H.R. 3094 - Workforce Democracy and Fairness Act

Workforce Democracy and Fairness Act

H.R. 3094 — 112^th Congress (2011–2012)

Summary

To amend the National Labor Relations Act with respect to representation hearings and the timing of elections of labor organizations under that Act. (by CRS)

Learn More

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Title

To amend the National Labor Relations Act with respect to representation hearings and the timing of elections of labor organizations under that Act.

Other Titles

• Workforce Democracy and Fairness Act
• Workforce Democracy and Fairness Act
• Workforce Democracy and Fairness Act

Sponsor

John Kline

Co-Sponsors

• Judy Biggert
• Glenn Thompson
• Francisco Canseco
• Scott DesJarlais
• Alan Nunnelee
• Joe Heck
• John Gingrey
• Larry Bucshon
• Steven Pearce
• Howard McKeon
• Dennis Ross
• Addison Wilson
• Sue Myrick
• Todd Rokita
• Trey Gowdy
• Martha Roby
• Spencer Bachus
• Roscoe Bartlett
• Ken Calvert
• Kristi Noem
• Aaron Schock
• Virginia Foxx
• Jeff Duncan
• Jean Schmidt
• Steve Austria
• Timothy Walberg
• Phil Roe
• Thomas Petri
• Andy Harris
• Steven Palazzo
• Mike Kelly
• Duncan Hunter
• Todd Platts
• Reid Ribble
• Steve Stivers
• David Schweikert
• Joe Walsh

Subjects

• Labor and employment
• Administrative remedies
• Labor-management relations
• National Labor Relations Board (NLRB)

Related Bills

• H.Res. 470 (112^th) : Providing for Consideration of the Bill (H.R. 3094) to Amend the National Labor Relations Act with Respect to Representation Hearings and the Timing of Elections of Labor Organizations Under That Act.
• S. 1843 (112^th) : Representation Fairness Restoration Act

Major Actions

Introduced	10/05/2011
Referred to Committee
Amendments (4 proposed)
Passed House	11/30/2011

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	On Motion to Rise With Recommendation That Enacting Clause Be Stricken: H.R. 3094 Workforce Democracy and Fairness Act	11/30/2011	This motion DID NOT PASS the House 176 voted YES 241 voted NO 17 voted present/not voting
select this vote	House	Amendment 1 to H.R. 3094	11/30/2011	This amendment DID NOT PASS the House 187 voted YES 228 voted NO 19 voted present/not voting
select this vote	House	Amendment 2 to H.R. 3094	11/30/2011	This amendment DID NOT PASS the House 181 voted YES 239 voted NO 14 voted present/not voting
select this vote	House	Amendment 3 to H.R. 3094	11/30/2011	This amendment DID NOT PASS the House 200 voted YES 221 voted NO 13 voted present/not voting
select this vote	House	Amendment 4 to H.R. 3094	11/30/2011	This amendment DID NOT PASS the House 188 voted YES 236 voted NO 10 voted present/not voting
select this vote	House	On Motion to Recommit with Instructions: H.R. 3094 Workforce Democracy and Fairness Act	11/30/2011	This motion DID NOT PASS the House 185 voted YES 239 voted NO 10 voted present/not voting
currently selected	House	On Passage - House - H.R. 3094 Workforce Democracy and Fairness Act	11/30/2011	This bill PASSED the House 235 voted YES 188 voted NO 11 voted present/not voting

	Action	Date	Description
	Introduced	10/05/2011
		10/05/2011	Referred to the House Committee on Education and the Workforce.
		10/12/2011	Committee Hearings Held.
		10/26/2011	Committee Consideration and Mark-up Session Held.
	Put on a legislative calendar	10/26/2011	Ordered to be Reported (Amended).
		11/10/2011	Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 112-276.
	Put on a legislative calendar	11/10/2011	Placed on the Union Calendar, Calendar No. 186.
		11/17/2011	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.
		11/18/2011	Rule H. Res. 470 passed House.
		11/30/2011	Considered under the provisions of rule H. Res. 470.
		11/30/2011	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.
		11/30/2011	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 470 and Rule XVIII.
		11/30/2011	The Speaker designated the Honorable Ted Poe to act as Chairman of the Committee.
		11/30/2011	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3094.
		11/30/2011	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.
		11/30/2011	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.
		11/30/2011	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.
		11/30/2011	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.
		11/30/2011	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.
		11/30/2011	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.
		11/30/2011	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.
		11/30/2011	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.
		11/30/2011	Ms. Moore moved to strike the enacting clause.
		11/30/2011	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.
		11/30/2011	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3094.
		11/30/2011	The previous question was ordered pursuant to the rule.
		11/30/2011	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.
		11/30/2011	Ms. Sutton moved to recommit with instructions to Education and the Workforce.
		11/30/2011	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.
		11/30/2011	The previous question on the motion to recommit with instructions was ordered without objection.
		11/30/2011	Motion to reconsider laid on the table Agreed to without objection.
select this vote	Vote	11/30/2011	On Motion to Rise With Recommendation That Enacting Clause Be Stricken: H.R. 3094 Workforce Democracy and Fairness Act
select this vote	Vote	11/30/2011	Amendment 1 to H.R. 3094
select this vote	Vote	11/30/2011	Amendment 2 to H.R. 3094
select this vote	Vote	11/30/2011	Amendment 3 to H.R. 3094
select this vote	Vote	11/30/2011	Amendment 4 to H.R. 3094
select this vote	Vote	11/30/2011	On Motion to Recommit with Instructions: H.R. 3094 Workforce Democracy and Fairness Act
currently selected	House Vote on Passage	11/30/2011	On Passage - House - H.R. 3094 Workforce Democracy and Fairness Act
		11/30/2011	Amendment (A001) offered by Mr. Bishop (NY).
		11/30/2011	Amendment (A002) offered by Mr. Boswell.
		11/30/2011	Amendment (A003) offered by Mr. Walz (MN).
		11/30/2011	Amendment (A004) offered by Ms. Jackson Lee (TX).
		11/30/2011	Amendment in the nature of a substitute reported by the House Committee on Education and the Workforce.
		11/30/2011	On agreeing to the Education and the Workforce amendment (A0 Agreed to by voice vote.
		12/01/2011	Received in the Senate.
		12/15/2011	Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
	Put on a legislative calendar	12/16/2011	Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 262.

	Number	Sponsor	Date Offered	Status
select this vote	H. Amdt. 877	Bishop, Timothy [D-NY1]	November 30, 2011	Failed by roll call vote on November 30, 2011.
	Amendment sought to give the Board authority to impose sanctions on a party for presenting a frivolous or vexatious filing during pre-election proceedings. Show amendment details
select this vote	H. Amdt. 878	Boswell, Leonard [D-IA3]	November 30, 2011	Failed by roll call vote on November 30, 2011.
	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 prohibited from raising new, frivolous issues as a dilatory tactic. Show amendment details
select this vote	H. Amdt. 879	Walz, Timothy [D-MN1]	November 30, 2011	Failed by roll call vote on November 30, 2011.
	Amendment sought to prevent this Act 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. Show amendment details
select this vote	H. Amdt. 880	Jackson-Lee, Sheila [D-TX18]	November 30, 2011	Failed by roll call vote on November 30, 2011.
	Amendment sought to strike a section of the bill to ensure that employers would not be able to unnecessarily delay an election. Show amendment details