H.R. 800House110th Congress (2007-2009)Failed

Employee Free Choice Act of 2007

Introduced February 5, 2007

Legislative Activity

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39 earlier actions
SenateFloor Latest Action

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)

June 26, 2007

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HouseIntro Referral

Introduced in House

February 5, 2007

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E260)

February 5, 2007

HouseIntro Referral

Referred to the House Committee on Education and Labor.

February 5, 2007

HouseCommittee

Committee Consideration and Mark-up Session Held.

February 14, 2007

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 19.

February 14, 2007

HouseCommittee

Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-23.

February 16, 2007

HouseCalendars

Placed on the Union Calendar, Calendar No. 8.

February 16, 2007

HouseFloor

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.

February 28, 2007 • 7:17 PM

HouseFloor

Rule H. Res. 203 passed House.

March 1, 2007 • 12:01 PM

HouseFloor

Considered under the provisions of rule H. Res. 203. (consideration: CR H2054-2091)

March 1, 2007 • 12:01 PM

HouseFloor

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.

March 1, 2007 • 12:01 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 203 and Rule XVIII.

March 1, 2007 • 12:02 PM

HouseFloor

The Speaker designated the Honorable Zoe Lofgren to act as Chairwoman of the Committee.

March 1, 2007 • 12:02 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 800.

March 1, 2007 • 12:03 PM

HouseFloor

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.

March 1, 2007 • 1:30 PM

HouseFloor

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.

March 1, 2007 • 1:38 PM

HouseFloor

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.

March 1, 2007 • 1:41 PM

HouseFloor

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.

March 1, 2007 • 1:50 PM

HouseFloor

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.

March 1, 2007 • 1:54 PM

HouseFloor

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.

March 1, 2007 • 2:33 PM

HouseFloor

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.

March 1, 2007 • 2:33 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 800.

March 1, 2007 • 3:16 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H2089)

March 1, 2007 • 3:16 PM

HouseFloor

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.

March 1, 2007 • 3:16 PM

HouseFloor

Mr. McKeon moved to recommit with instructions to Education and Labor. (consideration: CR H2089; text: CR H2089)

March 1, 2007 • 3:18 PM

HouseFloor

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.

March 1, 2007 • 3:21 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2090)

March 1, 2007 • 3:30 PM

HouseFloor

On motion to recommit with instructions Failed by recorded vote: 202 - 225, 1 Present (Roll no. 117).

March 1, 2007 • 3:48 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 241 - 185 (Roll no. 118).(text: CR H2078)

March 1, 2007 • 3:56 PM

HouseFloor

On passage Passed by recorded vote: 241 - 185 (Roll no. 118). (text: CR H2078)

March 1, 2007 • 3:56 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 1, 2007 • 3:56 PM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

March 1, 2007

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 66.

March 2, 2007

HouseCommittee

Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

May 18, 2007

SenateFloor

Motion to proceed to consideration of measure made in Senate. (consideration: CR S7877)

June 19, 2007

SenateFloor

Cloture motion on the motion to proceed presented in Senate. (consideration: CR S7877-7878; text: CR S7877)

June 19, 2007

SenateFloor

Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7877)

June 19, 2007

SenateFloor

Motion to proceed to measure considered in Senate. (consideration: CR S8316-8327, S8328-8351)

June 25, 2007

SenateFloor

Motion to proceed to measure considered in Senate. (consideration: CR S8378-8398)

June 26, 2007

SenateFloor

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)

June 26, 2007

Floor Debate

24 members

What members said about H.R. 800 on the floor

9 Republicans15 Democrats
George Miller
Rep. George MillerD-CA-7 · Mar 1, 2007

At this time I would like to yield 1 minute to the gentlewoman from Hawaii (Ms. Hirono). I yield myself 3 minutes. Madam Chairman, Members of the House, my colleague from the other side said that…

Howard P. "Buck" McKeon
Rep. Howard P. "Buck" McKeonR-CA-25 · Mar 1, 2007

Madam Speaker, I thank the gentleman for yielding me this time. Madam Speaker, I rise in opposition to this bill and to this rule. The bill we are scheduled to debate today, the so-called Employee…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 1, 2007

Madam Chair, I thank the distinguished manager and I thank the distinguished speaker, and as well, George Miller, the chairman of the Education Committee, for his statement he made just a few weeks…

Robert E. Andrews
Rep. Robert E. AndrewsD-NJ-1 · Mar 1, 2007

Madam Speaker, I thank my friend for yielding and thank her for her great work in shepherding this bill along. I deeply respect the ranking member of the full committee, and I know his intentions are…

Betty Sutton
Rep. Betty SuttonD-OH-13 · Mar 1, 2007

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 203 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Show 8 more
Mark Udall
Rep. Mark UdallD-CO-2 · Mar 1, 2007

Madam Speaker, I will vote for this bill. It can help working people, and it will send a strong message that we need a National Labor Relations Board committed to fairness in the workplace. But as I…

Steve King
Rep. Steve KingR-IA-5 · Mar 1, 2007

Madam Speaker, I thank the gentleman from Texas for yielding. Madam Speaker, I rise in opposition to this modified closed rule today. Although several worthy amendments were offered in the Rules…

Pete Sessions
Rep. Pete SessionsR-TX-32 · Mar 1, 2007

Madam Speaker, I rise today in strong opposition to this modified closed rule and to the Democrat leadership bringing legislation to the floor of this House which will provide for an unprecedented…

Mark E. Souder
Rep. Mark E. SouderR-IN-3 · Mar 1, 2007

Madam Speaker, it is now March 1, the third month since the Democrat Party took over Congress. For the first 2 months, after campaigning on a platform of reform, after years of complaining about…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Mar 1, 2007

Madam Chairman, I rise in support of H.R. 800, the Employee Free Choice Act to allow America's workers to make their own free decisions about whether or not they want to freely associate and form…

Todd Tiahrt
Rep. Todd TiahrtR-KS-4 · Mar 1, 2007

Madam Chairman, I stand in opposition to the so-called Employee Free Choice Act, H.R. 800, and ask my fellow colleagues to join with me in supporting every worker's right to a secret ballot. I am…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Mar 1, 2007

Madam Speaker, I appreciate the gentlewoman's courtesy in permitting me to speak on this rule. I am pleased that after 12 years of not just ignoring the needs of working men and women and their…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Mar 1, 2007

Mr. Chairman, I thank my friend for yielding. I want to congratulate George Miller, to start out with, as the chairman of the Education and Labor Committee. George Miller has been, throughout my…

Show 11 more
David Dreier
Rep. David DreierR-CA-26 · Mar 1, 2007

Madam Speaker, I thank my friend from Dallas for his very able handling of this rule, and I congratulate my friend from Ohio as well. Madam Speaker, I have to rise in strong opposition to this rule.…

Al Green
Rep. Al GreenD-TX-9 · Mar 1, 2007

Madam Speaker, let's not forget that it was with the help of organized, unionized workers that we acquired the 40- hour work week, that we instilled child labor laws, that we have paid leave, that we…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Mar 1, 2007

Madam Chairwoman, I thank the gentleman for yielding, and I thank him for his great leadership, along with Chairman George Miller, in bringing this important legislation to the floor. I proudly rise…

Doris O. Matsui
Rep. Doris O. MatsuiD-CA-5 · Mar 1, 2007

Madam Chairman, I am truly proud to see the Employee Free Choice Act on the floor of the House. This represents a tremendous step forward for working families in this country. I want to thank…

John F. Tierney
Rep. John F. TierneyD-MA-6 · Mar 1, 2007

Madam Chairman, it is the policy of the United States to encourage the practice and procedure of collective bargaining. It is the policy of the United States to protect the exercise of workers of…

Luis V. Gutierrez
Rep. Luis V. GutierrezD-IL-4 · Mar 1, 2007

Madam Chairman, I rise today to affirm my strong support for H.R. 800, the Employee Free Choice Act. I would like to thank my colleague, Chairman George Miller, for introducing this important…

Lincoln Diaz-Balart
Rep. Lincoln Diaz-BalartR-FL-21 · Mar 1, 2007

Madam Speaker, I thank my friend from Texas for yielding the time. Madam Speaker, I come to this debate as a strong supporter of the right of collective bargaining. I, in my personal experience not…

John Kline
Rep. John KlineR-MN-2 · Mar 1, 2007

Madam Chairman, I reserve the balance of my time. Madam Chair, at this time, I am very pleased to yield 2 minutes to the distinguished gentleman from Texas, a member of the Ways and Means Committee,…

Maxine Waters
Rep. Maxine WatersD-CA-35 · Mar 1, 2007

Madam Chairman, I rise in strong support of H.R. 800, the Employee Free Choice Act, and I thank the Gentleman from California [Mr. George Miller] for introducing this legislation and for bringing it…

Sander M. Levin
Rep. Sander M. LevinD-MI-12 · Mar 1, 2007

Madam Chairman, I rise in strong support of H.R. 800, the Employee Free Choice Act. Despite the rosy economic forecast provided by the administration, a broad array of indicators shows…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · Mar 1, 2007

Madam Chairman, I rise in strong support of H.R. 800, the Employee Free Choice Act, and I commend Chairman George Miller for his herculean efforts to move this bill forward and bring it to the House…

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued March 2, 2007

II

Calendar No. 66

110th CONGRESS

1st Session

H. R. 800

IN THE SENATE OF THE UNITED STATES

March 1, 2007

Received and read the first time

March 2, 2007

Read the second time and placed on the calendar

AN ACT

To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes.

1.

Short title

This Act may be cited as the Employee Free Choice Act of 2007.

2.

Streamlining union certification

(a)

In general

Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following:

(6)

Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).

(7)

The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include—

(A)

model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and

(B)

procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.

.

(b)

Conforming amendments

(1)

National labor relations Board

Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence—

(A)

by striking and to and inserting to; and

(B)

by striking and certify the results thereof, and inserting , and to issue certifications as provided for in that section,.

(2)

Unfair labor practices

Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended—

(A)

in paragraph (7)(B) by striking , or and inserting or a petition has been filed under section 9(c)(6), or; and

(B)

in paragraph (7)(C) by striking when such a petition has been filed and inserting when such a petition other than a petition under section 9(c)(6) has been filed.

3.

Facilitating initial collective bargaining agreements

Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following:

(h)

Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows:

(1)

Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

(2)

If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement.

(3)

If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.

.

4.

Strengthening enforcement

(a)

Injunctions against unfair labor practices during organizing drives

(1)

In general

Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended—

(A)

in the second sentence, by striking If, after such and inserting the following:

(2)

If, after such

; and

(B)

by striking the first sentence and inserting the following:

(1)

Whenever it is charged—

(A)

that any employer—

(i)

discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8;

(ii)

threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or

(iii)

engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7;

while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or
(B)

that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B) or (C) of section 8(b)(4), section 8(e), or section 8(b)(7);

the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.

.

(2)

Conforming amendment

Section 10(m) of the National Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting under circumstances not subject to section 10(l) after section 8.

(b)

Remedies for violations

(1)

Backpay

Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking And provided further, and inserting Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,.

(2)

Civil penalties

Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended—

(A)

by striking Any and inserting (a) Any; and

(B)

by adding at the end the following:

(b)

Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsections (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.

.

Passed the House of Representatives March 1, 2007.

Lorraine C. Miller,

Clerk.

March 2, 2007

Read the second time and placed on the calendar