H.R. 2474 - Protecting the Right to Organize Act of 2019

Bill Text

    Text of H.R. 2474 PDF XML

    (as reported)

    H. Rept. 116-347 PDF

    Report from the Committee on Education and Labor to accompany H.R. 2474

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE OF 9-4 on Wednesday, February 5, 2020.

FLOOR ACTION ON H. RES. 833: 
Agreed to by record vote of 220-194, after agreeing to the previous question by record vote of 224-194, on Thursday, February 6, 2020.

MANAGERS: DeSaulnier/Burgess

1. Closed rule for H.Res. 826.
2. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.
3. Waives all points of order against consideration of the resolution.
4. Provides that the resolution shall be considered as read.
5. Structured rule for H.R. 2474.
6. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor.
7. Waives all points of order against consideration of the bill.
8. Provides that the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill, modified by the amendment printed in part A of the Rules Committee Report, shall be considered as adopted and the bill, as amended, shall be considered as read.
9. Waives all points of order against provisions in the bill, as amended.
10. Makes in order only those amendment printed in part B of the Rules Committee report accompanying the resolution. Each amendment made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
11. Waives all points of order against the amendments printed in Part B of
the report.
12. Provides one motion to recommit with or without instructions.

13. Structured rule for H.R. 5687.
14. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations.
15. Waives all points of order against consideration of the bill.
16. Provides that the bill shall be considered as read.
17. Waives all points of order against provisions in the bill.
18. Provides that clause 2(e) of Rule XXI shall not apply during consideration of the bill.
19. Makes in order only those amendments printed in Part C of the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
20. Waives all points of order against the amendments printed in Part C of the report.
21. Provides one motion to recommit with or without instructions.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Wright (TX)RepublicanStrikes the section of the bill that mandates binding arbitration to settle first negotiation impasses.Submitted
2Version 1Rooney (FL)RepublicanAmends the National Labor Relations Act to permit the cancelation of the due’s checkoff provisions from the employee’s paycheck by the employer to a labor organization when the agreement establishing such a deduction expires. In right-to-work states, allows employees to cancel such deductions at any time.Submitted
3Version 1Rooney (FL)RepublicanAdds transparency reporting requirements to union trust funds, officers’ compensation packages, and disclosure of potential conflicts of interest. Also includes protections for union employees who report misconduct.Submitted
4Version 1Rooney (FL)RepublicanProvides whistleblower protection for union employees.Submitted
5Version 1Rooney (FL)RepublicanClarifies that organizations claiming to represent employees regarding the terms and conditions of employment with employers follow the same Labor-Management Reporting and Disclosure Act requirements as labor unions.Submitted
6Version 1Rooney (FL)RepublicanAllows employees to petition for a union certification election when fewer than 50% of current ‘unit members’ were members during the last election.Made in Order
7Version 1Allen (GA)RepublicanStrikes provision overturning state right-to-work laws.Made in Order
8Version 1Johnson, Dusty (SD)RepublicanPermits employers to reward employees with higher compensation than what is agreed upon in a collective bargaining agreement.Submitted
9Version 1Walberg (MI)RepublicanEnsures no action taken to reduce the risk of human trafficking in the supply chain shall be used as evidence of a joint-employer relationship under the National Labor Relations Act.Submitted
10Version 1Comer (KY)RepublicanStrikes provision legalizing secondary boycotts.Submitted
11Version 1Stefanik (NY)RepublicanStrikes provision that significantly narrows independent-contractor status by defining a worker as an “employee” unless he or she is “free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact;” “the service is performed outside the usual course of business of the employer;” and “the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.”Submitted
12Version 1Byrne (AL)RepublicanStrikes provision allowing a joint-employer relationship to be determined by “indirect or reserved control” over “essential terms and conditions of employment” and replaces it with a standard requiring that a person “directly, actually, and immediately, and not in a limited and routine manner, exercises significant control over essential terms and conditions of employment” in order to be considered a joint employer.Submitted
13Version 1Ryan (OH), Kaptur (OH)DemocratRevises the priorities section of the bankruptcy code to re-define all claims for unfunded vested benefits in defined benefit pension plan as “administrative expenses” which under bankruptcy law, must be paid before all other claims. This puts pension benefits on the same level as bankruptcy attorneys’ fees and other highest-priority claims that a company must pay out in full before paying other claims.Submitted
14Version 2DelBene (WA), Stevens (MI), Suozzi (NY), Foster (IL), Peters (CA), Spanberger (VA), Himes (CT)DemocratRevised Authorizes a total of $20 million for competitive grants to fund a portable benefits pilot program to encourage an entrepreneurial economy.Revised
15Version 1Rooney (FL)RepublicanAmends the National Labor Relations Act to protect religious organizations.Submitted
16Version 1Norcross (NJ)DemocratRequires that pre-election hearings before the National Labor Relations Board (NLRB) are conducted on a day-to-day basis.Made in Order
17Version 1Norcross (NJ)DemocratWithdrawn Adds contributions to the pension fund, 401(k) or any other retirement contribution that the employer and employee were in contractual agreement to list of available relief.Withdrawn
18Version 1Foxx (NC)RepublicanRevokes the exclusive bargaining status of unions that engage in violence and prevents the National Labor Relations Board from reinstating employees who are fired for engaging in violence.Submitted
19Version 1Smucker (PA)RepublicanRequires unions to receive express consent from a worker before using his or her union dues for purposes other than collective bargaining.Submitted
20Version 1Roe (TN)RepublicanStrikes provision allowing unions to be certified without winning a secret ballot election under certain circumstances and replaces with a requirement that all unions win a secret-ballot election in order to be certified.Made in Order
21Version 1Foxx (NC)RepublicanStrikes provision requiring that employers turn over employees’ personal information to a labor union within two days of the National Labor Relations Board ordering a representation election.Made in Order
22Version 1Foxx (NC)RepublicanCodifies health insurance benefits as a mandatory subject of collective bargaining.Submitted
23Version 1Foxx (NC)RepublicanClarifies that profanity or language that is derogatory on the basis of race, color, religion, sex, national origin, age, or disability is not protected activity under the National Labor Relations Act and that employers may suspend, permanently discharge, or otherwise discipline employees for using such language.Submitted
24Version 1Hayes (CT)DemocratCodifies the current precedent of the National Labor Relations Board governing voluntary recognition of a union by an employer which ensures collective bargaining between the union and employer can proceed for a reasonable period of time (one year) without requiring an intervening election.Made in Order
25Version 1Foxx (NC)RepublicanRequires that unions covered under the Labor-Management Reporting and Disclosure Act that have had at least one President or Vice President convicted of a felony related to financial malfeasance with respect to the union within the past year file more detailed financial disclosures with the Office of Labor-Management Standards.Submitted
26Version 1Keller (PA)RepublicanStrikes provisions of H.R. 2474 that allow intermittent strikes and that makes it illegal for employers to replace striking workers permanently.Made in Order
27Version 1Thompson, Glenn (PA)RepublicanRequires each employer to include explanations of employee rights and protections under the National Labor Relations Act to not pay for union spending beyond collective bargaining (Beck rights) and the process to decertify a union.Submitted
28Version 1Phillips (MN), Davis, Rodney (IL), Johnson, Dusty (SD), Roe (TN), Schrader (OR)Bi-PartisanClarifies that the maintenance and control exercised by a franchisor over a franchisee as required by the Lanham Act cannot be used to establish an employer-employee relationship between franchisor and franchisee or franchisor and employees of the franchisee.Submitted
29Version 1Cuellar (TX), Chabot (OH), Peters (CA), Phillips (MN), Correa (CA), Reed (NY), Davis, Rodney (IL), Johnson, Dusty (SD), Hern (OK), Hagedorn (MN), Schrader (OR), Estes (KS), Gottheimer (NJ)Bi-PartisanClarifies the franchisor brand’s efforts to preserve their trademark by ensuring franchisee brands are uniform and guaranteeing franchisee brands would not be classified as evidence of joint employment. Employment controls, such as hiring, firing, pay and scheduling would not be considered a protected trademark control.Submitted
30Version 2Vargas (CA)DemocratRevised Requires regional directors to transmit the Notice of Election at the same time as the Direction of Election. Both the Notice and the Direction must be transmitted electronically--including by email or fax--and if neither are possible, must be transmitted by over-night mail.Made in Order
31Version 1Lawrence (MI)DemocratEliminates the waiting period for union elections and returns the requirement that NLRB’s regional directors schedule elections as “early as practicable.” The amendment ensures that the election will happen no later than 20 days after it’s directed, unless extraordinary circumstances warrant otherwise.Made in Order
32Version 1Hern (OK)RepublicanEnsures this bill does not take effect until the Secretary of Labor certifies that the bill will not have an adverse impact on rates of employment in the United States.Submitted
33Version 1Hern (OK)RepublicanEnsures this bill does not take effect until the Secretary of Labor certifies that the bill will not have an adverse impact on rates of employment of individuals who are minorities in the United States.Submitted
34Version 1Stevens (MI), Sherrill (NJ), Peters (CA), Cisneros (CA), DelBene (WA), Lee, Susie (NV), Kilmer (WA), Wild (PA), Himes (CT), Foster (IL), Suozzi (NY), Allred (TX), Rouda (CA), Rice, Kathleen (NY), Houlahan (PA), Schrier (WA), Phillips (MN), Fletcher (TX), Spanberger (VA)DemocratRequires a GAO report on sectoral bargaining, portable benefits, and feasibility of new employee classification.Submitted
35Version 1Hern (OK)RepublicanEnsures this bill does not take effect until the Secretary of Labor certifies that the bill will not have an adverse impact on rates of employment of women in the United States.Submitted
36Version 1Stevens (MI)DemocratDirects the GAO to conduct a report on sectoral bargaining in other countries.Made in Order
37Version 1Jackson Lee (TX)DemocratProvides whistleblower protections to employees who report violations of the Labor Management Reporting and Disclosure Act (LMRDA). This amendment covers employees of employers as well as employees of labor unions.Made in Order
38Version 1Meadows (NC), Norman (SC), Budd (NC), Wright (TX), Lamborn (CO), Yoho (FL), Kustoff (TN), Weber (TX), Gohmert (TX), Spano (FL), Bucshon (IN)RepublicanStrikes provisions that impair States’ ability to enact right-to-work laws.Made in Order
39Version 1Rouda (CA)DemocratClarifies that nothing in this Act shall be construed to affect the jurisdictional standards of the NLRB with respect to small businesses.Made in Order
40Version 1Tlaib (MI)DemocratRequires employers to post a Notice of a Petition for Election within two days after the NLRB notifies an employer and union about a pre-election hearing, thereby restoring the 2014 Election Rule.Made in Order
41Version 1Norman (SC)RepublicanLate Amends the Hobbs Anti-Extortion Act to eliminate the judicially-created exemption for union-related violence and extortion.Submitted
42Version 1Wild (PA)DemocratLate Clarifies that this bill shall not be construed to affect the privacy of employees with respect to voters' lists provided to labor organizations by employers pursuant to elections directed by the Board.Made in Order
43Version 1Lawrence (MI)DemocratLate Requires a GAO study and report to Congress on the number of cases under the NLRB’s jurisdiction brought forth by employees, disaggregated by sex and minority group member status, and may not include any personally identifiable information. Additionally, GAO must recommend how “bias training” could successfully be implemented to ensure that employees are not being discriminated against in such labor cases.Submitted
44Version 1Perry (PA)RepublicanLate Sets the Davis-Bacon prevailing wage threshold at $250,000 – equal to the Simplified Acquisition Threshold – and indexes it to inflation.Submitted
45Version 1Perry (PA)RepublicanLate Requires DOL to calculate Davis Bacon prevailing wage rates based on scientifically sound BLS surveys.Submitted
46Version 1Morelle (NY)DemocratLate Clarifies that the ABC test included in the PRO Act does not preempt any State laws governing the wages, work hours, workers’ compensation, or unemployment insurance of employees.Made in Order
47Version 1Scott, Bobby (VA)DemocratMANAGER’S AMENDMENT Late States that amendments under this Act shall not be construed to amend section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).Considered as Adopted
48Version 1Davis, Rodney (IL)RepublicanLate Requires that no civil penalties collected under the authority of the bill be used to make any payment in support of a campaign for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to Congress.Submitted