Protecting the Right to Organize Act of 2021

Bill: 117-hr-842
Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
Introduced: 2021-02-04 in the House
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures
Administrative remedies
Civil actions and liability
Congressional oversight
Employee benefits and pensions
Employment discrimination and employee rights
Government studies and investigations
Health care costs and insurance
Judicial review and appeals
Labor-management relations
National Labor Relations Board (NLRB)
Wages and earnings
Worker safety and health

Summary:
action_date: 2021-02-04
text: 

Protecting the Right to Organize Act of 20

21

 
This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace.
 
Among other things, it (1) revises the definitions of 
employee
, 
supervisor
, and
 employer
 to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes.
 
The bill also 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; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes.
 
The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation.
 
Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders. 
 

action_date: 2021-03-09
text: 

Protecting the Right to Organize Act of 20

21

 
This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace.
 
Among other things, it (1) revises the definitions of 
employee
, 
supervisor
, and
 employer
 to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes.
 
The bill also 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; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes.
 
The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation.
 
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. 
 
Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders. 
 


Legislative actions:
action_date: 2021-03-11
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2021-03-09
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2021-03-09
text: On passage Passed by the Yeas and Nays: 225 - 206 (Roll no. 70).
action_date: 2021-03-09
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 225 - 206 (Roll no. 70).
action_date: 2021-03-09
text: On motion to recommit Failed by the Yeas and Nays: 206 - 218 (Roll no. 69).
action_date: 2021-03-09
text: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
action_date: 2021-03-09
text: The previous question was ordered pursuant to the rule.
action_date: 2021-03-09
text: Mr. Banks moved to recommit to the Committee on Education and Labor. (text: CR H1176-1177)
action_date: 2021-03-09
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on agreeing to the amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2021-03-09
text: Considered as unfinished business. (consideration: CR H1174-1178)
action_date: 2021-03-09
text: Pursuant to clause 1(c) of Rule XIX, the House resumed further consideration of H.R. 842.
action_date: 2021-03-09
text: Pursuant to clause 1(c) of Rule XIX, further consideration of H.R.842 is postponed.
action_date: 2021-03-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment en bloc No. 2, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Foxx demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
action_date: 2021-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 188, the House proceeded with 20 minutes of debate on the Scott (VA) amendment en bloc No. 2.
action_date: 2021-03-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment en bloc No. 1, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Foxx demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
action_date: 2021-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 188, the House proceeded with 20 minutes of debate on the Scott (VA) amendment en bloc No. 1.
action_date: 2021-03-09
text: DEBATE - The House proceeded with one hour of debate on H.R. 842.
action_date: 2021-03-09
text: Rule provides for consideration of H.R. 842, H.R. 8 and H.R. 1446. Rule provides for one hour of general debate for H.R. 842, H.R. 8, and H.R. 1446. The rule provides for a motion to recommit on H.R. 842, H.R. 8, and H.R. 1446.
action_date: 2021-03-09
text: Considered under the provisions of rule H. Res. 188. (consideration: CR H1134-1163; text: CR H1134-1137)
action_date: 2021-03-08
text: Rules Committee Resolution H. Res. 188 Reported to House. Rule provides for consideration of H.R. 842, H.R. 8 and H.R. 1446. Rule provides for one hour of general debate for H.R. 842, H.R. 8, and H.R. 1446. The rule provides for a motion to recommit on H.R. 842, H.R. 8, and H.R. 1446.
action_date: 2021-02-04
text: Referred to the House Committee on Education and Labor.
action_date: 2021-02-04
text: Introduced in House
action_date: 2021-02-04
text: Introduced in House