59–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–26 

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. 


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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. 


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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 deVerDate Aug 31 2005 02:26 Mar 01, 2007 Jkt 032720 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR026.XXX HR026

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signed 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.—


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(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. 

Æ 


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