Democracy Bill Passes, NLRB Ambushes

CDW Members:

Yesterday, the House voted 235 to 188 in favor of H.R. 3094, the Workforce Democracy and Fairness Act. Details on the vote on the bill and the various amendments are set forth below. CDW’s final letter is available here; 243 organizations signed on. Our statement about the vote is available here. We will be working to ensure the bill receives some attention in the Senate.

In addition, yesterday the NLRB held a hearing where they voted 2 to 1 in favor of a resolution offered by Chairman Mark Pearce to streamline the ambush election proposed rule. Member Craig Becker and Chairman Pearce voted in favor of the proposal, while Member Brian Hayes dissented, criticizing the substance of the proposal as well as the Board’s failure to follow procedural rules. The Board will now move forward with drafting a final rule based on the Chairman’s resolution.

Based on the resolution, we expect the final rule in the next few weeks. The rule will not contain some of the more widely discussed aspects of the proposed rule, such as the 7 day period for a hearing and the requirement employers release employee phone numbers and email addresses. The final rule, nonetheless, is still expected to significantly truncate the time period for elections and deprive employers of many due process rights. In short, the streamlined rule would radically change election procedures in an effort to promote rapid, increased unionization at the expense of employees and employers. Littler has a post with more details here. You can view CDW’s comments on the original proposed rule here. We will be watching closely and will keep you posted. The Board’s information about the hearing, including a video archive that will be posted later today, is available here.

Geoffrey Burr
Vice President, Federal Affairs
Associated Builders & Contractors, Inc.
4250 N. Fairfax Drive, 9th Floor
Arlington, VA 22203

LEGISLATIVE DETAIL FOR H.R. 3094

Motion to Rise with Recommendation that Enacting Clause be Stricken – FAILED 176-241; Roll Call 863

Republican YEA – 0; NAY – 233

Democrat YEA – 176; NAY – 8

Bishop (D-NY): Amendment No. 1—Requires that the attorney or filing party meet certain standards before filing and would give the Board authority to impose sanctions on a party for presenting a frivolous or vexatious filing during pre-election proceedings. – FAILED 187-228; Roll Call 864

Republican YEA – 6; NAY – 226

Democrat YEA – 181; NAY – 2

Boswell (D-IA): Amendment No. 2—Prohibits employers that have paid any executive compensation bonuses in excess of 10,000 percent of the annual compensation of the average employee from raising relevant and material issues during a pre-election hearing – FAILED 181-239; Roll Call 865

Republican YEA – 3; NAY – 230

Democrat YEA – 178; NAY – 9

Walz (D-MN): Amendment No. 3—Prevents this Act from applying to employers that have been found liable for any labor law violation against a veteran of the Armed Forces during the 1-year period preceding the filing of a petition from raising relevant and material issues during a pre-election hearing – FAILED 200-221; Roll Call 866

Republican YEA – 14; NAY – 220

Democrat YEA – 186; NAY – 1

Jackson Lee (D-TX): Amendment No. 4—Strikes the section of the bill that would ensure employees have adequate time to educate themselves about unionization – FAILED 188-236;Roll Call 867

Republican YEA – 7; NAY – 229

Democrat YEA – 181; NAY – 7

Democrat Motion to Recommit – FAILED 185-239; Roll Call 868

Republican YEA – 1; NAY – 235

Democrat YEA – 184; NAY – 4

Republican voting YEA: Jones

Democrats voting NAY: Boren, Cooper, Cuellar, Matheson

Final Passage of H.R. 3094 — “To amend the National Labor Relations Act with respect to representation hearings and the timing of elections of labor organizations under that Act.” –PASSED 235-188; Roll Call 869

Republican YEA – 229; NAY – 8

Democrat YEA – 6; NAY – 180

Republicans voting NAY: Grimm, Johnson (IL), King (NY), LaTourette, LoBiondo, Runyan, Smith (NJ), Young (AK)

Democrats voting YEA: Barrow, Boren, Cooper, Cuellar, Matheson, McIntyre

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