Protecting the Right to Organize Act of 2019

Bill: 116-hr-2474
Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
Introduced: 2019-05-02 in the House
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures
Administrative remedies
Civil actions and liability
Employment discrimination and employee rights
Labor-management relations
National Labor Relations Board (NLRB)

Summary:
action_date: 2019-05-02
text: 

Protecting the Right to Organize Act of 2019

 
This bill amends the National Labor Relations Act and related labor laws to extend protections to union workers. Specifically, it 
 
 
revises the definition of &quot;employee&quot; and &quot;supervisor&quot; to prevent employers from classifying employees as exempt from labor law protections,
 
expands unfair labor practices to include prohibitions against replacement of or discrimination against workers who participate in strikes, 
 
makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership, 
 
permits workers to participate in collective or class action litigation, 
 
allows injunctions against employers engaging in unfair labor practices involving discharge or serious economic harm to an employee, 
 
expands penalties for labor law violations, including interference with the National Labor Relations Board or causing serious economic harm to an employee, and 
 
allows any person to bring a civil action for harm caused by labor law violations or unfair labor practices.
 

action_date: 2019-12-16
text: 

Protecting the Right to Organize Act of 2019

 
This bill amends the National Labor Relations Act and related labor laws to extend protections to union workers. Specifically, it 
 
 
revises the definition of &quot;employee&quot; and &quot;supervisor&quot; to prevent employers from classifying employees as exempt from labor law protections,
 
expands unfair labor practices to include prohibitions against replacement of or discrimination against workers who participate in strikes, 
 
makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership, 
 
permits workers to participate in collective or class action litigation, 
 
allows injunctions against employers engaging in unfair labor practices involving discharge or serious economic harm to an employee, 
 
expands penalties for labor law violations, including interference with the National Labor Relations Board or causing serious economic harm to an employee, and 
 
allows any person to bring a civil action for harm caused by labor law violations or unfair labor practices.
 

action_date: 2020-02-06
text: 

Protecting the Right to Organize Act of 2019

 
This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Specifically, it 
 
 
revises the definition of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; 
 
permits a labor organization to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes);
 
terminates the right of employers to bring claims against unions that conduct such secondary strikes; 
 
permits the National Labor Relations Board (NLRB) to conduct economic analysis;
 
allows collective-bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary;
 
expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes; 
 
makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership; 
 
prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation; and
 
requires the NLRB to promulgate rules requiring employers to post notices of employees' labor rights and protections and establishes penalties for failing to comply with such requirement.
 
 
The bill also addresses the procedures for union representation elections. Among other changes, the bill
 
 
prohibits employers from participating in any NLRB representation proceedings,
 
requires employers to provide a list of voters to the labor organization seeking to represent the bargaining unit in an NLRB-directed election,
 
compels employers to bargain with a labor organization that has received a majority of valid votes for representation in an NLRB-directed election, and
 
provides statutory authority for the requirement that the NLRB must set preelection hearings to begin not later than 8 days after notifying the labor organization of such a petition and set postelection hearings to begin not later than 14 days after an objection to a decision has been filed. 
 
The bill modifies the protections against unfair labor practices that result in serious economic harm such as the discharge of an employee. Specifically, the bill

 
removes current limits on a court's ability to provide temporary injunctive relief upon a petition by the NLRB;
 
expands the available remedies for employees subject to such harms to include two times the amount of actual damages (e.g., back pay), consequential damages; and punitive damages; and
 
establishes a civil penalty in addition to any damage awards.
 
 
The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include

 
providing information about a potential violation to an enforcement agency, 
 
participating in an enforcement proceeding, 
 
initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or
 
refusing to participate in an activity the employee reasonably believes is a violation of labor laws. 
 
 
The bill also specifies procedures for adjudicating complaints, including, filing requirements, criteria for making determinations of violations, types of available relief, evidentiary guidelines, and judicial review of NLRB determinations.
 
The bill generally establishes penalties and permits injunctive relief against entities that fail to comply with NLRB orders and creates a private right of action for employees to bring claims against employers interfering with employees' rights to organize or join a labor organization.
 
Additionally, the bill modifies the reporting requirements for employers engaged in arrangements with third-parties to persuade employees not to organize. Specifically, the bill narrows the scope of the exemption for arrangements that are considered legal advice or representation. 
 
The Government Accountability Office must analyze and report on comparative collective-bargaining practices in countries outside the United States.


Legislative actions:
action_date: 2020-02-10
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2020-02-06
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2020-02-06
text: On passage Passed by recorded vote: 224 - 194 (Roll no. 50).
action_date: 2020-02-06
text: Passed/agreed to in House: On passage Passed by recorded vote: 224 - 194 (Roll no. 50).
action_date: 2020-02-06
text: On motion to recommit with instructions Failed by recorded vote: 195 - 223 (Roll no. 49).
action_date: 2020-02-06
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2020-02-06
text: DEBATE - The House proceeded with 10 minutes of debate on the Hern, Kevin (OK) 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 forbid a labor organization from communicating with an employee regarding joining or supporting the labor organization if the employee is not authorized to work in the United States.
action_date: 2020-02-06
text: Mr. Hern, Kevin moved to recommit with instructions to the Committee on Education and Labor. (text: CR H925)
action_date: 2020-02-06
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: 2020-02-06
text: The previous question was ordered pursuant to the rule.
action_date: 2020-02-06
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2474.
action_date: 2020-02-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Rouda amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Mr. Rouda demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Rouda amendment No. 16.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Lawrence amendment No. 15.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Tlaib amendment No. 14
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Vargas amendment No. 13.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Rooney (FL) amendment No. 12.
action_date: 2020-02-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Jackson Lee amendment No. 11.
action_date: 2020-02-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Meadows amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Meadows demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Meadows amendment No. 10.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Stevens amendment No. 9.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Keller amendment No. 8.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Hayes amendment No. 7.
action_date: 2020-02-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Allen amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Allen demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Allen amendment No. 6.
action_date: 2020-02-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Wild amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Wild demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Wild amendment No. 5.
action_date: 2020-02-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Roe (TN) amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Roe (TN) demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Roe (TN) amendment No. 4.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Norcross amendment No. 3.
action_date: 2020-02-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Foxx 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 until a time to be announced.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Foxx amendment No. 2.
action_date: 2020-02-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Stevens amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Ms. Stevens demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
action_date: 2020-02-06
text: DEBATE - Pursuant to the provisions of H. Res. 833, the Committee of the Whole proceeded with 10 minutes on the Stevens amendment No. 1.
action_date: 2020-02-06
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2474.
action_date: 2020-02-06
text: The Speaker designated the Honorable Earl Blumenauer to act as Chairman of the Committee.
action_date: 2020-02-06
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 833 and Rule XVIII.
action_date: 2020-02-06
text: Rule provides for consideration of H. Res. 826, H.R. 2474 and H.R. 5687. The resolution provides for consideration of H.Res. 826 under a closed rule with one hour of debate. Also, the resolution provides for consideration of H.R. 2474, under a structured rule and consideration of H.R. 5687, under a structured rule. Each bill shall be debated for one hour.
action_date: 2020-02-06
text: Considered under the provisions of rule H. Res. 833. (consideration: CR H879-928; text: CR H895-898)
action_date: 2020-02-05
text: Rules Committee Resolution H. Res. 833 Reported to House. Rule provides for consideration of H. Res. 826, H.R. 2474 and H.R. 5687. The resolution provides for consideration of H.Res. 826 under a closed rule with one hour of debate. Also, the resolution provides for consideration of H.R. 2474, under a structured rule and consideration of H.R. 5687, under a structured rule. Each bill shall be debated for one hour.
action_date: 2019-12-16
text: Placed on the Union Calendar, Calendar No. 276.
action_date: 2019-12-16
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-347.
action_date: 2019-12-16
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-347.
action_date: 2019-09-25
text: Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 21.
action_date: 2019-09-25
text: Committee Consideration and Mark-up Session Held.
action_date: 2019-05-02
text: Referred to the House Committee on Education and Labor.
action_date: 2019-05-02
text: Introduced in House
action_date: 2019-05-02
text: Introduced in House