Employee Free Choice Act
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 every American is guaranteed the right to…
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 every American is guaranteed the right to organize, and that is what this legislation is about. You have a guaranteed right to organize, but when you do, very often what you find out is you do not get the right to organize on behalf of better wages or a pension plan, or holding onto your health care benefits, or the hours that you get paid at work, or the tension between your family life and work, the kinds of things that people organize for.
In many workplaces, when you exercise your right to organize, you get fired, you get intimidated, you get harassed, you get followed home, your kids get followed to school, people park their cars outside your house. Your work shift has changed, you are on the graveyard shift instead of the daytime shift. That is what you get.
What we are here about today is to redeem what has been in the law for almost 70 years, and that is the law that gives you the right to organize. It says you can either choose to go through an NLRB election or you can choose to have a majority sign-up. But then they inserted in the law many years later the right of the employer to veto that right to majority sign-up.
So what the Republicans are suggesting in their opposition to this bill is that we should take away the choice from those workers that has been in the law for 70 years. So that those people, when a majority of people in a workplace decide that they need to organize their workplace to protect their jobs, to protect their salaries, to protect their pensions, to protect their health care, that they will be able to have that organization come into being.
Today, you get harassed, you get intimidated, you get an election, and after the election, you get appeals. And you get endless bargaining that in our
own State of California, people have been waiting 7, 8, 9 years for a union that they won in an election. Apparently the secret ballot isn't enough to win your full share of democracy, and has not been enough for millions of workers across this country.
So this legislation is very simple, it is only eight pages long. It says the worker gets to choose. That is the basis of American labor law. It is up to the employees to choose their organization and to choose how they want to arrive at that organization. They can choose an NLRB election or they can choose a card check majority sign-up. And we are simply saying, let the law work. Let the employees have the choice. And stop the illegal intimidation of workers.
This last year, 30,000 workers had their pay restored to them because illegal actions were taken against them by employers because those workers did nothing else than exercise what the gentleman on the other side of the aisle spoke to, the right in America to organize. But 30,000 workers lost pay, lost hours at work, got fired. All of those things happened to them. And the year before it was 20,000, 20,000 and 20,000.
This has gone on far too long. It is time to empower the employees to make this choice about their workplace.
Madam Chairman, I reserve the balance of my time.
Madam Chairman, I yield 1 minute to the gentlewoman from Connecticut (Ms. DeLauro).
Madam Chairman, I yield 1 minute to the gentleman from Minnesota (Mr. Ellison).
Madam Chairman, I yield 1 minute to the gentleman from Connecticut (Mr. Courtney).
I thank the gentleman for yielding, and I thank all of my colleagues who participated in this debate.
At a time when the middle class standard of living in America for millions of Americans is at greater risk than at any time in recent history, at a time when people see employers arbitrarily terminating their pensions, freezing their pensions, shifting the cost of their health insurance, cutting the benefits under health insurance; at a time when they see that they have no new money to take home in their wages, that their wages have been flat;
at a time when CEOs are awarding themselves golden handshakes, golden parachutes, and golden hellos, worth hundreds of millions of dollars, at that time at that moment we have an opportunity here to redeem a provision of the law which has been in the law for 70 years to simply give the workers a choice. They can choose an NLRB election, or they can choose a majority signoff.
That is a simple choice that these adults in the workplace can make. It is a choice that was given to them 70 years ago, and it was a choice that later was taken away by a veto of the employer.
Imagine, a majority of the Americans get together and they do something and one person gets to veto it. One person gets to veto it in the workplace. Think of what the relationship is between that employer and those employees. Think about how those employees must have felt that they needed to organize in the workplace, because employees know that they do if they are going to stop the trend and the bleeding that they see today, against the benefits that they have at their workplace, against their salaries, against their hours at work, against their right to a retirement nest egg that means something.
Every day you pick up the business journals of this country and you read where again another employer has terminated a pension, has restricted the pension, won't pay into the pension, puts the pensions into bankruptcy. You want to know why people need card checks? People need card checks so they can have the freedom of choice to choose do they want an election, do they want a card check. It is in the National Labor Relations Act today, it is the law, but for the veto, the veto of the employer.
How more arbitrary can you possibly get that a single employer could override the desires of a majority of the employees in its workplace? How more arbitrary can you get? It is the same arbitrariness those employers show when they cut your health care benefits and your pensions and your retirements without any say by the employees, without any negotiations. That is why millions of Americans want representation at work, so that they can have a voice in that workplace, they can have a voice in their future, they can have a voice in whether or not they are going to be able to buy a home, buy a car, educate their children, have a health care policy that they can afford that will be there when they need it.
That is what this is really about. This is about whether or not we are going to strengthen and help maintain and grow the middle class in this country. Because it is not happening under the arbitrary policies that are imposed on workers today by their employers. This Employee Free Choice Act gives the workers that choice, the choice that is currently in the law.
I urge my colleagues to vote in support of this legislation when it comes time for passage. Again, I thank all my colleagues for participating in this debate, I thank the Chair for the courtesy they have shown both sides.
Madam Chairman, We all know that workers in the U.S. are among the most productive workers in the world. Yet for far too long, they have not been reaping the benefits of their hard work.
For years and years now, many workers have found themselves working harder and harder just to stay in place. And many more have been losing ground financially despite their work.
This is troubling enough on its own. But what makes it even more troubling is that, over the last several years, our economy has been growing. The stock market is doing well. Corporate profits are high.
Consider the facts.
Since 2001, median household income has fallen by $1,300. Wages and salaries now make up their lowest share of the economy in nearly six decades.
The number of Americans who lack health insurance has grown by 6.8 million since 2001, to 46.6 million, a shocking record high.
The number of Fortune 1000 companies that have frozen or terminated their pension plans has more than tripled since 2001.
Indeed, the middle class itself has shrunk. Over 4 million more Americans have joined the ranks of the poor since 2001.
And meanwhile, corporate profits make up their largest share of the economy since the 1960s.
Madam Chairman, there are a lot of explanations for the growing inequality in our economy. Congress' failure to raise the minimum wage for 10 long years is an obvious example. But perhaps the most significant explanation is that workers' rights to join together and bargain for better wages, benefits, and working conditions have been severely undermined.
Today, when workers want to form a union, their employers can force them to undergo a National Labor Relations Board election process. That process is broken, because it allows irresponsible employers to harass, coerce, intimidate, reassign, and even fire workers who support a union.
Take the example of Ivo Camilo. Mr. Camilo is from Sacramento, not far from my district. For 35 years, he worked at a Blue Diamond Growers plant in Sacramento. In 2004, he and several dozen coworkers sought to form a union. For that, Mr. Camilo was fired. After 35 years of service, Blue Diamond tossed Mr. Camilo out on the street, just because he wanted a union.
The same thing happened to Keith Ludlum when he supported union representation for him and his coworkers at a Smithfield foods plant in Tar Heel, North Carolina. Mr. Ludlum, a veteran of the first Gulf War, was fired in 1994 because he wanted a union. It took him 12 years of litigation to get his job back.
What happened to Mr. Camilo and Mr. Ludlum happens with distressing frequency in this country. In 2005 alone, over 30,000 workers were receiving back pay from employers that had committed unfair labor violations.
Earlier this year, the Center for Economic and Policy Research estimated that employers fire one in five workers who actively advocate for a union. A December 2005 study by American Rights at Work found that 49 percent of employers studied had threatened to close or relocate all or part of the business if workers elected to form a union.
And Human Rights Watch has said, ``[F]reedom of association is a right under severe, often buckling pressure when workers in the United States try to exercise it.''
Corporate executives routinely negotiate lavish compensation packages on their own behalfs, but then they deny their own employees the ability to bargain for a better life.
This debate is about restoring workers' ability to choose for themselves whether or not they want a union. To make that happen, the Employee Free Choice Act does three things.
First, it says that when a majority of workers sign cards authorizing a union, they get a union. The legislation requires the National Labor Relations Board to develop model authorization language and procedures for establishing the validity of signed authorizations.
The legislation does not take away workers' ability to have a National Labor Relations Board election instead of majority sign-up if that's what they want. It gives them the choice. If 30 percent sign cards saying they want a union and petition the Board for an election, they get an election. But, if a majority of workers sign cards saying they want a union and they want recognition now, they get a union.
This majority sign-up is not a new idea. Under current law, when a majority of workers sign cards authorizing a union, then they can have a union if their employer consents to it. But instead of consenting, employers often reject the employees' choice and force them through an NLRB election process that is dramatically tilted in the employer's favor. The Employee Free Choice Act would simply take this veto power away from employers. Under current law, it's the employer's choice that matters. Under the Employee Free Choice Act, it's the employees' choice that matters.
Majority sign-up has a proven track record for reducing coercion and intimidation. In cases where responsible employers, like Cingular Wireless, have permitted their employees to form a union through majority sign-up, both sides have praised the process for increasing cooperation and decreasing tension.
Second, the legislation increases penalties against employers who fire or discriminate against workers for their efforts to form a union or obtain a first contract.
Under current law the National Labor Relations Board is required to seek a federal court injunction against a union whenever there is reasonable cause to believe that the union has violated the secondary boycott prohibitions in the National Labor Relations Act.
Under this legislation, the Board must seek a federal court injunction against an employer whenever there is reasonable cause to believe that the employer has discharged or discriminated against employees, threatened to discharge or discriminate against employees, or engaged in conduct that significantly interferes with employee rights during an organizing or first contract drive. The legislation authorizes the courts to grant temporary restraining orders or other appropriate injunctive relief.
Employers found to have discharged or discriminated against employees during an organizing campaign or first contract drive must pay those workers three times back pay, instead of the simple back pay required under current law. Employers found to have willfully or repeatedly violated employees' rights during
an organizing campaign or first contract drive would receive civil fines of up to $20,000 per violation.
Under current law, remedies are limited solely to make whole remedies: back pay (minus any additional interim wages the employee did or should have earned), reinstatement, and notice that the employer will not engage in violations of the National Labor Relations Act. Many employers conclude that, even if caught, it is financially advantageous to violate the law and pay the penalties rather than to comply.
And third, the legislation provides for mediation if an employer and a union are engaged in bargaining for their first contract and are unable to reach agreement within 90 days. After 30 days of mediation the dispute would be referred to binding arbitration. Under current law, employers have a duty to bargain in good faith, but are under no obligation to reach agreement. As a result, a recent study found that 34 percent of union election victories had not resulted in a first contract.
Madam Chairman, we have heard a lot of shamefully misleading claims from the critics of this bill. Those critics claim that they have workers' best interests at heart, and that they are trying to protect democracy.
Yet their claims are belied by the fact that some of the nation's leading workers' rights and prodemocracy organizations support this bill, including Human Rights Watch, Interfaith Worker Justice, and the Drum Major Institute--among many, many others.
These are organizations that are dedicated to the mission of improving the lives of American workers. I can tell you that if this bill would do the kind of harm that its critics claim it would, then these respected organizations would not be supporting it today.
I want to close by just reminding people how much is at stake here.
We can continue on our nation's current path, where our society grows more and more unequal and polarized. If we stay on the same path, then our middle class will keep getting squeezed, and will struggle to pay for just the basic necessities of life, like housing, healthcare, education, and transportation.
We can stay on that path, or we can go in a new direction. We can ensure that every American worker gets his or her fair share of the benefits of a growing economy.
To strengthen America's middle class, we have got to restore workers' rights to bargain for better wages, benefits, and working conditions.
After all, union workers earn 30 percent more, on average, than non- union workers. They are much more likely to have retirement and health benefits and paid time off.
I urge all of my colleagues to support H.R. 800 so that we can finally start to reverse the middle class squeeze and create an economy that benefits all Americans.
Madam Chairwoman, I think the gentleman from New Jersey has explained this quite correctly. This allows you, because of your membership in a union, to be discriminated against in the employment.
The actions that the gentleman says that he wouldn't like to have take place are actions that are already illegal under the law. You don't get to disrupt the workplace. You don't get to engage in those kinds of activities, and that's the way the law is written.
This is just simply a broad discriminatory practice against the employment, or it allows the nonemployment of individuals who are members of the union. At very best, under the best interpretation, what this employee would buy themselves if they go to seek a job is they would get themselves a lawsuit. They would have to sue for the right to be employed in a workplace.
You know, a job today in America is not a luxury; it is a necessity. This is just part of the harassment of individuals who believe in the organization of the workplace. This is just one more of the harassment, and now they want to put this one into the statutes of the United States.
We should vote against this amendment.
Madam Chairman, you look at this amendment and you realize this is just another piece of the continued effort by which the party on the other side is fully prepared to diminish the rights of workers to have access to information about an organization that may help them in the workplace. But, you know what?
If the employer wants to bring that worker in and sit him down on a one-to-one meeting with the supervisor, with the owner of the company or the Board of Directors, if he wants to take them off of their job where they may be getting paid for productivity and explain to them why they shouldn't join the union and all that, there is nothing to protect that employee there. There he is sitting with the person who can fire them. There he is sitting with the person who fired over 35,000 people or docked their pay or did some other illegal action against them because they said, well, I think I might still want a union.
But if the union wants to go out, if other employees want to talk to their fellow workers about this, you have no opportunity to communicate. And then you are supposed to go into an election. But one side doesn't get any opportunity to communicate.
That is an interesting theory, that those with all of the power in this arrangement, those with the authority to hire and fire, they get unlimited access. But here, you may get, on break time in the break room you may still have a little tiny bit of access for the union, but they can't talk to a person out there because they could take them off the list.
What do you think the first thing is the employer might suggest to the employees when they hear that there is a union effort in the company? Put yourself on the Do Not Call List. Joe, did you put yourself on the Do Not Call List yesterday? Because then the employer knows immediately that the union no longer has access. Just another form of intimidation, just another form of a kind of arbitrary power over the employees, just one of those little things that the anti-union consultants will tell the employer to check off.
Make sure you told your employees to sign up for the Do Not Call List. Make sure you run down that list, find out who signed up and who didn't, get that list clean, because if we ever get that list, if we can get 100 percent, then the union has no access to them. It is a wonderful tool in the name of democracy you want to put into the hands of the anti-union campaigns.
No, it is very unfortunate that they simply won't allow workers to make this decision, the decision that is accommodated and allowed and provided for in the law of whether or not they want an NLRB election, or they want a majority sign up. They are not going to do that. And so fearful of the decision that the employee might make, they have decided to insulate the employee from the campaign and put them off limits to anybody except the employer.
No, this amendment should not be supported at all, and I urge its defeat.
Madam Chairman, I thank the gentleman for yielding, and I thank him so much for his role in bringing this bill to the floor and the subcommittee where he chairs the subcommittee and in the full committee during the debate and here on the floor today, and I thank all of my colleagues who voted for this bill.
I don't know, maybe you have been doing business so long where you have been paying back your supporters, you think that is the way everybody does business. And that is why you have people heading down toward the courthouse and that is why you lost your leadership, because they were paying back their supporters.
Now, I know it is hard for you to change your stripes, and some of you will be wearing stripes, but the fact of the matter is, that is not the way we are doing business. But that is your language and that is your habit and the way you ran the Congress. It is pay to play. Pay to play.
Well, a new day is in town, and we are here today about whether or not workers will simply have the choice to exercise a right that has been in the law for 70 years, a right that can be taken away from them like that from an employer who simply says no to a majority of people who want representation in a workplace, a right that is part of the National Labor Relations Act. But it is revoked by employers, arbitrarily, without reason, without purpose. Then they can insert those employees into a process that is well documented now of hundreds of thousands of employees over the last decade that have been punished and had retribution, been harassed, lost pay, lost their homes, lost their jobs, lost their good shift, lost their premium time. That is the record. That is the record.
So the question is simply this: Will we give these employees the choice to decide, do I get to have an NLRB election, or do I want to choose this. Thirty percent can have an election. It takes 50 percent to have a card check.
And your secret ballot, Mr. McKeon, you forgot to have the secret ballot for the decertification election. Apparently you don't need a secret ballot for that. You just have a card check. Okay. Now we understand what is going on here.
Let's remember today that families find themselves in the most difficult of economic situations. Today, your employer, who has reduced your pension, they have terminated your pension, they have reduced the payments into your pension, they extend the time in years that you have to participate in the pension before you can vest. Your health care, they ask you to pay more for it and reduce the benefits that you are paying more for. They change your hours. They change your pay. They change your premium pay. They change your shift.
So finally people say, I have got to have some say. I want the right to organize at work. I need representation. As the new Senator from Virginia said, everybody needs an agent. ``I need somebody to negotiate with this employer because I am not able to support my family. My wages aren't going up.''
The productivity is going up, the highest productivity in the history of the country, and employees are taking home the smallest share. Who is taking the most home? The CEO's, with their arbitrary golden parachutes and golden handshakes. What about the person trying to support a middle-class family? What about the person trying to decide whether they can hold on to their house or if they can buy their first house? Where do they get to negotiate?
The law says go to the National Labor Relations Act, and there you find a provision that says an employee has the choice of how to do this. But if they choose a card check, the employer can take it away from them. That is not democracy. That is arbitrary. That is capricious. That is an outrage. These are real people. These are real people that have been hurt this way.
I conducted a hearing. Ivo Camilo worked for Blue Diamond Growers for 35 years. He was awarded all kinds of awards for being an outstanding employee. Thirty-five years he gave them his life. And then Ivo said he wanted a union and they fired him. And when he said that to our hearing, he started to cry. Thirty-five years he had worked, and he started to cry.
My granddaughter was sitting next to me in the hearing. She had to leave early, but she had her father call me from the car. She got on the phone and she said, ``Papa,'' she said, ``Papa, why did that man have to cry in front of all those people?''
I said, ``Montana, he cried because he was embarrassed to admit to other people that he couldn't provide for his family; that he had lost a job that he was proud of. He lost a job because he simply spoke up.''
Another constitutional right you forget sometimes, he simply spoke up and said, ``I would like to have representation at work.'' And so Ivo Camilo was fired, along with tens of thousands of
other workers who simply made that statement to their employer.
You believe that is a fair system? That is a fair system that people can be fired? And when he gets his job back, he gets his back pay, no penalty for doing this, and that is why 30,000 people have taken action against them, because there is no penalty for the employer to fire these people, because what do they want, they are trying to increase the security in the workplace, they are trying to increase the financial security of their families.
You can pick up the paper every day and understand what is happening to people with health care, with their pensions. You can see what happens every day. The wages of working people are flat. They have been decreasing over the years, even as they have been the best workforce in America, and now they understand the risks that they run.
They want more say. They want their employers to stop fooling around with pension plans and dipping into their retirement funds and putting those things at risk. That is what the Employee Free Choice Act does: it gives these employees a chance to have representation and protect the health and welfare and support of their families. I urge a vote against the McKeon amendment and in support of the legislation.
Madam Speaker, I rise in opposition to the motion to recommit.
Madam Speaker and Members of the House, this is one of the more cynical amendments that could be offered at this time. You are going out to organize a workplace, and the people you are going out to organize are the employees of a company.
Now, either that company has a large number or maybe a total workforce that is illegal, and they don't want you near them; or they are legal because they are employed there, because that employer is supposed to check to see whether or not they are legal and to certify that they are. That is the pool of people that you are seeking to employ.
Now, this administration, you know, I think in 2004, maybe fined five companies, or you can put them on one hand. They now want to shift their failure to enforce in the workplace to the union organizers that they somehow have to do immigration checks because neither the employer apparently did them, nor the administration did them.
This is simply outrageous that we would ask people to do this. The people who are working in the facility, whether it is a plant or a job site, the employer has certified that they are legal, and they are legal workers. Why is it we would shift this to the unions?
If this company is not properly certified, that is why the Federal Government is supposed to be inspecting them. But they don't inspect them, because you haven't done this in the past, because you haven't taken this problem as seriously as you should. But all of a sudden you decided on this bill you are going to take it seriously, and you are going to shift it on to the union organizing effort to check this. It is an outrageous and cynical approach.
If you take it seriously, if you take it seriously, then enforce the law. Enforce the law. You have been in power for 12 years. And apparently this is a problem that is so important that it only comes to light this evening. Enforce the law, 2004, three companies.
Madam Speaker, I yield time to Mr. Andrews from New Jersey.
You will have your opportunity to address immigration law. You will have that opportunity. You have tried to deny it over the last several years, but you're going to have it.
All this amendment says is you really dislike the unions even more than you dislike the illegal workers. That is what this says.
Point of Order
Madam Speaker, all I can tell you is these people over here, when it was a question of the company, illegal immigration didn't bother them. All of a sudden, nonunion, these folks over here want to put it on the back of the unions in a most unfair fashion.
Madam Speaker, I just want to say to the House, let's not vote for this cynical amendment. Let's vote ``no'' against this and not punish people who are out trying to organize for the benefits of their families and their communities and for their health care and for their wages and put this burden on them that this administration hasn't accepted and the employers haven't accepted or the employers are doing it illegally. Let's enforce this law and not make this a substitute for that.
I ask you to vote against this.
Madam Speaker, I demand a recorded vote.