Workforce Democracy and Fairness Act

Floor Speech

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Ms. RICHARDSON. Mr. Chair, I rise in strong opposition to H.R. 3094, the deceptively named ``Workforce Democracy and Fairness Act,'' and I appeal to my colleagues to join me in rejecting this dangerous legislation designed to undermine the collective bargaining rights of America's workers.

I oppose this legislation for three principal reasons:

First, it flies in the face of 75 years of judicially-approved, National Labor Review Board (NLRB) case law governing the eligibility of bargaining units, transferring that power away from workers wishing to organize.

Second, it would open the door to indefinite delays within the union election process, inviting frivolous litigation designed to cripple the system and prevent fair elections.

Third, it would unfairly impose restrictions on the opportunity of workers to receive union information while allowing employers free reign to bombard their workers with anti-union propaganda.

In short, this legislation would reduce the power of workers to organize for fair treatment to a level not seen since the late 19th century.

At first glance, the Workforce Democracy and Fairness Act sounds like a reasonable bill, but its glib appeal vanishes when one examines its intent closely.

Proponents argue that by inserting delays prior to a union election, so-called ``ambush elections'' would be avoided. It claims not to interfere with the NLRB's supervision of elections.

Mr. Speaker, this claim is disingenuous. The argument that creating employer based delays for a union election will somehow give a union member more time to make a better and more informed decision is questionable at best.

Letting an employer delay union elections is unfair to the American worker who wants his or her voice heard. Big Business is not supporting this bill to help unionized workers make more thoughtful decisions. H.R. 3094 is a blatant attempt to silence and confuse.

Enacted in 1935, the National Labor Relations Act (NLRA) was designed explicitly to encourage collective bargaining. Since then, the NLRB and the courts have interpreted this law and developed processes for handling workers who seek to form and manage unions.

H.R. 3094 would substitute 75 years of expertise and decades of case law for new and untested processes that favor wealthy special interests and corporate litigators.

Creating a legal precedent for unfairly stalling or even halting union elections is the true aim of this act. This legislation takes away the ability of unions to function as a democratically elected entity, prevents it from communicating with its members, and saps its organizational strength.

Moreover, the resounding defeat of Ohio's Senate Bill 5, which tried to restrict collective bargaining rights of more than 360,000 public employees in that state, plainly demonstrates the American people's opposition to a legislature's attempt to stifle the rights of workers.

Equally troubling is that under H.R. 3094 companies are free to force their workers to listen to anti-union information under the threat of discharge if they try to object. This provision is truly an act of coercion which has no place in the American workplace.

The result of this strategy is obvious. H.R 3094 permits employers to intimidate their employees and discourage them from securing workplace rights.

This is why the White House recently released a statement describing H.R. 3094 as an attempt to ``undermine and delay workers'' ability to exercise their right to choose whether or not they will be represented by a union.''

Imagine if H.R. 3094 passed. Imagine a working environment where a union wants to cast a ballot, but its obstructed by the employer with a steady stream of delays, bureaucracy, and litigation. Imagine a working environment where one's livelihood is threatened if a worker refuses to attend an anti-union meeting. Imagine a working environment where dissent is not permitted. This would be the reality under H.R. 3094.

At one time, this was the reality in our country. It existed in the days of child labor, when the 12-hour workday was the standard, when there were no weekends, no safety regulations, or any of the other workplace protections that we take for granted.

America no longer lives in the Gilded Age. American workers fought for over 100 years to achieve the right of collective bargaining for a better future. The democratic core of the right to unionize is under attack by this legislation.

H.R. 3094 would be a great leap backward for our country. I urge my colleagues to reject this deceptive legislation and secure the rights of American workers.

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