[House Report 110-26]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-26
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PROVIDING FOR CONSIDERATION OF H.R. 800--EMPLOYEE FREE CHOICE ACT
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February 28, 2007.--Referred to the House Calendar and ordered to be
printed
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Ms. Sutton, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 203]
The Committee on Rules, having had under consideration
House Resolution 203, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 800, the
Employee Free Choice Act under a structured rule. The rule
provides one hour of general debate equally divided and
controlled by the chairman and ranking minority member of the
Committee on Education and Labor.
The rule waives all points of order against consideration
of the bill except clauses 9 and 10 of rule XXI. The rule makes
in order the Committee on Education and Labor amendment in the
nature of a substitute now printed in the bill as an original
bill for the purposes of amendment, which shall be considered
as read.
The rule further makes in order only those amendments
printed in this report. The amendments made in order may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for a division of the question in
the House or in the Committee of the Whole. All points of order
against the amendments are waived except clause 10 of rule XXI.
Finally, the rule provides one motion to recommit with or
without instructions.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI), the Committee is not aware of any points of order against
consideration of the bill. The waiver of all points of order
against consideration of the bill is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 52
Date: February 28, 2007.
Measure: H.R. 800.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Boustany (LA), #10, which
makes it an unfair labor practice under the National Labor
Relations Act for a union to fail to return a previously signed
authorization card within five days of an employee's request.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 53
Date: February 28, 2007.
Measure: H.R. 800.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Kline (MN), #5, which would
allow employees to present a majority of signed cards to
decertify a union, rather than the required use of secret
ballot election under current law (which is unchanged by H.R.
800). Upon a showing of a valid majority of cards seeking
decertification, the National Labor Relations Board would be
required to decertify a union.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 54
Date: February 28, 2007.
Measure: H.R. 800.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Davis, David (TN), #9, to
amend section 4 of H.R. 800 to make the bill's civil penalty
and liquidated damages provisions (which the bill applies to
employers) also apply to unions that coerce an employee during
a card check campaign or first contract negotiation.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Commitee record vote No. 55
Date: February 28, 2007.
Measure: H.R. 800.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 8-3.
Vote by Members: McGovern--Yea; Hasting (FL)--Yea;
Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--Yea; Sutton--
Yea; Dreier--Nay; Hastings (WA)--Nay; Sessions--Nay;
Slaughter--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. King, Steve (IA): Adds a section to the bill to amend
the National Labor Relations Act to discourage the practice of
``salting''. This amendment will change the NLRA to ensure that
a company's workers are employed for the sole benefit of that
company. (10 minutes)
2. Foxx (NC): The amendment requires the National Labor
Relations Board to promulgate standards and a model notice for
an employee to put him- or herself on a ``do not call or
contact'' list to avoid union solicitation. (10 minutes)
3. McKeon (CA): Amendment in the Nature of a Substitute.
This amendment in the nature of a substitute would strike the
underlying text and insert in its place the text of H.R. 866,
the Secret Ballot Protection Act. The amendment would prohibit
the recognition of unions via card check, and provide that a
union may only be recognized and certified after a secret
ballot election conducted by the National Labor Relations
Board. (30 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative King of Iowa, or His
Designee, Debatable for 10 Minutes
At the end of the bill and insert the following:
SEC. 5. PRESERVATION OF EMPLOYER RIGHTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the tactic of using professional union organizers
and agents to infiltrate a targeted employer's
workplace, a practice commonly referred to as
``salting'', has evolved into an aggressive form of
harassment not contemplated when the National Labor
Relations Act was enacted and threatens the balance of
rights which is fundamental to our system of collective
bargaining;
(2) increasingly, union organizers are seeking
employment with nonunion employers not because of a
desire to work for such employers but primarily to
organize the employees of such employers or to inflict
economic harm specifically designed to put nonunion
competitors out of business, or to do both; and
(3) while no employer may discriminate against
employees based upon the views of employees concerning
collective bargaining, an employer should have the
right to expect job applicants to be primarily
interested in utilizing the skills of the applicants to
further the goals of the business of the employer.
(b) Preservation of Employer Rights.--Section 8(a) of the
National Labor Relations Act (29 U.S.C. 158(a)) is amended by
adding after and below paragraph (5) the following:
``Nothing in this subsection shall be construed as requiring an
employer to employ any person who seeks or has sought
employment with the employer in furtherance of such person's
other employment or agency status.''.
2. An Amendment To Be Offered by Representative Foxx of North Carolina,
or Her Designee, Debatable for 10 Minutes
Page 4, line 16, strike ``and''.
Page 4, line 19, strike the period, closed quotation mark,
and second period at the end and insert ``; and''.
Page 4, after line 19, insert the following:
``(C) procedures and a model notice by which an
individual can request that the labor organization not
recruit or solicit for membership, distribute
information or material to (whether by mail, facsimile
or electronic mail, in person, or by any other means),
communicate with, or attempt to communicate with or
influence that individual with respect to any question
of representation or the exercise of the individual's
rights under section 7.''.
3. An Amendment To Be Offered by Representative McKeon of California,
or His Designee, Debatable for 30 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secret Ballot Protection
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the right of employees under the National Labor
Relations Act to choose whether to be represented by a
labor organization by way of secret ballot election
conducted by the National Labor Relations Board is
among the most important protections afforded under
Federal labor law;
(2) the right of employees to choose by secret ballot
is the only method that ensures a choice free of
coercion, intimidation, irregularity, or illegality;
and
(3) the recognition of a labor organization by using
a private agreement, rather than a secret ballot
election overseen by the National Labor Relations
Board, threatens the freedom of employees to choose
whether to be represented by a labor organization, and
severely limits the ability of the National Labor
Relations Board to ensure the protection of workers.
SEC. 3. NATIONAL LABOR RELATIONS ACT.
(a) Recognition of Representative.--
(1) In general.--Section 8(a) of the National Labor
Relations Act (29 U.S.C. 158(a)) is amended by
redesignating paragraphs (3) through (5) as paragraphs
(4) through (6), respectively and inserting after
paragraph (2) the following:
``(3) to recognize or bargain collectively with a
labor organization that has not been selected by a
majority of such employees in a secret ballot election
conducted by the Board in accordance with section 9;''.
(2) Application.--The amendment made by subsection
(a) shall not apply to collective bargaining
relationships in which a labor organization with
majority support was lawfully recognized before the
date of the enactment of this Act.
(b) Election Required.--
(1) In general.--Section 8(b) of the National Labor
Relations Act (29 U.S.C. 158(b)), as amended by
subsection (c) of this section, is amended--
(A) by striking ``and'' at the end of
paragraph (6);
(B) by striking the period at the end of
paragraph (7) and inserting ``; and''; and
(C) by adding at the end the following:
``(8) to cause or attempt to cause an employer to
recognize or bargain collectively with a representative
of a labor organization that has not been selected by a
majority of such employees in a secret ballot election
conducted by the Board in accordance with section 9.''.
(2) Application.--The amendment made by paragraph (1)
shall not apply to collective bargaining relationships
that were recognized before the date of the enactment
of this Act.
(c) Secret Ballot Election.--
(1) In general.--Section 9(a) of the National Labor
Relations Act (29 U.S.C. 159(a)), is amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by inserting after ``designated or
selected'' the following: ``by a secret ballot
election conducted by the Board in accordance
with this section''; and
(2) Application.--The secret ballot election
requirement of the amendment made by paragraph (1)
shall not apply to collective bargaining relationships
that were recognized before the date of the enactment
of this Act.
SEC. 4. REGULATIONS.
Not later than 6 months after the date of the enactment of
this Act, the National Labor Relations Board shall review and
revise all regulations promulgated before such date to
implement the amendments made by this Act to the National Labor
Relations Act.