Employee Free Choice Act of 2007

Bill: 110-hr-800
Sponsor: Rep. Miller, George [D-CA-7]
Introduced: 2007-02-05 in the House
Policy area: Labor and Employment
Subjects: Administrative procedure
Administrative remedies
Civil Rights and Liberties, Minority Issues
Collective bargaining
Commerce
Disciplining of employees
Discrimination in employment
Dismissal of employees
Employee rights
Federal Mediation and Conciliation Service
Fines (Penalties)
Government Operations and Politics
Industrial arbitration
Injunctions
Labor contracts
Labor unions
Law
Mediation
National Labor Relations Board
Unfair labor practices
Wage restitution

Summary:
action_date: 2007-02-05
text: 
Employee Free Choice Act - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.
 
Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition.
 
Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief. 
 
Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.
 
Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.

action_date: 2007-02-16
text: 
Employee Free Choice Act of 2007 - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.
 
Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition.
 
Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice which may lead to proceedings for injunctive relief. 
 
Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bargaining rights; or (3) engaged in any other related unfair labor practice that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.
 
Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.

action_date: 2007-03-01
text: 
Employee Free Choice Act of 2007 - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.
 
Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition.
 
Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice which may lead to proceedings for injunctive relief. 
 
Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bargaining rights; or (3) engaged in any other related unfair labor practice that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.
 
Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.


Legislative actions:
action_date: 2007-06-26
text: Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 51 - 48. Record Vote Number: 227. (consideration: CR S8398; text: CR S8398)
action_date: 2007-06-26
text: Motion to proceed to measure considered in Senate. (consideration: CR S8378-8398)
action_date: 2007-06-25
text: Motion to proceed to measure considered in Senate. (consideration: CR S8316-8327, S8328-8351)
action_date: 2007-06-19
text: Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7877)
action_date: 2007-06-19
text: Cloture motion on the motion to proceed presented in Senate. (consideration: CR S7877-7878; text: CR S7877)
action_date: 2007-06-19
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S7877)
action_date: 2007-05-18
text: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
action_date: 2007-03-02
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 66.
action_date: 2007-03-01
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2007-03-01
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2007-03-01
text: On passage Passed by recorded vote: 241 - 185 (Roll no. 118). (text: CR H2078)
action_date: 2007-03-01
text: Passed/agreed to in House: On passage Passed by recorded vote: 241 - 185 (Roll no. 118).(text: CR H2078)
action_date: 2007-03-01
text: On motion to recommit with instructions Failed by recorded vote: 202 - 225, 1 Present (Roll no. 117).
action_date: 2007-03-01
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2090)
action_date: 2007-03-01
text: DEBATE - The House proceeded with ten minutes of debate on the Mckeon motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to include language specifying that in addition to the signature of the employee, an attestation that the employee is a lawful citizen or legal resident alien of the United States must be present.
action_date: 2007-03-01
text: Mr. McKeon moved to recommit with instructions to Education and Labor. (consideration: CR H2089; text: CR H2089)
action_date: 2007-03-01
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2007-03-01
text: The previous question was ordered pursuant to the rule. (consideration: CR H2089)
action_date: 2007-03-01
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 800.
action_date: 2007-03-01
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2007-03-01
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Mckeon (CA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. McKeon demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2007-03-01
text: DEBATE - Pursuant to the provisions of H. Res. 203, the Committee of the Whole proceeded with thirty minutes of debate on the McKeon (CA) amendment.
action_date: 2007-03-01
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Foxx (NC) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Foxx demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2007-03-01
text: DEBATE - Pursuant to the provisions of H. Res. 203, the Committee of the Whole proceeded with ten minutes of debate on the Foxx (NC) amendment.
action_date: 2007-03-01
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the King (IA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. King demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2007-03-01
text: DEBATE - Pursuant to the provisions of H. Res. 203, the Committee of the Whole proceed with ten minutes of debate on the King (IA) amendment.
action_date: 2007-03-01
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 800.
action_date: 2007-03-01
text: The Speaker designated the Honorable Zoe Lofgren to act as Chairwoman of the Committee.
action_date: 2007-03-01
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 203 and Rule XVIII.
action_date: 2007-03-01
text: Rule provides for consideration of H.R. 800 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.
action_date: 2007-03-01
text: Considered under the provisions of rule H. Res. 203. (consideration: CR H2054-2091)
action_date: 2007-03-01
text: Rule H. Res. 203 passed House.
action_date: 2007-02-28
text: Rules Committee Resolution H. Res. 203 Reported to House. Rule provides for consideration of H.R. 800 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.
action_date: 2007-02-16
text: Placed on the Union Calendar, Calendar No. 8.
action_date: 2007-02-16
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-23.
action_date: 2007-02-16
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-23.
action_date: 2007-02-14
text: Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 19.
action_date: 2007-02-14
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-02-05
text: Referred to the House Committee on Education and Labor.
action_date: 2007-02-05
text: Sponsor introductory remarks on measure. (CR E260)
action_date: 2007-02-05
text: Introduced in House
action_date: 2007-02-05
text: Introduced in House