Providing for Congressional Disapproval of a Rule Submitted by the National Labor Relations Board

Floor Speech

BREAK IN TRANSCRIPT

Mr. Speaker, I rise in opposition to S.J. Res. 8.

The Congressional Review Act resolution of disapproval that we are considering today would undo the NLRB's election rule. The National Labor Relations Board election rule was promulgated to make the election process more efficient and fair.

The current process to hold an election on whether to form a union is badly broken. After workers have filed a petition to hold an election, bad actors can use frivolous litigation to stall an election for months, even years. Election delays can provide opportunities for unscrupulous employers to engage in threats, coercion, and intimidation of workers. These delays can be exploited to violate workers' rights, including firing pro-union workers or threatening to close the plant if the workers choose to vote a certain way.

We all know that the sanctions against violations are insufficient to deter the unscrupulous activities, including firing pro-union employees.

Researchers from the Center for Labor Research and Education at Berkeley found that the longer the delay before the union election, the more likely the employer was to engage in illegal conduct that violates its employees' rights. The NLRB election rule would help prevent the illegal intimidation and coercion of workers.

Mr. Speaker, this regulation provides targeted solutions to discrete, specifically identifiable problems. The rule brings into the 21st century the updating of rules involving the transmission of documents and communications, allowing you to use email and electronic communication rather than paper. It will enable the Board to better
fulfill its responsibility to protect employees' rights by fairly, accurately, and quickly resolving issues of representation.

In many cases, the rule just simplifies and standardizes practices that have been common in regions all over the country already, or reflects existing practices used in civil actions. The rule does not change substantive law involving elections. It just makes sure that you can have a timely election.

These modest updates provide workers and employees with reasonable time to consider unionization while preventing unreasonable delay by bad actors.

Now, Mr. Speaker, this resolution isn't going to go very far. The administration has already issued a Statement of Administration Policy that I would like to quote from. It says that:

``The Board's modest reforms will help simplify and streamline private sector union elections, thereby reducing delays before workers can have a free and fair vote on whether or not to form or join a union.''

It goes on to say that:

``Giving workers greater voice can help ensure that the link is restored between hard work and opportunity and that the benefits of the current economic recovery are more broadly shared.

``The National Labor Relations Board's representation case procedures rule helps to level the playing field for workers so they can more freely choose to make their voice heard. In doing so, it will help us build an economy that gives greater economic opportunities and security for middle-class families and those working to join the middle class.''

It concludes, Mr. Speaker, that:

``If the President were presented with S.J. Res. 8, his senior advisors would recommend that he veto the Resolution.''

Mr. Speaker, instead of wasting time on this resolution, we should be addressing job creation, stagnating wages, economic inequality, and working to improve opportunities for Americans, rather than considering this resolution.

Break in Transcript

Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may consume.

The rule that is subject to this resolution creates no substantive change in the law. It just requires that an election be timely. We have heard this 11-day myth. Let me just go through a little about that myth and how you get to the 11 days.

First of all, the regional office would have to issue a notice of a hearing on the same day that the union would have filed the election petition. The hearing would have to be held as soon as possible and last only one day, and the regional director would have to issue an opinion on the same day.

Right now, it currently takes a median of 20 days for the regional director to issue a decision on the hearing, and there is no reason to believe that it would be any shorter under this rule.

The union would have to waive all of its rights to get information in terms of contact lists and things like that, and the region would have to schedule the election on the very first day possible. The chance that all of that is going to happen to get you down to 11 days is just very improbable.

The administration has already indicated that its senior advisers would recommend a veto of this legislation, so it is not going anywhere.

I look forward to working with the chair of the committee to do what we can to create jobs and to increase wages and to create safe workplaces. I would hope that the chair and I will get together on that rather than waste time on this resolution.

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