Date: 2011-11-30
Speaker: JACKSON LEE (democrat)
Chamber: H
State: Texas

Mr. Chairman. I yield myself such time as I may consume. The question to my colleagues is whether workers come as Republicans or Democrats or if they come simply as Americans operating under a constitutional provision that we all celebrate. and that is the First Amendment. The First Amendment clearly allows the American people to petition. to have freedom of expression and. in essence. freedom to assemble. We also recognize that. in the course of power. there is the worker and there is the employer. The employer. in many instances. intimidates. and the National Labor Relations Board recognized the unevenness of power. Whether they are returning troops and veterans or whether they are single mothers and working families who want to better their lives. they understand that there needs to be fairness in order for this little. small book. the Constitution. to actually operate. My amendment is very simple. My amendment attempts to make an even playing field. It takes away the power of the underlying legislation. which is to limit how long the election may go onin fact. delay the election. if you will. This amendment strikes the provision that deals with the timeframe in which the election can go on and in which the employer can interfere with that election. Delay gives unscrupulous employers more time to use the timeframe to delay the election. Its a simple premise that you win or lose elections. but if you allow employers to use the hand of intimidation and to stop the election. you take away some of the privileges of being an American. I. frankly. believe that in this time that were on the floor we really should be debating the extension of the unemployment benefits. and I believe that we should be discussing the passage of the American Jobs Act. Were not doing that. Were here to limit the rights of Americans. So Id ask my colleagues to support the amendment that stops employers from delaying the rights of Americans by participating in delaying litigation. raising their power while limiting the power of the worker. I hope my colleagues will join me in supporting my amendment. Mr. Chair. I rise today in support of my amendments to H.R. 3094. "The Workforce Democracy and Fairness Act." My amendment eliminates the provisions in this bill that would allow employers to unnecessarily delay an election. The bill in its current form rolls back decades of earned collective rights for workers and prevents workers from simply voting in workplace elections. This legislation is an assault on working Americans. H.R. 3094 is designed to delay and ultimately prevent union representation elections. rendering the National Labor Relations Board (NLRB) powerless and undoes decades worth of improvements for workers rights. In order to prevent needless delays in conducting elections I propose my amendment which simply strikes the text which requires that an election must be delayed for at least 35 days from the date the petition was filed. This amendment would restore current law. While my colleagues on the other side of the aisle seemed focused on the NLRB decision and their claim to minimum delays. there is no provision in H.R. 3904 to limit the time that an election can be delayed. This would ensure that an election would be conducted as soon as practicable following the preelection hearing. consistent with the facts determined by the Regional Director. By setting a floor that an election will always be held at least 35 days from the filing of a petition. H.R. 3094 imposes delay for delays sake. even if an election could practically be scheduled before 35 days from the filing of a petition. A witness testified before the Education and Workforce Committees that: "This [35 day delay] would apply even where the union and employer are willing to stipulate to an earlier date. Other than facilitating an employer in ramping up an antiunion campaign. it does not appear to have any meaningful purpose." The National Labor Relations Act provides workers with essential protections. protections that have resulted in a strong middle class. This law prevents companies from retaliating against workers who exercise their rights. such as the right to strike. petition for better pay. demand safer working conditions. and form a union. H.R. 3094 would amend the National Labor Relations Act to define how the National Labor Relations Board should determine a unit for purposes of collective bargaining. In addition. it allows an election to occur sooner than 35 days after the filing of a petition. However. there is no limit on how long an election may be delayed. Delay would provide employers more time to use any means. legal or illegal. to pressure employees into abandoning their organizing efforts. This legislation would perpetuate undue delays in union elections. a blatant attempt to undermine American workers right to organize to protect their rights. This bill is an attack on collective bargaining. and on the American workforce as a whole. Delaying elections grants employers the necessary time to use legal and illegal means to discourage employees interests in forming unions for the purpose of collective bargaining. The bill encourages legal but frivolous appeal litigation. further delaying elections for several months or years. The measure will severely cripple and undermine elections process. A procedure intended to empower workers. Consequently union voters lose zeal for elections and unscrupulous employers are able to manipulate elections for their desired outcome. stalling the plight of workers advancement. Further. The bill misconstrues the procedure for deciding who is a bargaining unit. What effect will this have on the progress union workers have made over the last 75 years? Employers will use this disruption to gerrymander elections. induce uncertainty regarding elections. thus being able to manipulate workers and flood the ballot boxes with voters not engage in the organizing drive. For 75 years union workers have fought for basic rights to maintain improved and safer workplace environments. How does this measure effect these achievements? After the bills implementation will workers view their workplace favorably? Will their wages match the growth rate of the company and economy? And will workers feel like American employers. supported by government. provide meaningful safety for community survival? This legislation undermines American workers by eliminating laws that prevent employers from gerrymander elections when employees consider whether or not to form a union. Employees have a right to unionize. They have the right to exercise their rights collectively bargain for competitive wages. benefits. and safe working environments. I am extremely disappointed that my Republican friends are willing to create an atmosphere that forces the voice of hard working Americans to be diluted by their employers. In many cases employees would have to settle for accepting the lowest wages. worst benefits. and harshest working conditions. This bill creates a race to the bottom that is simply not worthy of a great nation. and certainly not worthy of America. Time after time. throughout the 20th century. the nation turned to the labor community to build infrastructure. supply the Armed Forces. and manufacture the materials that constructed our great American cities. and time after time. hard working Americans answered the call and made this country great. It appears that my colleagues on the other side of the aisle have decided to repay the American workforce by forcing them to choose between their rights and their jobs. I will fight. as I have throughout my tenure in Congress. to protect the middle class by protecting their right to vote in any capacity. My Republican friends have not passed a single bill to create jobs. and this bill is no exception. In fact. this reckless legislation threatens American jobs and undermines workers rights while safeguarding special interest. I urge my colleagues to oppose this harmful legislation. and instead focus our efforts on a bipartisan jobs bill that will foster a new age of American ingenuity and prosperity. I reserve the balance of my time.