, was a United 
Methodist pastor in Memphis at the time. He made a phone call to a man 
he had met about 10 years earlier. Jim Lawson had just gotten out of 
prison for refusing to go to Korea. Jim Lawson met Martin Luther King 
after he got out of prison. They both ended up in India, studying under 
Gandhi.
  Jim Lawson realized that Martin Luther King had started this 
organization with four others called the Southern Christian Leadership 
Conference, so he called him and said: ``Would you come to Memphis? We 
need you to help with this sanitation workers' strike.''
  It is little known that when Dr. King tried to get the SCLC board to 
vote to come to Memphis, they were not in support. Dr. King struggled 
around a couple of days by himself, and then let everybody know on the 
board he was going to go by himself. That, of course, changed everybody 
else's minds and they joined him in Memphis.
  We all know what happened to Martin Luther King, Jr., when he went to 
Memphis. He was killed on the balcony of the Lorraine Motel. He 
sacrificed his life for workers, the people who built this country.
  I owe my ``middle classness'' to my maternal and my paternal 
grandfathers. Both of them worked for the Southern Pacific Railroad and 
became members of a union and earned enough money to buy a house.
  In my little town where I was born, Waxahachie, Texas, an African 
American owning his own home, not a shanty?
  So it inspired his three boys, one of which was my father, to raise 
his four kids in a middle class way. We all went off to college. We owe 
that not only to the ingenuity of my grandfather and my parents, but 
also to the unions.
  So I will support unions as long as I can. Long after I am out of 
Congress, I intend to support unions because they have power to change 
lives. I am an example.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I thank Reverend Cleaver for 
his comments.
  Mr. Speaker, there are 7.1 million members of just the public sector 
unions. Thirty-four percent of all of the employees in public service 
belong to unions, and this Supreme Court case would be devastating to 
these 7.1 million families.
  Mr. Speaker, it is with great pleasure that I yield to the 
gentlewoman from New York (Ms. Clarke), who serves on the very 
influential Energy and Commerce Committee.
  Ms. CLARKE of New York. Mr. Speaker, I thank my colleague, the 
gentleman from Georgia, for anchoring this very important Special Order 
this evening.
  Mr. Speaker, I rise in solidarity with my colleagues in this very 
important

[[Page H664]]

discussion about fair share fees for union workers.

                              {time}  2045

  In 1977, the Supreme Court, in Abood v. Detroit Board of Education, 
decided that fair share fees were constitutional, full stop. This 
decision allowed unions to be paid fair share fees by nonunion members 
in order to negotiate on their behalf.
  Fair share fees have become increasingly significant and important, 
as unions continue to fight for worker protections in the workplace.
  Now, 40 years later, the Supreme Court is poised to hear this issue 
yet again in Janus v. AFSCME.
  So what has changed? What has changed?
  Mr. Speaker, I am deeply concerned that this is yet another attempt 
to put big business above working people and weaken organized labor as 
effective representatives for the working class.
  I, therefore, ask the Court to be thoughtful. I ask that they think 
of the consequences that will follow by reversing this law. I ask the 
Court not to be used as pawns by the Republican conservatives, 
millionaires and billionaires, to weaken organized labor and unions of 
the 21st century.
  If it were not for organized labor, many of us would not be standing 
here representing our constituents today. My mother was a member of DC 
37, a part of AFSCME, and it was through her labor union, her local, 
that she was able to put money aside for my brother and me to go to 
college, to make sure that our healthcare was taken care of.
  And here we are in the wealthiest Nation in the world where 
millionaires and billionaires are lining their pockets with profits, 
and, at the same time, we have workers who are before the Supreme Court 
just seeking dignity to be organized through labor and labor unions.
  This is a time for all Americans to remember their roots. Organized 
labor is part of the bedrock of this Nation. It is my hope that the 
Supreme Court will remember that in their deliberations.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, it was so good of the 
gentlewoman to mention the why in all of this because, Mr. Speaker, in 
1977, 41 years ago, in the Abood v. Detroit Board of Education, it was 
ruled constitutional, and now they want to come back 41 years later and 
say it is not constitutional. That is the big why we are going to get 
to answer as we move with these great speeches from our Members from 
across the country.
  Mr. Speaker, I yield to the gentleman from Minnesota (Mr. Ellison), a 
tireless fighter for working people, who is also the vice chairman of 
our Congressional Progressive Caucus as well as the vice chairman of 
our Democratic National Committee and a good friend. We work together 
on the Financial Services Committee.
  Mr. ELLISON. Mr. Speaker and Members, it is important to understand 
the big picture here.
  When the Supreme Court takes up Janus, yes, they are going to be 
talking about fair share. Is it legal, is it constitutional, for 
someone to benefit from being represented by a labor union that has to 
fight for them and then still not have to pay anything to help at all. 
That will be the question before the Court.
  But that is just a very small part of what is really going on. What 
is really going on, Mr. Speaker, is that we see the deconstruction of 
the American middle class. The question is: Will America be a land of 
opportunity; or will it be a land of stagnation where you can work as 
hard as you want to, but you are never going to be able to make enough 
to really make it?
  What is going on here, Mr. Speaker, is that the conservative movement 
in our country is trying to break the link between hard work and 
prosperity as they rifle money and channel it to the very richest among 
us, and working people just have to hope for the best and work hard 
just to get back to work for whatever they can scrape together.
  Because at the end of the day, labor unions have given workers a 
voice which has helped create the great American middle class. The 
lightbulb and the semiconductor are not the great inventions of 
America. They are great inventions, but the greatest invention of the 
United States of America is this big, giant middle class which you can 
work hard and get into.
  This is what is under threat. This is what we are fighting to uphold 
tonight.
  Now, Janus is a decision that takes place within the context of other 
decisions. Let us not forget Shelby County, a case which attacked our 
right to vote. Let's not forget Citizens United, a case which says 
corporations are people and they can spend as much money on elections 
as they choose. Let's not forget these tax cuts passed just about a few 
weeks ago which rifle money to the richest among us and undermine 
American workers.
  We are in the middle of a battle over whether or not the United 
States will continue to be a place where hard work pays. That is what 
this fight is about. And that, Mr. Speaker, is what we invite everyone 
to understand the union difference. If you are Black, being in a union 
means you are going to make more money than other folks. If you are a 
woman, it will mean the same thing. If you are a veteran, it will mean 
the same thing. Unions have always done more for the people who are in 
them, and we want to get more people in unions, not fewer.
  The attack that we see tonight in the form of this Janus v. AFSCME is 
an attack on that union advantage. But unions have helped everybody, 
Mr. Speaker. If you look at wage stagnation in America, what you see 
since World War II, right up until the 1970s, is pay going up and up 
and up for working people until we see union density begin to break 
down, and it is at that point that we begin to see wages flatten out 
and stagnate.
  Unions create not just good pay and good benefits for their workers, 
but they actually create benefits for all workers because unions create 
the wage floor and lift up all boats.
  Mr. Speaker, let me say that this is African American History Month 
only a few days away beginning in February. We must remember people 
like A. Philip Randolph, who was not only a union leader, he was a 
civil rights leader. We can't forget about E. D. Nixon, who helped 
start the Montgomery Bus Boycott, which led to the beginning of the 
modern American civil rights movement. And let us not forget our 
beloved Martin Luther King, whose birthday we celebrated a few days 
ago, and who we will recognize the 50th anniversary of his 
assassination this year, died fighting for workers of the American 
Federation of State, County and Municipal Workers, who is one of the 
litigants in this case, the Janus case.

  So I want to say, if you care about income inequality, if you care 
about prosperity for working people, you have got to get on the side of 
fighting against this Janus decision. This is what is going on.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I thank Mr. Ellison for his 
comments. Well done.
  Mr. Speaker, I yield to the distinguished gentleman from Texas (Ms. 
Jackson Lee). And you talk about a fearless fighter, Mr. Speaker, Ms. 
Sheila Jackson Lee.
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman from Georgia for 
his leadership in galvanizing all of us, and I thank my colleagues for 
very eloquent messages on the floor of the House regarding Janus v. 
AFSCME Council 31.
  Let me acknowledge Lee Saunders and the AFSCME family, who have been 
champions in fighting for the rights of all labor, and that is why we 
are on the floor of the House today, because we wanted to, in our way 
as legislators, join in this magnificent fight for constitutional 
rights of the First Amendment.
  And let me take issue with the 1977 Supreme Court case Abood v. 
Detroit Board of Education and turn the Fourth Amendment back to 
supporting those workers who, in fact, want to associate and 
participate in unions.
  Let me also thank my colleague Chairman Richmond of the Congressional 
Black Caucus for galvanizing us as well in this effort.
  We offered a resolution to honor Echol Cole and Robert Walker. On 
February 1, 1968, it will be 50 years that these two sanitation workers 
in Memphis were killed in a horrific accident when the compactor on 
their sanitation truck malfunctioned. The key is that these individuals 
had no rights, no benefits. They had no death benefits. They had no 
protection for their families. They had nothing. And that is why this 
Supreme Court decision is so crucial and why I hope that the Supreme

[[Page H665]]

Court of the United States will rule in favor of AFSCME against this 
wrongheaded approach to those who are trying to speak on behalf of 
those who support the rights of workers.
  The Supreme Court cases did the flip of the First Amendment and 
suggested that the First Amendment of those who disapproved unions was 
being violated. I believe that the Supreme Court got it completely 
wrong and that the First Amendment rights of those who move positively 
to be part of a union could be argued vigorously that their rights are 
being violated. Not only their rights are being violated, but their 
rights to have a liveable wage and to work in a safe and protected 
workforce and workplace. That is what I think the real question is as 
to why those who want to be in a union must be defeated by the 
constitutional premise of the First Amendment.
  My First Amendment is to join the union and to secure the rights and 
benefits of those. I hope that the Supreme Court will look to the fact 
that union members who desire to have fees selected and utilized for 
the union deducted from their salary have every much a right to the 
First Amendment. You can opt out, but you should not deny those members 
the right to the First Amendment to have their voices heard.
  In particular, it is important to note the benefits that have come 
about to the African-American community. And that is the African-
American community has seen increasing wages. African-American union 
workers earn up to $10,000 or 31 percent more a year than nonunion 
workers. In 2011, nearly 20 percent of employed African Americans 
worked for the State, local, or Federal Government compared to 14 
percent of other groups. And African Americans are less likely than 
other groups to work in the private sector.
  So let me say this about why I stand here to support the unions and 
their right to the First Amendment to deduct fees to be able to express 
their rights. Let me just quickly say as I close: Do you know among the 
many things that unions have helped us get are weekends, all breaks at 
work, paid vacations, family medical leave, sick leave, Social 
Security, minimum wage, civil rights, overtime, child labor laws, and 
workman's comp?
  Mr. Speaker, I believe that this is an important discussion because 
so many good elements of saving lives, so much so that those dear 
sanitation workers would not have lost their life, came about from the 
sacrifice of unions, and we should provide them with the First 
Amendment right.
  Let me salute Clara Caldwell who will be honored by our union 
brothers and sisters in Austin, Texas, and let me say the right thing 
for the Supreme Court to do is rule on behalf of the unions and their 
rights to the First Amendment.
  Mr. Speaker, I include in the Record points about African Americans 
and Labor Unions, facts about Janus v. AFSCME Council 31, and 36 
reasons to thank the union movement.

                   African Americans and Labor Unions

       1. Historically, the path to the middle class for African 
     Americans was through a union job.
       2. African-American workers are more likely to be union 
     members.
       3. Unionized workers promote greater income equality and 
     prevent wage discrimination.
       4. African American union workers earn up to $10,000 or 31% 
     more per year than non-union members.
       7. Few African Americans are self-employed--only 3.8% 
     reported being self-employed in 2011--making them almost half 
     as likely to be self-employed as Whites (7.2%).
       8. Unionized workers are more likely to receive paid leave, 
     more likely to have employer-provided health insurance, and 
     are more likely to be in employer-provided pension plans.
       9. Unions play a pivotal role by ensuring workers have 
     continued educational access for their current roles as well 
     as encourage workers to pursue higher education.
       10. Nationally, 77 percent of union employees in 2009 were 
     covered by pension plans that provide a guaranteed monthly 
     retirement income. Only 20 percent of non-union workers are 
     covered by guaranteed (defined-benefit) pensions 20%.
       11. Union workers are 53.9% more likely to have employer-
     provided pensions.
       12. When unions are strong and able to represent the people 
     who want to join them, these gains spread throughout the 
     economy and the overall community.
       13. Workers who form unions are able to boost wages, which 
     helps attract and retain staff.
       14. When non-union companies increase their wages, it gives 
     all workers more purchasing power.
       15. Communities with a strong middle class have sufficient 
     tax revenues to support schools, hospitals and roads.
       16. Historically, pensions, social security and personal 
     savings ensured that workers could retire with dignity.
       17. With the current recession and the attack on pensions, 
     many workers are left to depend on social security and their 
     personal savings alone.
       18. Many African American elders find themselves in a 
     precarious situation after decades of work.
       19. Union members played a critical role in the civil 
     rights struggles of the past and that involvement continues 
     today.
       20. When Martin Luther King Jr. was jailed for civil 
     disobedience, unions and union members frequently came to his 
     aid with the legal and financial help he needed.
       21. Philip Randolph and Bayard Rustin both union leaders 
     help to organize the March on Washington in 1963 and in 
     countless cities around the country.
       22. Martin Luther King Jr. was shot and killed while in 
     Memphis to aid striking sanitation workers.
       23. Today, labor unions are still on the forefront of 
     efforts to ensure that the gains of the past are maintained 
     and to fight for those still denied opportunity and equality.

         Facts About Janus v. AFSCME Council 31--Source: AFSCME

       Facts of the Case
       In 1977, the Supreme Court, in Abood v. Detroit Board of 
     Education, upheld against a First Amendment challenge a 
     Michigan law that allowed a public employer whose employees 
     were represented by a union to require those of its employees 
     who did not join the union nevertheless to pay fees to it 
     because they benefited from the union's collective bargaining 
     agreement with the employer.
       Illinois has a law similar to that upheld in Michigan. The 
     governor of Illinois brought a lawsuit challenging the law on 
     the ground that the statute violates the First Amendment by 
     compelling employees who disapprove of the union to 
     contribute money to it. The district court dismissed the 
     complaint on the grounds that the governor lacked standing to 
     sue because he did not stand to suffer injury from the law, 
     but two public employees intervened in the action to seek 
     that Abood be overturned. Given that Abood is binding on 
     lower courts, the district court dismissed the claim, and the 
     Seventh Circuit affirmed dismissal for the same reason.
       Legal Question Presented:
       Should the Court's decision in Abood v. Detroit Board of 
     Education should be overturned so that public employees who 
     do not belong to a union cannot be required to pay a fee to 
     cover the union's costs to negotiate a contract that applies 
     to all public employees, including those who are not union 
     members?
       Janus v. AFSCME Council 31 threatens our union and all 
     working families. This case, which will come before the 
     Supreme Court in February, represents a huge threat to our 
     union. As a local leader, you are critical to how we defend 
     and protect our union, our members and public services in the 
     face of this threat.
       This lawsuit aims to take away the freedom of working 
     people to join together in strong unions to speak up for 
     themselves and their communities. In February, the U.S. 
     Supreme Court will hear the case and a decision is expected 
     by the summer.
       What are fair share fees, and why are they important?
       Unions work because we all pay our fair share and we all 
     benefit from what we negotiate together. Fair share fees 
     provide public service workers with the power in numbers they 
     need to negotiate better wages, benefits and protections that 
     improve work conditions and set standards for everyone.
       Each public service worker chooses whether or not to join a 
     union, but the union is still required by law to represent 
     and negotiate on behalf of all public service workers--
     members and non-members alike. All employees receive the wage 
     increases, benefits and workplace rights negotiated through 
     the union.
       The corporate special interests behind this case want to 
     take away our ability to build strength in numbers. That is 
     why they want the Supreme Court to rule that workers can 
     receive all the benefits of a union contract without 
     contributing anything in return. All workers should chip in 
     their fair share to cover the cost of representing them.
       Is anyone ever forced to join a union or pay for politics?
       No. The simple truth is that no one is forced to join a 
     union and no one is forced to pay any fees that go to 
     politics or political candidates. That is already the law of 
     the land. Nothing in this case will change that. This case is 
     about taking away the freedom of working people to join 
     together, speak up for each other and build a better life for 
     themselves and their families by undermining their ability to 
     form strong unions.
       What is the real impact of this case?
       When working people have the freedom and opportunity to 
     speak up together through unions, we make progress together 
     that benefits everyone. The wealthy elite behind this case 
     are trying to use the highest court in the land to take away 
     our freedom to create the power in numbers to secure better 
     lives

[[Page H666]]

     for ourselves, our families, our communities and our country 
     by undermining our ability to form strong unions.
       If fair share fees are struck down, employees who benefit 
     from the gains that the union makes will not have to pay 
     anything toward the cost of that representation. If the 
     billionaires and corporate CEOs behind this case get their 
     way, they will take away the freedom of working people to 
     come together and build power to fight for the things our 
     families and communities need: everything from affordable 
     health care and retirement security to quicker medical 
     emergency response times.
       What is this case really about?
       The case aims to erode the freedom to form unions to 
     improve our lives and the communities we serve. Real freedom 
     is about making a decent living from our hard work; it's also 
     about having time to take a loved one to the doctor, attend a 
     parent-teacher conference and retire in dignity. The 
     corporate special interests behind this case do not believe 
     that working people should have the freedom to negotiate a 
     fair return on their work.
       Who is behind this case?
       The National Right to Work Foundation is part of a network 
     funded by corporate billionaires to use the courts to rig the 
     rules against working people. For decades, these wealthy 
     elites have used their massive fortunes to gain outsized 
     influence to chip away at the progress unions have won for 
     all working families. Now they want the highest court in the 
     land to take away our freedom to come together to protect 
     what our communities need: a living wage, retirement 
     security, health benefits, the ability to care for loved ones 
     and more.
       How do unions benefit our communities?
       People in unions continue to win rights, benefits and 
     protections for all working people and their communities. 
     When public service workers belong to strong unions, they 
     fight for staffing levels, equipment and training that saves 
     lives and improves the public services our communities rely 
     upon. And when union membership is high, entire communities 
     enjoy higher wages.

                 36 Reasons To Thank the Union Movement

       1. Weekends
       2. All breaks at work, including your lunch breaks
       3. Paid vacation
       4. FMLA (Family and Medical Leave Act)
       5. Sick leave
       6. Social security
       7. Minimum wage
       8. Civil Rights Act Title VII (prohibits Employer 
     Discrimination)
       9. 8-Hour work day
       10. Overtime pay
       11. Child labor laws
       12. Occupational Safety & Health Act (OSHA)
       13. 40 Hour Work Week
       14. Worker's Compensation (Worker's Camp)
       15. Unemployment Insurance
       16. Pensions
       17. Workplace Safety Standards and Regulations
       18. Employer Health Care Insurance
       19. Collective Bargaining Rights for Employees
       20. Wrongful Termination Laws
       21. Age Discrimination in Employment Act of 1967
       22. Whistleblower Protection Laws
       23. Employee Polygraph Protect Act (Prohibits Employer from 
     using a lie detector test on an employee)
       24. Veteran's Employment and Training Services (VETS)
       25. Compensation increases and Evaluations (Raises)
       26. Sexual Harassment laws
       27. Americans With Disabilities Act (ADA)
       28. Holiday Pay
       29. Employer Dental, Life, and Vision Insurance
       30. Privacy Rights
       31. Pregnancy and Parental Leave
       32. Military Leave
       33. The Right to Strike
       34. Public Education for Children
       35. Equal Pay Acts of 1963 & 2011
       36. (Requires employers pay men and women equally for the 
     same amount of work)
       37. Laws Ending Sweatshops in the United States
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I thank Ms. Sheila Jackson 
Lee for her comments.
  Mr. Speaker, I yield to the Congressman from the great State of New 
Jersey (Mr. Payne), who is a strong fighter on behalf of unions.
  Mr. PAYNE. Mr. Speaker, let me first thank Congressman Scott for 
hosting tonight's Special Order hour and his continual dedication to 
making sure that working families are represented by his great 
leadership.
  Tonight, the Janus-Council 31 case and the value of unions is what we 
are here to speak about. As we hold this Special Order hour, there are 
efforts across the country working to trample workers' rights. The 
Supreme Court case, Janus v. AFSCME, aims to take away the freedom and 
the opportunity for working people to join together and strong unions 
to speak up for them, their families, and their communities.

                              {time}  2100

  Any effort that threatens to undermine public sector collective 
bargaining rights is an attack on working people and their ability to 
negotiate with a strong voice in their workplace. We must be unwavering 
in our support of workers' rights.
  Over the decades, unions were vital in our communities, particularly 
for women and communities of color. African-American women in unions 
earn an average of $21.90 an hour, while nonunion women earn $17.04 an 
hour. In addition, more than 72 percent of women in unions have health 
insurance, while less than 50 percent of nonunion African-American 
women do. The important work that unions do every day is improving our 
economy and the lives of countless working families in this country.
  Mr. Speaker, I had much more to say, but in the interest of time, I 
will say I know how important it is to be represented. I, in my working 
career, have been in two labor unions myself, and I worked at a company 
and was fired. My uncle fired me. My father was the hearing officer 
against me, and my grandfather was the witness against me. Mr. Speaker, 
I know how important it is to be represented because the union got my 
job back.
  Thank you, Congressman Scott, for hosting tonight's Special Order 
Hour on the Janus case, Council 31, and the Value of Unions.
  As we hold this special order hour, there are efforts across the 
country working to trample workers' rights.
  The Supreme Court case, Janus v. AFSCME, aims to take away the 
freedom and opportunity for working people to join together in strong 
unions to speak up for themselves, their families and their 
communities.
  Any effort that threatens to undermine public sectors collective 
bargaining rights is an attack on working people and their ability to 
negotiate with a strong voice in their workplace. We must be unwavering 
in our support of workers' rights.
  Over the decades, unions were vital in our communities, particularly 
for women and communities of color. African-American women in unions 
earn an average of $21.90 an hour while nonunion women earn $17.04. In 
addition, more than 72 percent of women in unions have health 
insurance, while less than 50 percent of nonunion African-American 
women do.
  The important work that unions do every day is improving our economy 
and the lives of countless working families across this country.
  For example, in New Jersey, unions are helping train the next 
generation of health care professionals. To address New Jersey's 
nursing shortage, the AFSCME Local 1199J developed a system for union 
members to develop and maintain the skills needed for career 
advancement in nursing.
  The union also supports programs like the Youth Transitions to Work 
Certified Nursing Apprenticeship, which helps prepare Newark-area high 
school juniors and seniors as they start a career in nursing.
  As you can see, unions and strong union membership fill the gaps when 
others drop the ball. Janus is the culmination of decades of attacks on 
working people by corporations, the wealthiest one percent, and hostile 
politicians. This right-wing attack against the middle class must not 
stand.
  The forces behind this case are the same forces that have pushed for 
limiting voting rights, attacked immigrants, and undermined civil 
rights protections.
  In fact, this is the third instance where the Trump Solicitor 
General's office is reversing that office's position, seriously 
jeopardizing the Department of Justice's reputation before the court 
and undermining the rule of law.
  It is undeniable that unions have played a critical role in building 
and protecting the middle class in America.
  Unions provide hard working people economic stability and give them 
the tools to build a good life, home, and education for themselves and 
their children. We must stand together to ensure that America has 
strong labor protections that work for everyone.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I thank the gentleman. I 
really appreciate that.
  I yield to the gentleman from New York (Mr. Jeffries), who is a 
leader on the Judiciary Committee and who knows full well how wrong it 
would be for the Supreme Court to reverse itself and take away a right 
that was given to labor unions just 41 years ago and then switch it 
back. That is not fair.
  Mr. JEFFRIES. Mr. Speaker, I thank the distinguished gentleman from 
Georgia for yielding and for his tremendous leadership on this issue.
  Here in America, if you work hard and play by the rules, you should 
be able to provide a comfortable living for yourself and for your 
family; but for

[[Page H667]]

far too many American workers, that basic contract has been broken.
  Since the early 1970s, the productivity of the American worker has 
increased in excess of 285 percent; but during that same period of 
time, wages have increased by less than 10 percent. So the productivity 
gains of the American worker have not gone to the American worker; 
instead, they have gone to the privileged few, to millionaires and 
billionaires and to big corporations to subsidize the lifestyles of the 
rich and shameless. That is the America that we are dealing with right 
now.
  Some may explain it as a result of globalization; some may say it is 
fully negotiated trade deals; some may say it is the outsourcing of 
good-paying American jobs; some may say it is the rise of automation. 
Certainly, all of those factors are implicated, but the decline in 
unionization has been a significant, if not decisive, reason that so 
many people have been struggling to achieve the American Dream.
  And now the Supremes, in their wisdom, want to give us another raw 
deal, rightwing hit to benefit the wealthy and the well-off to the 
detriment of hardworking Americans. So let's hope that Justice Kennedy 
does the right thing, that five Justices on the Supreme Court see 
themselves to not interfere and overturn settled law for the purpose of 
continuing a march to benefit the privileged few to the detriment of 
hardworking Americans.
  Mr. DAVID SCOTT of Georgia. I thank the gentleman so much for his 
comments.
  It is with great pleasure that I yield to the gentlewoman from 
Delaware (Ms. Blunt Rochester), who also served as the former secretary 
of labor of Delaware, whom I have worked with on our Agriculture 
Committee.
  Ms. BLUNT ROCHESTER. Mr. Speaker, I thank the gentleman for yielding 
and for the opportunity to speak at this Special Order hour.
  Mr. Speaker, as the former secretary of labor and head of personnel 
for the State of Delaware, I am here this evening on the floor of the 
House to lend my voice in support of the thousands of men and women 
across the country who are dedicated public servants who currently 
belong to public sector labor unions; who teach our children, pave our 
roads, protect us, care for our seniors; who don't receive huge 
salaries; who don't work in palatial offices; and whose very right to 
organize and collectively bargain is under attack.
  At the end of February, the Supreme Court is set to hear a case, 
Janus v. AFSCME Council 31, which is simply another attempt to weaken 
the rights of public sector employees in the fight for better pay, paid 
sick leave, and the ability to one day retire with dignity.
  Mr. Speaker, the plaintiff in this case seeks to bar the ability for 
public sector unions from collecting fair share fees. Fair share fees 
are collected from public sector employees to help their unions 
negotiate for better wages, benefits, and protections.
  It is important to note that no union can be effective at negotiating 
with employers unless the employees who reap the benefits of these 
negotiations pay for the collective bargaining--even if they are not 
members of the union.
  The Supreme Court has already ensured that a union's political 
activities and their collective bargaining activities are separate from 
their fair share dues. No public sector worker is being asked to 
contribute funds to causes to which they do not agree. It should be 
noted that unions go through painstaking detail to ensure that no funds 
are misused.
  When our first responders, teachers, and public sector workers come 
together and form strong unions, they win benefits, like better working 
conditions, better wages, healthcare, and retirement security, which 
also benefit nonunion members.
  As our economy shifts and the wealth gap grows, the protective power 
of unions must be strengthened, not weakened. Without the freedom to 
come together, working people would not have the power in numbers they 
need to make our communities and our country more prosperous.
  Mr. Speaker, it is my hope that the Justices will see the value, 
need, and success of public sector collective bargaining and that 
everyone must pay their fair share.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, it is very important to 
recognize that Ms. Sheila Jackson Lee is a senior member of the 
Judiciary Committee as well and has vowed to lead this fight in the 
committee, and we appreciate that.
  It gives me great pleasure to yield to the gentlewoman from Orlando, 
Florida (Mrs. Demings). And may I say, Mr. Speaker, that Mrs. Demings 
is the former chief of police of Orlando. Who better to speak to the 
damage that this Supreme Court Janus decision could have on our police 
officers than the former chief of police.
  Mrs. DEMINGS. Mr. Speaker, I thank my colleague from Georgia (Mr. 
David Scott) for his leadership on this very critical issue.
  Mr. Speaker, America is a great nation, and tonight we continue to 
celebrate that fact. But we do know that great things don't just happen 
on their own. If we take a serious look through the pages of history, 
we will see the blood, the sweat, and the tears of many people. Some of 
those people came on cruise ships, and some came on slave ships. But 
regardless of the foundation on which our journey in America began, 
many were there helping to build what we now know as a great nation.
  Mr. Speaker, the American worker is intertwined in the moral fabric 
of our great society. As America began to grow as an industrialized 
society, so did its workforce and the need to develop fair and 
equitable workplace standards.

  I joined the Orlando Police Department in 1984, and on my first day 
of orientation, I joined the union. I joined a great department, and I 
wanted to do my part to keep it a great department. I proudly joined 
the union, and I clearly understood--and it appeared at that time that 
those in management also understood--that the union was working hard to 
ensure that employees, both sworn and civilian, worked in a safe work 
environment, were paid fair wages, and were fairly compensated in the 
event of death on the job.
  I was an active member of the union, and when I moved to the 
management ranks, I met regularly with union leadership to ensure we 
continued to have a healthy work environment, fair wages, meaningful 
benefits, and safe working conditions. That has been and continues to 
be the work of American unions.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I yield to the gentleman 
from Washington (Mr. Heck), a strong fighter for labor unions.
  Mr. HECK. Mr. Speaker, his name was Victor, although he went by Vic. 
He was the oldest of six on their very hard scrabble farm in rural 
South Dakota.
  One day, he came home from school, when he was just in the eighth 
grade, and he was met at the porch by his father, who told him, in his 
broken English, that he would have to quit school to save the family 
farm, denying him the education that he wanted so very badly because, 
you see, it was the winter of 1930 and the Great Depression had 
arrived.
  He lived a life of deprivation before and after, kicking around from 
job to job just to survive, just to keep from starving. World War II 
came. He volunteered, and afterwards, he became a truck driver and a 
teamster.
  The woman he would marry, Jean, had a high school education, no 
college. She became a telephone operator and a member of Communications 
Workers of America.
  Together, they worked very hard and they raised four children. They 
owned their own home. They had a wooden boat in the garage. They took 
annual modest vacations. They had healthcare coverage, and they helped 
each of their children attend college who wanted to. Then they had a 
secure retirement, and they owed it all to the strength of their 
unions.
  Mr. Speaker, one of their four children stands before you today. 
Thank you, Teamsters. Thank you, Communications Workers of America. 
Thank you, unions across America.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I thank the gentleman for 
his comments, and I yield to the gentleman from California (Mr. 
Takano).
  Mr. TAKANO. Mr. Speaker, I thank the Congressional Black Caucus for 
holding this important discussion.
  For the past 4 years, courts have held that public sector unions can 
charge a

[[Page H668]]

small fee to workers that benefit from the collective bargaining 
agreements that unions negotiate and enforce. Reversing that precedent 
is not an honest shift in legal interpretation. It is a political 
attack against American workers and the organizations that represent 
them, and it has been years in the making.
  For decades, a relentless, coordinated campaign supported by large 
corporate interests, advanced by political partisans, and funded by the 
Koch brothers has tried to rebrand union membership as a burden on 
American workers. Their campaign is as cynical as it is misleading.
  For nearly a year, the United States Senate refused to give the 
highly respected Judge Merrick Garland even one hearing, then overruled 
at least 100 years of Senate tradition to steal a seat on the Supreme 
Court.
  That seat is now the difference between a Court that upholds the 
rights of public sector unions and one that undermines their existence. 
Today, President Trump, the real estate billionaire who promised to be 
a voice for American workers, has pursued the most aggressive 
antiworker agenda in recent memory.
  Thank you to my colleagues in the Congressional Black Caucus for 
holding this important discussion.
  This evening I am speaking--not just as a strong supporter of public 
sector unions--but as a former union member myself. Throughout my 24 
years in the classroom, I was a proud, dues-paying member of the 
California Teachers Association.
  And here's why: Union membership means higher pay, better training, 
and safer working conditions. It means access to paid sick leave if you 
or a loved one gets sick. It means medical benefits, life insurance, 
and retirement security for families in communities across the country. 
It means a compassionate, humane workplace. And it means greater 
opportunities and a better future for the children of union workers.
  At a time when income inequality is high. middle-class wages are 
stagnant, and workers' benefits are rapidly disappearing, collective 
bargaining is the last remaining source of leverage for American 
workers.
  And now the conservatives on the Supreme Court are preparing to strip 
that leverage away.
  For the past 40 years, Courts have held that public sector unions can 
charge a small fee to workers that benefit from the collective 
bargaining agreements that unions negotiate and enforce. Reversing that 
precedent is not an honest shift in legal interpretation. It is a 
political attack against American workers and the organizations that 
represent them . . . and it has been years in the making.
  For decades, a relentless, coordinated campaign, supported by large 
corporate interests, advanced by political partisans, and funded by the 
Koch Brothers, has tried to rebrand union membership as a burden on 
American workers.
  Their campaign is as cynical as it is misleading.
  For nearly a year, the United States Senate refused to give the 
highly respected Judge Merrick Garland even one hearing, and then 
overruled at least 100 years of Senate tradition to steal a seat on the 
Supreme Court.
  That seat is now the difference between a Court that upholds the 
rights of public sector unions and one that undermines their existence.
  And today, President Trump--the real estate billionaire who promised 
to be a voice for American workers has pursued the most aggressive 
anti-worker agenda in recent memory.
  In the White House, in Congress, and now in the Supreme Court, 
American workers are being deprived of the protections that built the 
middle class. And instead of accepting blame for exacerbating the 
challenges facing working families, Republicans are pointing the finger 
at immigrants and refugees in an attempt to divide and distract our 
nation from the true source of inequality.
  The decision in Janus v. AFSCME must be the beginning of a new 
effort, supported by all my colleagues here this evening, to restore 
the respect and benefits that American workers deserve.

                              {time}  2115

  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I yield to the gentlewoman 
from Illinois (Ms. Schakowsky).
  Ms. SCHAKOWSKY. Mr. Speaker, let me thank Mr. Scott and the 
Congressional Black Caucus for this Special Order.
  The Janus case is critically important to public employees, but, more 
importantly, to all the people who rely on public services that they 
provide.
  This is an Illinois case--it is my State--Janus v. AFSCME Council 31, 
a relentless fighter for American workers. Before becoming Governor, 
Bruce Rauner was chairman of a private equity firm where he put profits 
ahead of working families. As Governor, he was the one who filed this 
suit.
  We need to make sure that we protect workers all over this country. 
We need to win this case before the Supreme Court. Justice calls for 
winning for union members.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I ask unanimous consent that 
Mr. Perlmutter may have 4 minutes as our final speaker.
  The SPEAKER pro tempore (Mr. Marshall). The Chair cannot entertain 
the gentleman's request. The time of the gentleman has expired.
  Mr. DAVID SCOTT of Georgia. Mr. Speaker, I had so many Members that I 
couldn't get them all in. But I appreciate it, and I hope that I have 
shared with the American people tonight this case and the threat it 
holds for our very valuable unions.
  Mr. Speaker, I yield back the balance of my time.
  Ms. WASSERMAN SCHULTZ. Mr. Speaker, I rise today to pledge my whole-
hearted support for the right of workers to organize and to decry the 
efforts of powerful corporate interests to outlaw public sector union 
fair share fees in the Janus v. AFSCME case currently before the 
Supreme Court.
  Today, despite being more productive than ever, American workers are 
working longer hours for less money and fewer benefits.
  It is no accident that working people are struggling. Corporate CEOs 
continue to use their wealth to influence politicians to rig the 
economic rules to benefit the wealthy and powerful at the expense of 
everyone else.
  Now, those same corporate CEOs and special interests are behind a 
Supreme Court case called Janus v. AFSCME--a case that threatens to 
make things even worse for working people.
  This case aims to take away the opportunity for working people to 
join together in strong unions to speak up for themselves, their 
families, and their communities.
  When teachers, nurses, police officers, firefighters, and other 
public service workers are free to build strong unions, they win 
benefits like better working conditions, better wages, health care, 
clean and safe environments, and retirement security that benefit not 
just union members, but all workers.
  Given that all workers benefit, it has been standard practice that 
all workers contribute their fair share of the cost of organizing--a 
practice upheld unanimously by the Supreme Court in 1977.
  But the CEOs and corporate special interests behind the Janus case 
have abandoned the conservative principle of respect for precedent.
  They are instead driven by a misguided belief that working people 
should be denied the same ability as they have to effectively negotiate 
a fair return on their work so that they can provide for themselves and 
their families.
  The Janus case is a blatantly political and well-funded plot to use 
the highest court in the land to further rig the economic rules against 
everyday working people.
  But what these corporate bigwigs fail to recognize is that unions are 
now more important than ever.
  Unions work because we all pay our fair share and we all benefit from 
what we negotiate together.
  The forces behind this case know that by joining together in strong 
unions, working people are able to win the power and voice they need to 
level the economic and political playing field.
  That is why I will continue to stand with American workers and their 
unions to ensure that they are protected, and that they are able to 
pursue their own version of the American dream.
  Mr. LAWSON of Florida. Mr. Speaker, I rise today and ask that we act 
now to preserve and defend labor unions.
  Unions have played a critical role in building and protecting the 
middle class in America. They provide hard working people economic 
stability for their families and give them the tools to build a good 
life, home and education for themselves and their children.
  As early as this week, the Supreme Court could take up Janus v. 
AFSCME which aims to take away the ability of working people to join 
together in strong unions.
  Janus v. AFSCME would gut the entire public sector ``right-to-work'' 
in one fell swoop.
  Janus is the culmination of decades of attacks on working people by 
corporate CEOs, the wealthiest 1%. The forces behind this case are the 
same forces that have pushed for limiting voting rights, attacked 
immigrants, and undermined civil rights protections.
  When working people have the freedom and opportunity to speak up 
together through

[[Page H669]]

unions, we make progress together that benefits everyone.
  If the billionaires and corporate CEOs behind this case get their 
way, however, they will take away the freedom of working people to come 
together and build power to fight for the things our communities need: 
everything from affordable health care and retirement security to 
quicker medical emergency response times.
  With Janus, CEOs and billionaires want to use the highest court in 
the land to take away our freedom to create the power in numbers to win 
better lives for ourselves, our families, our communities and our 
country.
  Labor unions date back to the 18th century. They were established to 
help workers with work related issues such as low pay, unsafe working 
conditions, and long hours to have a body of individuals to speak on 
their behalf.
  Labor unions are a brilliant balance of power between employees and 
employers. They have gained the power to negotiate peacefully for 
adequate treatment and respect as the economic backbone of this 
country.
  Some of the accomplishments include increasing wages, raising the 
standard of living for the working class, ensuring safe and sanitary 
working conditions, and increased benefits for both workers and their 
families.
  The group mentality of unions provides the comfort of inclusion and 
recognition that employees seek in the workplace. When an employee sees 
his or her needs are important and being met, then the quality of his 
or her work life increases tremendously.
  As the working class continues to push the economy forward, unions 
are becoming more and more necessary.
  Unions are the spokespersons for the overworked--and sometimes the 
underappreciated.
  Unions assure that every employee has a seat at the table. Some 
business employers may argue that unionized workers create an 
atmosphere that lessens the sense of partnership and trust with their 
supervisors.
  No one is forced to join a union. Membership is purely optional.
  We must preserve the right of employees to join together to negotiate 
for better pay and working conditions.
  Strong unions also advocate for equal opportunity for women and 
communities of color who have been discriminated against.
  Union jobs have historically been and continue to be a path to the 
middle class for people of color, who often face low wages in their 
professions. African-American union members today earn 14.7 percent 
more--and Latino union workers 21.8 percent more--than their nonunion 
counterparts.
  As representatives of these great states, we owe it to our middle 
class to not silence their voice. They deserve their fair share of the 
economic prosperity that they have helped to create.
  Unions are and always will be an important factor in making the 
economy work for all Americans.
  Mr. TONKO. Mr. Speaker, in the years following the Great Recession 
(2009-2012), 91 percent of all new wealth created accrued to the top 
one percent of earners.
  From 1980 through 2014, incomes for the wealthiest one percent of 
Americans rose by 204 percent while incomes for the bottom 50 percent 
rose by just 1 percent.
  During that period, the size and productivity of the U.S. economy 
have essentially doubled.
  President Trump likes to tout a booming stock market, but the 
wealthiest 20 percent of Americans own 92% of the stocks. The other 80 
percent, four out of five Americans, own just 8 percent of that wealth 
and are being largely left behind.
  And things are about to get much worse, because the Trump tax scam 
does exactly the same thing that has failed us for decades: trickle-
down economics. It failed under Reagan, it failed again under Bush. 
Every time Republicans ram it through, it adds billions, in Trump's 
case trillions of dollars to our debt, and the wealthy walk away with 
the benefits. The rich get richer and the rest of us just have to work 
harder for less.
  Meanwhile just in the past six weeks, Sam's Club laid off some 11,000 
employees. Carrier cut another 1,500. AT&T laid off some 4,000. 
Kimberly Clark, the company that makes Kleenex and Huggies, just 
announced that it would use Trump's tax scam as an opportunity to lay 
off 5,000 or more workers and close 10 manufacturing facilities.
  Janus v. AFSCME is an effort by the wealthy and powerful to further 
insulate their economic power and ability to restrict access to wealth 
for the rest of us.
  Strong unions are key to unrigging this economy, improving local 
communities and the lives of union and nonunion families alike.
  Unions are associated with greater productivity, lower employee 
turnover, improved workplace communication, and a better-trained 
workforce.
  Data shows that unions and unionization lead to increased economic 
growth and competitiveness.
  According to the BLS, among full-time and salary workers, in 2017 
union members had average weekly earnings of $1,041, non-union members 
had median weekly earnings of $829.
  When union membership is high, entire communities enjoy wages that 
represent a fair return for their work and greater social and economic 
stability and mobility. And unions advocate for policies that benefit 
all working people, e.g. minimum wage, affordable health care, and 
quality public schools.
  Unions provide a path to the middle class for working people by 
increasing their income and the economic security of their families.
  As union membership has decreased because of attacks on working 
people, income inequality has risen in the U.S. Source.
  Through collective bargaining, members of strong unions are scoring 
victories that help entire communities--like safer nurse-staffing 
levels that help patients and smaller classroom sizes that help 
students.
  AFSCME Region President, Ron Briggs, suggested you may recognize the 
following members because they have worked diligently to sign agency 
fee payers in their locals/units and are active in fighting back 
against the Janus case, right-to-work and the pro-corporate agenda:
  Lorraine Aumic from Local 688 Office of Temporary & Disability 
Assistance. She lives in Schenectady.
  Bryan Schaeffer from Local 886 Schenectady School Districts, 
Municipalities, and Towns. He lives in Delanson.
  Michele Kuiber from Local 671 Workers Compensation Board. She lives 
in Amsterdam.
  Jodi Aubin from Local 655 Environmental Conservation. She lives in 
Clifton Park.
  Janus v. AFSCME is the product of a political scheme to further tilt 
economic power away from working people and the middle class. It 
strikes at the freedom of working people to come together in strong 
unions.
  Unions are critical to America's middle class, providing economic 
stability, a good life, home and education for workers and their 
families.
  CEOs and corporate special interests behind this case oppose letting 
workers negotiate a fair wage for their work.
  The case was brought to manipulate the Supreme Court to satisfy 
blatantly political goals. In a 10-page State Policy Network (SPN) 
fundraising letter reported on in The Guardian, SPN President and CEO 
Tracie Sharp wrote that the goal of their Koch-backed network's $80 
million campaign was to ``defund and defang'' unions.

  The original plaintiff in this case was Illinois Gov. Bruce Rauner, 
who launched a political attack on public employees after taking 
office. A U.S. District Court judge ruled in 2015 that Rauner had ``no 
standing'' to bring suit, so the legal arms of the National Right to 
Work Committee and the Liberty Justice Center went looking for 
plaintiffs to serve as stand-ins for Rauner in the federal lawsuit.
  The Supreme Court case Janus v. AFSCME, Council 31 aims to take away 
the freedom of--and opportunity for--working people to join together in 
strong unions to speak up for themselves, their families and their 
communities. When teachers, nurses, police officers, firefighters and 
other public service workers are free to come together in strong 
unions, they win benefits like better working conditions, better wages, 
health care, clean and safe environments and retirement security that 
benefit non-union members as well. But the CEOs and corporate special 
interests behind this case simply do not believe that working people 
should have the same freedoms and opportunities as they do: to 
negotiate a fair return on our work so that we can provide for 
ourselves and our families. They are funding this case through the 
National Right to Work Foundation, because they view strong unions as a 
threat to their power and greed.
  When working people have the freedom and opportunity to speak up 
together through unions, we make progress together that benefits 
everyone. If the billionaires and corporate CEOs behind this case get 
their way, however, they will take away the freedom of working people 
to come together and build power to fight for the things our 
communities need: everything from affordable health care and retirement 
security to quicker medical emergency response times. The CEOs and 
billionaires want to use the highest court in the land to take away our 
freedom to create the power in numbers to win better lives for 
ourselves, our families, our communities and our country.
  People in unions continue to win rights, benefits and protections not 
only for union members, but for all working people and their 
communities in and outside of the workplace. When nurses, firefighters, 
911 dispatchers and EMS workers belong to strong unions, they fight for 
staffing levels, equipment and training that save lives. And when union 
membership is high, entire communities enjoy wages that represent a 
fair return on their work and greater social and economic mobility. 
Without the freedom to come together, working people

[[Page H670]]

would not have the power in numbers they need to make our communities 
safer, stronger and more prosperous.
  The National Right to Work Foundation is part of a network funded by 
corporate billionaires to use the courts to rig the rules against 
everyday working people. For decades, the corporate CEOs and 
billionaires funding this case have used their massive fortunes to pay 
politicians and corporate lobbyists to chip away at the freedoms people 
in unions have won for every single one of us. Now they want the 
highest court in the land to take away our freedom to come together to 
protect things our families need: a living wage, retirement security, 
health benefits, the ability to care for loved ones and more.
  This case originated from a political scheme by billionaire Bruce 
Rauner, governor of Illinois, to advance an agenda benefiting 
corporations and the wealthy. Rauner launched a political attack on 
public service workers immediately after taking office, filing a 
lawsuit on his own behalf to bar the collection of fair share fees by 
public service unions. A federal judge ruled that Rauner could not 
bring this action because he was not himself an employee paying fair 
share fees. But the legal arms of the National Right to Work Committee 
and the Liberty Justice Center were able to carry the case forward by 
finding plaintiffs as standins for Rauner in the federal lawsuit. The 
district court dismissed the case, based on long-standing precedent. 
The plaintiffs asked the lower court to fast-track their appeal and 
rule against them in order to more quickly get the case before the U.S. 
Supreme Court.
  Unions work because we all pay our fair share and we all benefit from 
what we negotiate together. Fair share fees provide public service 
workers with the power in numbers they need to negotiate better wages, 
benefits and protections that improve work conditions and set standards 
for everyone. Each individual public service worker chooses whether or 
not to join a union, but the union is still required by law to 
represent and negotiate on behalf of all public service workers--
members and nonmembers alike. The corporate special interests behind 
this case want to take away the freedom of public service workers to 
have the power in numbers to provide for their families and make their 
communities stronger. That is why they want the Supreme Court to rule 
that workers can receive all the benefits of a union contract without 
contributing anything in return. Look at it this way: If you go out to 
dinner with a group of friends, you still pay your fair share of the 
check even if you didn't get to choose the restaurant.
  No one is forced to join a union and no one is forced to pay any fees 
that go to politics or political candidates. That is already the law of 
the land. Nothing in this case will change that. This case is about 
taking away the freedom of working people to come together, speak up 
for each other and build a better life for themselves and their 
families.
  Ms. SLAUGHTER. Mr. Speaker, today I join my colleagues in calling 
attention to an attack on one of our most basic fundamental rights as 
American citizens--the right to organize in our workplace.
  The impending Supreme Court case, Janus v. AFSCME, is nothing more 
than a continued attack by corporate CEOs on American workers' right to 
unite and advocate for fair labor standards. This critical right offers 
working people the opportunity to get ahead through bargaining with 
their employers for better wages, benefits, and working conditions.
  Wherever you work, if you appreciate a 40 hour work week, sick leave 
and vacation days, guaranteed safe working conditions, then you have 
unions to thank. And the outcome of this Supreme Court case will impact 
you. It was not a benevolent employer who brought fair labor standards 
to the American workforce; it was American workers. And an attack on 
the ability to organize in the workplace is an attack on all of them.
  Since the inception of labor unions, American workers--both unionized 
and non-unionized--have enjoyed substantial gains in wages, safety, and 
stability. In fact, throughout the 20th Century, the growth of unions 
gave rise to the creation of the great American middle-class, who has 
contributed immensely to our great nation. Over the years, however, a 
change in global economy, unfair trade agreements, and a deliberate 
effort to weaken unions have made life much harder for the middle 
class. In fact, for far too many middle-class families, the American 
dream has sadly now become nothing more than a memory of time passed.
  This decimation of the middle class coincides with the Majority's 
relentless attacks on labor unions. The Majority has pushed right-to-
work legislation, tried to weaken enforcement of workers' collective 
rights, and has even tried to repeal prevailing wage laws. They are 
working hand-in-glove with the Trump administration, which supports a 
national right-to-work bill. We are seeing many dangerous attacks on 
the state level, too.
  I continue to fight against these attacks on our workers. All the 
while, I will also keep fighting to overhaul NAFTA, which has caused my 
district to lose half of its manufacturing jobs. In holding our trading 
partners to a higher standard, it is critical that we practice what we 
preach. That means promoting strong labor standards here at home and 
protecting American workers against unyielding efforts to weaken their 
right to organize.
  Ms. FUDGE. Mr. Speaker, Janus v. AFSCME comes down to a binary 
choice: will the U.S. stand up for the fundamental right of workers to 
form a union and collectively bargain; or will the Supreme Court allow 
large corporations to continue their assault on hard-working Americans.
  Unions are a vital part of our nation. Decades ago, Congress 
protected the right of workers to join together and bargain for better 
wages, regular work hours and improved safety conditions, giving 
workers a voice when negotiating with large corporations.
  Despite their role in creating and maintaining America's working 
middle class, unions are under relentless attack.
  It is no coincidence that a dramatic rise in income inequality 
coincides with a nation-wide campaign against unionization.
  American workers have become more productive, yet wages have 
stagnated. Their hard work has created billions of dollars in profits, 
all while working longer hours for less pay and fewer benefits.
  Endless attacks have been launched against workers' overtime pay, 
retirement savings, and health care.
  The tax code was just tilted even more toward the wealthiest 
individuals and corporations.
  Corporate profits were at all-time highs before the tax cut.
  Unions ensure workers can fight for their fair share of the profits 
they help create.
  On average, unionized workers earn $207 more per week than non-
unionized workers. Unionized workers have greater access to paid 
holidays, paid sick leave, life insurance, medical, and retirement 
benefits.
  Unionized workforces lead to less turnover for employers and more 
highly skilled workers. Children of union members are more likely to 
climb the ladder to the middle class. States with higher union density 
have better workplace laws.
  The foundation of U.S. labor law has held firm for nearly 70 years. 
American standards are what we strive to hold other countries to when 
negotiating trade deals, yet these standards are constantly under 
attack.
  The Supreme Court will soon hear oral arguments in Janus v. AFSCME, a 
case that could fundamentally end collective bargaining.
  The question of ``fair share'' was settled by the Supreme Court years 
ago. Unions are required by law to represent and negotiate on behalf of 
all public sector employees, regardless of whether or not a worker 
decides to formally join the union.
  Fair share fees support that requirement and ensure no worker is 
required to join the union and no one is forced to pay any fees that go 
toward politics or candidates they disagree agree with. But all 
employees benefit from union negotiations. It is only fair that all 
employees contribute.
  This is already the law. Janus is just another in a long line of 
attacks on unions and workers.
  Since Republicans took control of the House in 2011, they have 
convened more than 30 hearings and markups to undermine workers' rights 
in the Education and the Workforce Committee alone.
  Rather than attacking workers' rights, we should focus on raising 
wages and improving working conditions for all Americans. We should 
work to ensure paid family, sick and medical leave, improve access to 
child care, and ensure access to quality, affordable health care for 
all Americans.
  It's time for my colleagues to turn their words into actions. It's 
time to support unions and the American worker. The real middle class.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, labor unions have 
played a crucial role in the formation of United States. Since 1869, 
unions have provided a platform for workers to collectively bargain for 
better wages, better hours, and safer working conditions. Every single 
worker living in the United States today has benefitted in some way 
from the role of unions, helping to shape our nation into the country 
that we all know and admire.
  Today, unions play a more important role than ever before in recent 
history, particularly for the most vulnerable segments of our 
population, such as women and communities of color. When unions are 
strong, communities are stronger. Yet now, as union membership 
declines, so have opportunities for working and middle class families. 
In 2016, there were 14.6 million unionized members in the United 
States, down from 17.7 million in 1983. Union membership in the private 
sector has fallen to below seven percent. Wages have also remained 
stagnant since the 1970s, while people continue to work longer hours 
and often

[[Page H671]]

times multiple jobs just to make ends meet. These consequences can be 
traced back to deliberate attacks against workers' rights and their 
ability to organize.
  The Supreme Court case in Janus v. AFSCME, Council 31, is a clear 
manifestation of these attacks on collective bargaining rights. The 
U.S. Supreme Court will hear oral arguments on this case on February 
26, 2018, which will question the future of ``fair share fees''--or 
fees requiring non-union members to help cover the costs of a union's 
collective bargaining activities--in the context of our First Amendment 
rights. The Supreme Court has the potential to upend more than 40 years 
of unanimous precedent supporting a states' ability to determine its 
own labor policy. It is truly another important milestone in our 
nation's history which will define who we are for generations to come.
  Mr. Speaker, as wages remain stagnant and more workers fail to find 
gainful employment, we need to question the direction in which our 
country is headed. Do we want all bargaining power to be concentrated 
in the hands of only the wealthiest corporations? Or do we believe that 
American workers should retain reasonable means to organize when wages, 
benefits, and working conditions decline? I believe in the latter. I 
believe in the American people. This Congress must do more to protect 
the collective bargaining rights of working families, not only because 
it is the right thing to do but because our nation is stronger when we 
do so.

                          ____________________