H.R. 842 - Protecting the Right to Organize Act of 2021

Bill Text

    Text of H.R. 842 PDF XML

    (as introduced)

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 8-3 on Monday, March 8, 2021.

FLOOR ACTION ON H. RES. 188: 
Agreed to by record vote of 218-197, after agreeing to the previous question by record vote of 213-195, on Monday, March 8, 2021.

MANAGERS: DeSaulnier/Fischbach

1. Structured rule for H.R. 842.
2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their designees.
3. Waives all points of order against consideration of the bill.
4. Provides that 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.
5. Waives all points of order against provisions in the bill, as amended.
6. Provides that following debate, each further amendment printed in part B of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 3 shall be considered 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debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Provides that at any time after debate the chair of the Committee on Education and Labor or his designee may offer amendments en bloc consisting of further amendments printed in part B of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
8. Provides one motion to recommit.

9. Structured rule for H.R. 8.
10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees.
11. Waives all points of order against consideration of the bill.
12. Provides that the bill shall be considered as read.
13. Waives all points of order against provisions in the bill.
14. Provides that following debate, each further amendment printed in part C of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 6 shall be considered 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, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
15. Provides that at any time after debate the chair of the Committee on the Judiciary or his designee may offer amendments en bloc consisting of further amendments printed in part C of this report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
16. Provides one motion to recommit.
17. Structured rule for H.R. 1446.
18. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees.
19. Waives all points of order against consideration of the bill.
20. Provides that the bill shall be considered as read.
21. Waives all points of order against provisions in the bill.
22. Provides that following debate, each further amendment printed in part D of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 9 shall be considered 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, may be withdrawn by the proponent at any time before the
question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
23. Provides that at any time after debate the chair of the Committee on the Judiciary or his designee may offer amendments en bloc consisting of further amendments printed in part D of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
24. Provides one motion to recommit.
25. Waives all points of order against amendments printed in Parts B, C, and D of the Rules Committee report or amendments en bloc described in sections 3, 6, and 9 of the resolution.
26. Section 11 provides that on any legislative day during the period from March 13, 2021, through April 22, 2021— (a) the Journal of the proceedings of the previous day shall be considered as approved; and (b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.
27. Provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 11 as though under clause 8(a) of rule I.
28. Provides that each day during the period addressed by section 11 shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546); a legislative day for purposes of clause 7 of rule XIII (resolutions of inquiry); or a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII (motions to instruct).
29. Provides that it shall be in order at any time through the calendar day of April 22, 2021, for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.
30. Provides that the requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of April 22, 2021.
31. Amends Section 4(d) of House Resolution 8, One Hundred Seventeenth Congress, by adding at the end the following: “(5) the Select Committee shall be composed of 16 Members, Delegates, or the Resident Commissioner appointed by the Speaker, of whom 7 shall be appointed on the recommendation of the Minority Leader.”.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Hern (OK)RepublicanCodifies three Trump Administration executive orders that hold federal workers and unions accountable for misusing taxpayer resources.Submitted
2Version 1Hern (OK)RepublicanStates that this act shall not take effect until the Department of Labor certifies that this bill will not have an adverse impact on rates of employment of women in the United States.Submitted
3Version 1Hern (OK)RepublicanPrevents any Paycheck Protection Program funds from being utilized to implement any provisions within this bill.Submitted
4Version 1Hern (OK)RepublicanProhibits COVID-19 funds from being made available to labor organizations and any funds that are withheld shall be redirected to the Department of Education to reopen schools.Submitted
5Version 1Stefanik (NY), Steel, Michelle (CA), Good (VA), Harshbarger (TN)RepublicanStrikes the provision which significantly narrows independent-contractor status by defining “employee” using the so-called “ABC” test set forth in the California Supreme Court’s 2018 Dynamex decision.Submitted
6Version 1Hern (OK)RepublicanStates that the Act may 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.Made in Order
7Version 1Hern (OK)RepublicanAdds a finding that right-to-work laws offer worker freedom and that repealing such laws would negatively impact millions of Americans and strikes the section of the bill repealing right-to-work laws.Submitted
8Version 1Tlaib (MI)DemocratEstablishes a 120-day timeline for the tripartite arbitration process between the employees/labor organization and employer in order to ensure that the arbitration process is not indefinitely drawn out.Made in Order
9Version 1Hern (OK)RepublicanStates that this bill shall not take effect until the Administrator of the Small Business Administration certifies that no small business job loss will result from its enactment.Submitted
10Version 1Hern (OK)RepublicanProhibits labor organizations from communicating with an employee on joining a union if they are not authorized to work in the U.S.Submitted
11Version 1Hern (OK)RepublicanStates that this Act 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
12Version 2Jackson Lee (TX)DemocratRevised Provides whistleblower protections to employees who report violations of the Labor Management Reporting and Disclosure Act (LMRDA) with this amendment covering employees of employers as well as employees of labor unions.Made in Order
13Version 1Carl, Jerry (AL)RepublicanStrikes the provision of the bill that expands the definition of "employee" to include workers previously classified as independent contractors.Submitted
14Version 1Scott, Bobby (VA)DemocratMANAGER’S AMENDMENT 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
15Version 1Hinson (IA)RepublicanAdds whistleblower protections to prevent the discrimination or firing of any individuals who report or assist in reporting any violations of this bill.Submitted
16Version 1Keller (PA)RepublicanStrikes language in the bill banning employers from permanently replacing striking workers and language which permits intermittent striking. The NLRA currently protects the right of employees to replace striking workers permanently, and the NLRB has held that “intermittent” strikes are not protected activity under the NLRA.Made in Order
17Version 1Murphy, Gregory (NC)RepublicanCreates a private right of action for liquidated damages and civil penalties equivalent to the bill’s employer unfair labor practice civil penalties if a union fails to protect workers’ personal information received for an organizing drive and a unions’ right to use employees’ personal information concludes at the end of the representation proceeding, and any use of the information for purposes other than the representation proceeding would be a violation of the NLRA.Submitted
18Version 1Good (VA)RepublicanAmends section 302 of the Labor Management Relations Act to prohibit "neutrality agreements", to allow for greater fairness and transparency for workers in their representation.Made in Order
19Version 1Banks (IN), Arrington (TX)RepublicanRequires union authorization cards to be accompanied with proof that the signer is legally authorized to be working in the United States in order for the card to be considered valid by the NLRB.Submitted
20Version 1Comer (KY)RepublicanStrikes language in the bill legalizing secondary boycotts. The NLRA currently bans unions from striking against the vendors or business partners of a company the union is attempting to organize as a way to pressure the targeted company.Submitted
21Version 1Comer (KY)RepublicanStrikes Sec. 202 of the bill which codifies the Obama Administration’s “persuader rule” requiring attorneys and consultants to disclose to DOL arrangements or agreements they have with employers regarding unionization where the attorney or consultant will not be communicating with employees.Made in Order
22Version 1Torres, Ritchie (NY)DemocratRevises the Labor-Management and Disclosure Act of 1959 to require the Department of Labor to make disclosures under the persuader rule publicly available in an accessible and searchable electronic form, and through a secure software application for use on an electronic device.Made in Order
23Version 1Thompson, Glenn (PA)RepublicanRequires the National Labor Relations Board to promulgate regulations requiring each employer to post and maintain a notice informing workers of their rights under the National Labor Relations Act. Additionally, the amendment specifies that such posting must include an explanation of workers’ Beck rights to refrain from union membership and paying for non-bargaining-related expenses, as well as an explanation of the right and process to decertify a union.Submitted
24Version 1Walberg (MI)RepublicanStrike the language in the bill requiring that a pre-election hearing begin no later than eight days after a notice of such hearing is served and replaces the provision with language ensuring at least 14 days between the filing of an election petition and a hearing taking place.Made in Order
25Version 1Bourdeaux (GA)DemocratClarifies that nothing in this Act shall be construed to affect the jurisdictional standards of the NLRB with respect to small businesses, including any standards those that measure the size of a business with respect to revenues, that are used to determine whether an industry is affecting commerce for purposes of determining coverage under the National Labor Relations Act.Made in Order
26Version 1Walberg (MI)RepublicanClarifies that no action taken to reduce the risk of human trafficking in a supply chain shall be used as evidence of a joint-employer relationship under the NLRA.Submitted
27Version 1Allen (GA)RepublicanStrikes the section of the bill which allows unions to be certified without winning a secret ballot election under certain circumstances and replaces the provision with language requiring all unions covered by the NLRA to win a secret-ballot election in order to be certifiedSubmitted
28Version 1Allen (GA)RepublicanAmends the bill to state that mandatory arbitration agreements cannot force the members of a bargaining unit into a multiemployer pension plan.Submitted
29Version 1Allen (GA)RepublicanStrikes the section of the bill which requires that employers turn over employees’ personal information to a labor union within two days of the NLRB ordering a representation election and replaces this provision with a requirement that employers receive express consent from employees before sharing their personal information with a union.Submitted
30Version 1DelBene (WA), Stevens (MI), Foster (IL), Peters (CA), Kilmer (WA)DemocratAuthorizes a total of $20 million for competitive grants to states, local governments, or nonprofits to fund a portable benefits pilot program to encourage an entrepreneurial economy.Submitted
31Version 1Hern (OK)RepublicanStrikes the section of the bill that requires employers to disclose their employee’s personal information to unions and replaces it with a finding that forcing employers to share their employee’s information, including their name, address, work location, job classification, shift schedule, and personal contact information is a violation of one’s right to privacy as guaranteed by the Fourth Amendment.Submitted
32Version 1Norman (SC)RepublicanWithdrawn Strikes the bill's provision that would limit states' ability to enact right-to-work laws.Withdrawn
33Version 1Allen (GA)RepublicanStrikes the section of the bill which defines joint employment using the “indirect control” standard set forth in the National Labor Relations Board’s (NLRB) Browning-Ferris decision and replaces this provision with the “direct” and “immediate” control standard.Submitted
34Version 1Levin, Andy (MI)DemocratDirects the National Labor Relations Board to develop a system and procedures to conduct union representation elections electronically, as allowed by the underlying legislation.Made in Order
35Version 1Good (VA)RepublicanApplies the bill's employer unfair labor practice civil penalties and punitive damages equally to union unfair labor practices and applies the bill's corporate director and officer liability for employer unfair labor practices equally to union directors and officers for union unfair labor practices.Submitted
36Version 1Grothman (WI)RepublicanRequires union authorization cards to be accompanied by a written notice specifying the card will be used to certify the union as the employee’s exclusive bargaining representative; clarifying the employee’s rights not to pay for non-bargaining related union expenses and the right-to-work; and detailing total monthly dues and fees charged by the union. The card will not be considered valid proof of interest in an election without this written notice, and the amendment makes it an unfair labor practice if the union fails to provide this notice or if the provided notice lacks any of the aforementioned information.Submitted
37Version 1Fulcher (ID)RepublicanCodifies “vote-and-impound” process for blocking charges and 45-day decertification window for voluntary recognition as set forth in the NLRB’s August 12, 2019, Notice of Proposed Rulemaking.Made in Order
38Version 1Cawthorn (NC)RepublicanMakes it an unfair labor practice for a labor organization to take an action against an employee with the purpose of preventing the employee from working or punishing the employee for working during an ongoing labor dispute, regardless of the employee's membership status with the labor organization.Submitted
39Version 1Fitzgerald (WI)RepublicanRequires a labor organization to receive express consent from the employee before using his or her union dues for any purpose not directly related to the labor organization's collective bargaining or contract administration.Made in Order
40Version 1McClain (MI)RepublicanPermits an employer to pay greater wages or compensation than is provided for in the collective bargaining agreement.Submitted
41Version 1Hill, French (AR)RepublicanStrikes the provisions which allows the removal of the ban on "hot cargo" agreements.Submitted
42Version 1Steil (WI), McKinley (WV), Balderson (OH)RepublicanRequires a study on the total number of jobs and the number of union jobs lost as a result of the cancellation of the Keystone XL Pipeline.Submitted
43Version 1Miller, Mary (IL)RepublicanWithdrawn Requires that every employee in a bargaining unit represented by a labor organization, regardless of membership status in the labor organization, shall have the same right as members to vote by secret ballot regarding whether to ratify a collective bargaining agreement, engage in a strike, or ratify a pension plan.Withdrawn
44Version 1Miller-Meeks (IA)RepublicanClarifies that corporate social responsibility initiatives, including those that impose requirements on third-party business relationships such as supply chains, may not be used as evidence of a joint-employer relationship.Submitted
45Version 1Owens (UT)RepublicanStrikes provision in the bill that mandates binding arbitration to settle negotiation impasses.Submitted
46Version 1Steel, Michelle (CA)RepublicanIncreases union reporting requirements under the Labor-Management Reporting and Disclosure Act.Submitted
47Version 1Allen (GA), Cline (VA)RepublicanStrikes Section 111 in the bill, which overturns state right-to-work laws.Made in Order
48Version 1Cuellar (TX), Schrader (OR), Murphy, Stephanie (FL), Gottheimer (NJ), Peters (CA), Johnson, Dusty (SD), Chabot (OH), Reed (NY)Bi-PartisanClarifies that a brand’s efforts to comply with federal trademark law (Lanham Act) to ensure its brand is uniform and consistent to the public would not be classified as evidence of joint employment with employment controls, such as hiring, firing, pay and scheduling would not be considered a protected trademark control.Submitted
49Version 1Phillips (MN), Murphy, Stephanie (FL), Schrader (OR), Gottheimer (NJ), Peters (CA), Reed (NY), Johnson, Dusty (SD)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
50Version 1Foxx (NC)RepublicanRevokes 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
51Version 1Gosar (AZ)RepublicanReverses any Presidential Action issued since January 20, 2021 that the Secretary of Labor determines will result in the elimination of 1,000 existing or potential American union jobs.Submitted
52Version 1Foxx (NC)RepublicanRequires unions 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 three years to file more detailed financial disclosures with the Department of Labor's Office of Labor-Management Standards.Submitted
53Version 1Foxx (NC)RepublicanClarifies that an employer may discipline an employee because the employee used profanity or language that is derogatory on the basis of race, color, religion, sex, national origin, age, or disability.Submitted
54Version 1McBath (GA), Phillips (MN), Morelle (NY), Murphy, Stephanie (FL), Schrader (OR)DemocratClarifies that nothing in this Act shall affect the definitions of "employer" or "employee" under any state law for wage, hour, worker's compensation or unemployment insurance.Made in Order
55Version 1Green, Al (TX)DemocratAmends the Fair Labor Standards Act to provide for the calculation of the minimum wage based on the Federal poverty threshold for a family of 4, as determined by the Bureau of the Census.Submitted
56Version 1Greene (GA)RepublicanStrikes the Severability Clause (Sec. 301) and the authorization of such sums to carry out the Act (Sec. 302).Submitted
57Version 2Spartz (IN)RepublicanRevised Clarifies that the duty to bargain collectively includes the duty to bargain over the full scope of health benefits of employees in the bargaining unit.Revised
58Version 1Bishop, Dan (NC)RepublicanEliminates official time for federal employees.Submitted
59Version 1Wilson, Joe (SC), Allen (GA), Gohmert (TX), Burgess (TX), Weber (TX), Cline (VA), Norman (SC), Bishop, Dan (NC), McClintock (CA), Issa (CA), Timmons (SC), Mann (KS), Rutherford (FL), Lesko (AZ), Harshbarger (TN), Tiffany, Thomas (WI)RepublicanAmends Section 111 to strike current language and insert the national right-to-work language erasing automatic dues clauses.Made in Order
60Version 1Hinson (IA)RepublicanProhibits unions from forcing employees who have demonstrated financial hardship to pay union dues or initiation fees with financial hardship demonstrated through the employee receiving of any type of COVID relief from the CARES Act or CRRSA.Submitted
61Version 1Stevens (MI), DelBene (WA), Allred (TX), McBath (GA), Foster (IL), Peters (CA), Phillips (MN), Lee, Susie (NV), Fletcher (TX), Suozzi (NY), Wild (PA), Gottheimer (NJ), Houlahan (PA), Kilmer (WA), Rice, Kathleen (NY), Schrier (WA), Bourdeaux (GA), Strickland (WA)DemocratDirects the GAO to study the impact of the ABC test, and specifically to look into portable benefits models, sectoral bargaining in other countries, and the feasibility of establishing a new employee classification.Submitted
62Version 1Keller (PA)RepublicanAllows union members to end dues checkoff and leave the union at any time, specifying that unions must accept any “reasonable” form of notice of resignation of membership and allows workers to revoke their union authorization card at any time, specifying that unions must accept any “reasonable” form of notice of revocation and making it an unfair labor practice if the union fails to comply with the employee’s request.Submitted
63Version 1Obernolte, Jay (CA)RepublicanStrikes the provision of the "ABC" test that prevents independent contractors from being able to perform services part of the usual course of business of an employer.Submitted
64Version 1Rice, Tom (SC)RepublicanCreates an objective test to allow workers to be classified as an independent contractors, which would simplify the current legal patchwork ensuring that the service providers would be treated as an independent contractor, not an employee.Submitted
65Version 1Stevens (MI)DemocratDirects the GAO to conduct a report on sectoral bargaining in other countries.Made in Order
66Version 1LaMalfa (CA)RepublicanLate Exempts individuals who work in relevant industries from having to utilize the ABC test to determine their status as employee or independent contractor, similar to the industry exemptions given in CaliforniaSubmitted
67Version 1Newman (IL)DemocratLate Specifies the National Labor Relations Board's regulations regarding notices to inform workers of their rights must address requirements for posting notices in the languages spoken by the employees.Made in Order
68Version 2Murphy, Stephanie (FL), McBath (GA), Peters (CA), Phillips (MN), Case (HI), Cuellar (TX), Schrader (OR), Rice, Kathleen (NY)DemocratLate Revised Requires GAO, within one-and-a-half years from the date of enactment, to prepare a report on the impact—on workers and businesses across different sectors—of the changes made by the bill to the definition of “employee” (the “ABC” test) and the definition of “joint employer” under the National Labor Relations Act. The President is required to consider the report and, within 60 days, may recommend that Congress modify one or both of these definitions or make no recommendation. Expresses the Sense of the House that the House shall consider whether to accept, reject, or modify any recommendations received from the President.Made in Order
69Version 1Miller, Mary (IL)RepublicanLate Requires that every employee in a bargaining unit represented by a labor organization, regardless of membership status in the labor organization, shall have the same right as members to vote by secret ballot regarding whether to ratify a collective bargaining agreement, engage in a strike, or ratify a pension plan.Submitted
70Version 1Johnson, Dusty (SD)RepublicanLate Permits employers to reward employees with higher compensation than what is agreed upon in a collective bargaining agreement.Submitted
71Version 1Davids (KS)DemocratLate Clarifies that the amendments made under this Act shall not affect the privacy of employees with respect to voter lists provided to labor organizations by employers pursuant to elections directed by the Board.Made in Order
72Version 1Perry (PA)RepublicanLate Ends the judicially-created loophole that currently exempts union-related violence and extortion from the Hobbs Anti-Extortion Act.Submitted
73Version 1Perry (PA)RepublicanLate Restores the application of the Sherman Anti-Trust Act to labor agreements that affect interstate commerce through the imposition of an unreasonable restraint to competition, possession of monopoly power in the relevant market, or the attempt to establish such a monopoly.Submitted
74Version 1Issa (CA), Garcia, Mike (CA)RepublicanLate Strikes Section 101b, the definition of “employee,” of the PRO Act.Submitted