US Congress House Bill 3094 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 38-0)
Status: Engrossed on December 1 2011 - 50% progression, died in chamber
Action: 2011-12-16 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 262.
Text: Latest bill text (Introduced) [PDF]

Workforce Democracy and Fairness Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interest are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Requires the NLRB, upon due notice, to provide a hearing at least 14 days after the filing of an election petition for collective bargaining representation to investigate those petitions the NLRB has reasonable cause to believe have a question of representation affecting commerce. Requires such hearings be non-adversarial. Requires the NLRB to: (1) direct an election by secret ballot as soon as practicable, but in any event not before 35 calendar days following the filing of an election petition, in cases where a question of representation exists; and (2) acquire, at least 7 days after its final determination of the appropriate bargaining unit, a list of all eligible voters (including certain informational data) from the employer and make it available to all parties.

Workforce Democracy and Fairness Act

Rep. John Kline [R-MN]	Rep. Steve Austria [R-OH]	Rep. Spencer Bachus [R-AL]	Rep. Roscoe Bartlett [R-MD]
Rep. Judy Biggert [R-IL]	Rep. Larry Bucshon [R-IN]	Rep. Ken Calvert [R-CA]	Rep. Francisco Canseco [R-TX]
Rep. Scott DesJarlais [R-TN]	Rep. Jeff Duncan [R-SC]	Rep. Virginia Foxx [R-NC]	Rep. Phil Gingrey [R-GA]
Rep. Trey Gowdy [R-SC]	Rep. Andy Harris [R-MD]	Rep. Joseph Heck [R-NV]	Rep. Duncan Hunter [R-CA]
Rep. Mike Kelly [R-PA]	Rep. Howard McKeon [R-CA]	Rep. Sue Myrick [R-NC]	Rep. Kristi Noem [R-SD]
Rep. Alan Nunnelee [R-MS]	Rep. Steven Palazzo [R-MS]	Rep. Stevan Pearce [R-NM]	Rep. Thomas Petri [R-WI]
Rep. Todd Platts [R-PA]	Rep. Reid Ribble [R-WI]	Rep. Martha Roby [R-AL]	Rep. David Roe [R-TN]
Rep. Todd Rokita [R-IN]	Rep. Dennis Ross [R-FL]	Rep. Jean Schmidt [R-OH]	Rep. Aaron Schock [R-IL]
Rep. David Schweikert [R-AZ]	Rep. Steve Stivers [R-OH]	Rep. Glenn Thompson [R-PA]	Rep. Tim Walberg [R-MI]
Rep. Joe Walsh [R-IL]	Rep. Joe Wilson [R-SC]

2011-11-30 - House - On Passage (Y: 235 N: 188 NV: 10 Abs: 0) [PASS]
2011-11-30 - House - On Motion to Recommit with Instructions (Y: 185 N: 239 NV: 9 Abs: 0) [FAIL]
2011-11-30 - House - On Agreeing to the Amendment (Y: 188 N: 236 NV: 9 Abs: 0) [FAIL]
2011-11-30 - House - On Agreeing to the Amendment (Y: 200 N: 221 NV: 12 Abs: 0) [FAIL]
2011-11-30 - House - On Agreeing to the Amendment (Y: 181 N: 239 NV: 13 Abs: 0) [FAIL]
2011-11-30 - House - On Agreeing to the Amendment (Y: 187 N: 228 NV: 18 Abs: 0) [FAIL]
2011-11-30 - House - On Motion to Rise With Recommendation That Enacting Clause Be Stricken (Y: 176 N: 241 NV: 16 Abs: 0) [FAIL]

Date	Chamber	Action
2011-12-16	Senate	Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 262.
2011-12-15	Senate	Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
2011-12-01	Senate	Received in the Senate.
2011-11-30	House	Motion to reconsider laid on the table Agreed to without objection.
2011-11-30	House	On passage Passed by recorded vote: 235 - 188 (Roll no. 869).
2011-11-30	House	On motion to recommit with instructions Failed by recorded vote: 185 - 239 (Roll no. 868). (consideration: CR H7985)
2011-11-30	House	The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7985)
2011-11-30	House	DEBATE - The House proceeded with 10 minutes of debate on the Sutton motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to amend the National Labor Relations Act by adding provisions that ensure a level playing field for employees, fair and equal access to voters prior to an election, and discourages outsourcing of jobs, pending reservation of a point of order. Subsequently, the reservation of a point of order was withdrawn.
2011-11-30	House	Ms. Sutton moved to recommit with instructions to Education and the Workforce. (consideration: CR H7984-7985; text: CR H7984)
2011-11-30	House	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. (text of committee amendment in the nature of a substitute: CR H7972-7973)
2011-11-30	House	The previous question was ordered pursuant to the rule. (consideration: CR H7984)
2011-11-30	House	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3094.
2011-11-30	House	H.AMDT.881 On agreeing to the Education and the Workforce amendment (A0 Agreed to by voice vote.
2011-11-30	House	H.AMDT.881 Amendment in the nature of a substitute reported by the House Committee on Education and the Workforce.Amendment in the nature of a substitute
2011-11-30	House	H.AMDT.880 On agreeing to the Jackson Lee (TX) amendment (A004) Failed by recorded vote: 188 - 236 (Roll no. 867).
2011-11-30	House	H.AMDT.879 On agreeing to the Walz (MN) amendment (A003) Failed by recorded vote: 200 - 221 (Roll no. 866).
2011-11-30	House	H.AMDT.878 On agreeing to the Boswell amendment (A002) Failed by recorded vote: 181 - 239 (Roll no. 865).
2011-11-30	House	H.AMDT.877 On agreeing to the Bishop (NY) amendment (A001) Failed by recorded vote: 187 - 228 (Roll no. 864).
2011-11-30	House	On motion to strike the enacting clause Failed by recorded vote: 176 - 241 (Roll no. 863).
2011-11-30	House	DEBATE - Mrs. Moore was recognized for 5 minutes to move that the Committee rise and report the bill to the House with recommendation that the enacting clause be striken.
2011-11-30	House	Ms. Moore moved to strike the enacting clause.
2011-11-30	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mrs. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
2011-11-30	House	DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 4.
2011-11-30	House	H.AMDT.880 Amendment (A004) offered by Ms. Jackson Lee (TX). (consideration: CR H7977-7979, H7983; text: CR H7977)Amendment sought to strike the provisions in the bill which deal with the timeframe in which an election can go on and in which the employer can unnecessarily delay that election.
2011-11-30	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Walz amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Walz demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
2011-11-30	House	DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Walz amendment No. 3.
2011-11-30	House	H.AMDT.879 Amendment (A003) offered by Mr. Walz (MN). (consideration: CR H7976-7977, H7982-7983; text: CR H7976)Amendment sought to prevent the bill from applying to businesses that have been cited for violating labor laws in the past year against employees who are veterans of the Armed Forces.
2011-11-30	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Boswell amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Boswell demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
2011-11-30	House	DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Boswell amendment No. 2.
2011-11-30	House	H.AMDT.878 Amendment (A002) offered by Mr. Boswell. (consideration: CR H7974-7976, H7981-7982; text: CR H7974)Amendment sought to prevent employers that have paid any executive compensation bonuses in excess of 10,000 percent of the annual compensation of the average employee from engaging in open-ended litigation. Such parties are required to state their issues or positions at the outset of pre-election hearings, and would be prohibited from raising new, frivolous issues as a dilatory tactic.
2011-11-30	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Bishop (NY) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Bishop (NY) demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
2011-11-30	House	DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Bishop (NY) amendment No. 1.
2011-11-30	House	H.AMDT.877 Amendment (A001) offered by Mr. Bishop (NY). (consideration: CR H7973-7974, H7981; text: CR H7973)Amendment sought to give the Board authority to impose sanctions on a party for presenting a frivolous or vexatious filing during pre-election proceedings.
2011-11-30	House	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3094.
2011-11-30	House	The Speaker designated the Honorable Ted Poe to act as Chairman of the Committee.
2011-11-30	House	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 470 and Rule XVIII.
2011-11-30	House	Rule provides for consideration of H.R. 3094 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. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Education and Workforce now printed in the bill shall be considered as orginial text for the purpose of amendment and shall be considered as read. The resolution waives all points of order against the committee amendment in the nature of a substitute.
2011-11-30	House	Considered under the provisions of rule H. Res. 470. (consideration: CR H7957-7986)
2011-11-18	House	Rule H. Res. 470 passed House.
2011-11-17	House	Rules Committee Resolution H. Res. 470 Reported to House. Rule provides for consideration of H.R. 3094 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. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Education and Workforce now printed in the bill shall be considered as orginial text for the purpose of amendment and shall be considered as read. The resolution waives all points of order against the committee amendment in the nature of a substitute.
2011-11-10	House	Placed on the Union Calendar, Calendar No. 186.
2011-11-10	House	Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 112-276.
2011-10-26	House	Ordered to be Reported (Amended).
2011-10-26	House	Committee Consideration and Mark-up Session Held.
2011-10-12	House	Committee Hearings Held.
2011-10-05	House	Referred to the House Committee on Education and the Workforce.

HR470 (Related) 2011-11-18 - Motion to reconsider laid on the table Agreed to without objection.
SB1843 (Related) 2011-11-10 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/3094/all-info
Text	https://www.congress.gov/112/bills/hr3094/BILLS-112hr3094ih.pdf
Text	https://www.congress.gov/112/bills/hr3094/BILLS-112hr3094rh.pdf
Text	https://www.congress.gov/112/bills/hr3094/BILLS-112hr3094eh.pdf
Text	https://www.congress.gov/112/bills/hr3094/BILLS-112hr3094pcs.pdf
Roll Call	https://clerk.house.gov/Votes/2011863
Roll Call	https://clerk.house.gov/Votes/2011864
Roll Call	https://clerk.house.gov/Votes/2011865
Roll Call	https://clerk.house.gov/Votes/2011866
Roll Call	https://clerk.house.gov/Votes/2011867
Roll Call	https://clerk.house.gov/Votes/2011868
Roll Call	https://clerk.house.gov/Votes/2011869