[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

                                _______
                                

 February 28, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    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.

                                  
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