19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–291 

PROVIDING FOR CONSIDERATION OF THE BILL (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 

NOVEMBER 17, 2011.—Referred to the House Calendar and ordered to be printed 

Ms. FOXX, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 470] 

The Committee on Rules, having had under consideration House 

Resolution 470, by a nonrecord vote, 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. 3094, the Workforce Democracy and Fairness Act, under a structured rule. The 

resolution provides one hour of general debate equally divided and 

controlled by the chair and ranking minority member of the Committee on Education and the Workforce. The resolution waives all 

points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Education and the Workforce now 

printed in the bill shall be considered as original text for the purpose of amendment and shall be considered as read. The resolution 

waives all points of order against the committee amendment in the 

nature of a substitute. The resolution makes in order only those 

amendments printed in this report. Each such amendment 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 

division of the question in the House or in the Committee of the 

Whole. The resolution waives all points of order against the amendments printed in this report. Finally, the resolution provides one 

motion to recommit with or without instructions. 


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EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of the bill, the Committee is not aware of any points of 

order. The waiver of all points of order is prophylactic in nature. 

Although the resolution waives all points of order against the 

committee amendment in the nature of a substitute, the Committee 

is not aware of any points of order. The waiver of all points of order 

is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver of all points of order 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. 159 

Motion by Ms. Slaughter to report an open rule. Defeated: 4–7 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Ms. Slaughter .................................................. Yea 

Ms. Foxx ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Bishop of Utah .......................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Bishop, Tim (NY): Would give the Board authority to impose 

sanctions on a party for presenting a frivolous or vexatious filing 

during pre-election proceedings. (10 minutes) 

2. Boswell (IA): Would prevent employers that have paid any executive compensation bonuses in excess of 10,000 percent of the annual compensation of the average employee from engaging in openended litigation. Such parties are required to state their issues or 

positions at the outset of pre-election hearings, and prohibited from 

raising new, frivolous issues as a dilatory tactic. (10 minutes) 

3. Walz (MN): Would prevent this Act from applying to businesses that have been cited for violating labor laws in the past year 

against employees who are veterans of the Armed Forces. (10 minutes) 

4. Jackson Lee (TX): Would strike a section of the bill to ensure 

that employers would not be able to unnecessarily delay an election. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 2, strike ‘‘and’’. 

Page 9, line 19, strike the second period and insert ‘‘; and’’ and 

after such line insert the following: 


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(3) by adding at the end the following: 

‘‘(f)(1) Prior to presenting any objection, filing, pleading, statement of position, paper, or appeal (in this subsection referred to as 

‘filing’) in any proceeding prior to an election under this section, an 

attorney or other party representative has a duty, to the best of his 

or her knowledge, information, and belief, and formed after an inquiry reasonable under the circumstances, to assure that— 

‘‘(A) such a filing is not being presented for any improper 

purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; 

‘‘(B) the claims, defenses, positions, and other legal contentions in the filing are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; 

‘‘(C) the factual contentions in the filing have evidentiary 

support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or development of the record; and 

‘‘(D) any denials of factual contentions in the filing are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information. 

‘‘(2)(A) At any stage of a representation proceeding prior to an 

election under this section, including pre-election hearings, requests for Board reviews, or Board reviews, the Board or its agents, 

upon their own motion or that of a party to the proceeding, shall 

have discretion to impose sanctions against a party for presenting 

a frivolous or vexatious filing or raising a frivolous or vexatious 

matter to the Board under this section, or upon a finding that an 

attorney or other party representative breached his or her duty 

under this subsection. Sanctions may include reasonable litigation 

costs, salaries, transcript and record costs, travel and other reasonable costs and expenses. If the Board determines that a party has 

raised a frivolous or vexatious matter for purposes of delaying an 

election, the Board shall immediately direct that an election be conducted not less than 7 days after such determination. 

‘‘(B) For purposes of this section, a frivolous or vexatious filing 

is one that an attorney of ordinary competence would recognize as 

so lacking in merit that there is no substantial possibility that the 

Board would accept it as valid. The Board shall be guided by Rule 

11 of the Federal Rules of Civil Procedure in determining whether 

an objection, filing, pleading, paper or appeal is frivolous.’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BOSWELL

OF IOWA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 2, strike ‘‘and’’. 

Page 8, line 20, insert ‘‘(except those designated parties described 

in subparagraph (C))’’ after ‘‘parties’’. 

Page 9, line 19, strike the second period and insert ‘‘; and’’ and 

after such line insert the following: 

(3) by adding at the end of subsection (c)(1) the following: 

‘‘(C) The designated parties referred to in subparagraph 

(B) are employers that paid any executive bonus compensation in excess of 10,000 percent of the total annual 

compensation of the average employee during the 1-year 


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period preceding the filing of a petition under this subsection. Such parties may not engage in the dilatory tactic 

of raising new issues or positions during a pre-election 

hearing that were not raised prior to the commencement 

of the hearing.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALZ OF

MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 2, strike ‘‘and’’. 

Page 8, line 20, insert ‘‘(except those designated parties described 

in subparagraph (C))’’ after ‘‘parties’’. 

Page 9, line 19, strike the second period and insert ‘‘; and’’ and 

after such line insert the following: 

(3) by adding at the end of subsection (c)(1) the following: 

‘‘(C) The designated parties referred to in subparagraph 

(B) are 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 under 

this subsection. Such parties may not engage in the dilatory tactic of raising new issues or positions during a preelection hearing that were not raised prior to the commencement of the hearing.’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, beginning on line 4, strike ‘‘subparagraph (B)—’’ and all 

that follows through ‘‘(B) by inserting’’ on line 8, and insert ‘‘subparagraph (B), by inserting’’. 

Page 8, line 24, strike ‘‘last sentence—’’ and all that follows 

through page 9, line 9, and insert ‘‘last sentence, by inserting ‘or 

consideration of a request for review of a regional director’s decision and direction of election,’ after ‘record of such hearing’; and’’. 

Æ 


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