THE DAILY WHIP: WEDNESDAY, NOVEMBER 30, 2011

For Immediate Release:

November 30, 2011

Contact:

Katie GrantDaniel Reilly, 202-225-3130

House Meets At: First Vote Predicted: Last Vote Predicted:
10:00 a.m.: Morning Hour
12:00 p.m.: Legislative Business

Fifteen “One Minutes” per side

3:00 – 4:00 p.m. 4:30 – 5:30 p.m.

Suspension (1 Bill)

  1. H.Res. 364 - Designating room HVC 215 of the Capitol Visitor Center as the "Gabriel Zimmerman Meeting Room" (Rep. Wasserman Schultz - Transportation and Infrastructure)
H.Res. 477 Rule providing for consideration of H.R. 3463 – Terminating taxpayer financing of presidential election campaigns and party conventions and the Election Assistance Commission, H.R. 527 - the Regulatory Flexibility Act and H.R. 3010 - the Regulatory Accountability Act of 2011 (One Hour of Debate) The Rules Committee has recommended a closed Rule that provides for consideration of three separate pieces of legislation.
 
For H.R. 3463, it provides one hour of general debate equally divided between the Chair and Ranking Member of the Committee on House Administration. The Rule allows no amendments, and one motion to recommit, with or without instructions. It also waives all points of order against the legislation.
 
For H.R. 527, it provides one hour of general debate with 40 minutes equally divided between the Chair and Ranking Member of the Committee on the Judiciary and 20 minutes equally divided between the Chair and Ranking Member of the Committee on Small Business. It allows consideration of 6 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent. It allows one motion to recommit, with or without instructions. It also waives all points of order against the legislation.
 
For H.R. 3010, it provides one hour of general debate equally divided and between the Chair and Ranking Member of the Committee on the Judiciary. It allows consideration of 7 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent. It allows one motion to recommit, with or without instructions. It also waives all points of order against the legislation.
 
Finally, the Rule provides for suspension authority on any day until December 2 (Friday) on matters relating to railway labor.
 
The Rules committee rejected a number of proposals, including a motion by Mr. McGovern to consider these bills under an open process. The Rules committee also rejected an amendment offered by Mr. McGovern which would have ended taxpayer subsidies for oil companies and used this to pay for the two regulatory bills. Lastly, The Rules committee did not make in order an amendment offered by Mr. Johnson (GA), which would have created an exemption for any rule or guidance that was found to have resulted in net job creation.
 
H.R. 3094 “Workforce Democracy and Fairness Act” (Rep. Kline –Education and Workforce) The bill would require specified waiting periods before unionization hearings and elections can take place. Under the measure, a 14-day waiting period must occur between the time the NLRB certifies a petition to unionize and an NLRB pre-election hearing begins. Further, the bill requires that the unionization election must wait to be held after a subsequent waiting period of at least 35 days. The bill requires that all union elections be conducted by secret ballot.
 
H.R. 3094 would make it harder to trigger an election. It does so by empowering employers to “slant” the pool of eligible voters towards employees who had expressed no interest in joining a union, as a way to dilute the percentage of employees interested in forming a union below the 30% threshold required for a showing of interest, and thus head off an election. It also allows employers to increase the number of votes in an election with votes from workers who had no interest in forming a union at the outset, but were added to the voter pool to advance the employer's efforts to defeat the union.
 
Despite the title, this bill would do nothing to promote democracy or fairness in the workplace. At a time in which the GOP is pursuing an ideological agenda and not creating jobs, this ideological bill would be yet another blow to American workers and their families. Members are urged to VOTE NO on H.R. 3094.
 
The Rule, which was adopted on 11/18, makes in order 4 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent. The amendments made in order are as follows:
 
Rep. Bishop (NY) Amendment. Would give the Board authority to impose sanctions on a party for presenting a frivolous or vexatious filing during pre-election proceedings
Rep. Boswell Amendment. Would 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. These employers would also be 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
Rep. Walz Amendment. Would 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
Rep. Jackson Lee Amendment. Would strike a section of the bill to ensure that employers would not be able to unnecessarily delay an election
 
Bill Text for H.R. 3094:
HTML Version
PDF Version
Background for H.R. 3094:
 
TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, December 1: The House will meet at 12:00 p.m. for legislative business. The House is expected to consider H.R. 3463 – Terminating taxpayer financing of presidential election campaigns and party conventions and the Election Assistance Commission (Rep. Harper – House Administration/Ways and Means). The House is also expected to begin consideration of H.R. 527 - the Regulatory Flexibility Act (Rep. Smith (TX) – Judiciary).
 
The Daily Quote
“Congressional Republicans have become increasingly divided during the latest legislative battles, with some fearing that the White House is winning the message war over the No. 1 issue facing the country: jobs…And in the policy realm, Republican rifts are blowing into the open: The party is split over whether to seek new tax revenue to rein in the debt, how to pay for an extension of the payroll tax credits and unemployment benefits — or whether Congress should even extend them at all…’Fifteen bills coming from the House that no one ever heard of — including me — is probably not the best marketing plan,’ South Carolina Sen. Lindsey Graham told POLITICO, calling instead for one unified GOP bill.”

- Politico, 11/29/11