Big Labor's Legislative Wish List
With Big Labor giving $600 million to the left this past election cycle, they are expecting some pretty big kick-backs. Below is a list of legislation that was introduced in the 110th Congress that we expect to see revisted. AWF will continue to oppose the list of legislation below and will always continue to fight for workers rights. Unlike politicians, a $600 million check won't sway our efforts to protect worker freedom at all costs.
H.R. 800 / S. 1041 – THE EMPLOYEE FREE CHOICE ACT (EFCA)
Common Name: “Card Check”
Introduced by: Rep. George Miller (D-CA) / Sen. Edward Kennedy (D-MA)
Cosponsors: 233 / 46
What it will do: Replace secret ballot on unionization elections with “card check”; Create additional employer penalties for unfair labor practices; and Create mandatory arbitration when parties disagree on union contract.
Last Action: H.R. 800 passed House (241-185) (Vote # 118, 3/1/2007); Senate cloture vote on motion to proceed failed (51-48) (Vote #227, 6/26/2007) / S. 1041 referred to Senate committee (3/29/2007).
H.R. 2831 – LILLY LEDBETTER FAIR PAY ACT
Common Name: “Ledbetter”
Introduced by: Rep. George Miller (D-CA)
Cosponsors: 93
What it will do: Expand the Civil Rights Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act and the Rehabilitation Act to require ‘equal’ compensation for women. Create a violation for discriminatory compensation each time an employee is paid less than is deemed fair.
Last Action: H.R. 2831 passed House (225-199) (Vote # 768, 7/31/2007); Senate cloture vote on motion to proceed failed (56-42) (Vote # 110, 4/23/2008).
H.R. 1644 / S. 969 – THE RE-EMPOWERMENT OF SKILLED AND PROFESSIONAL EMPLOYEES AND CONSTRUCTION TRADEWORKERS ACT
Common Name: “The R.E.S.P.E.C.T. Act”
Introduced by: Rep. Robert Andrews (D-NJ) / Sen. Christopher Dodd (D-CT)
Cosponsors: 163 / 31
What it will do: Dramatically limit which workers the National Labor Relations Act classifies as supervisors, thus allowing unions to collect dues from those formerly classified as supervisors.
Last Action: H.R. 1644 ordered to be reported by committee (26-20) (9/19/2007) / S. 969 referred to Senate committee (3/22/2007).
H.R. 980/ S. 2123 – PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT
Common Name: “Firefighters’ Bill”
Introduced by: Rep. Dale Kildee (D-MI) / Sen. Judd Gregg (R-NH)
Cosponsors: 280 / 36
What it will do: Provide collective bargaining rights for public safety officers employed by states or local governments.
Last Action: H.R. 980 passed House (314-97) (Vote # 633, 7/17/2007); Senate cloture motion withdrawn by unanimous consent (5/15/2008) / S. 2123 referred to Senate committee (10/1/2007).
H.R. 6477 – “TO REPEAL A LIMITATION IN THE LABOR-MANAGEMENT RELATIONS ACT . . .”
Common Name: “Right to Work Repeal”
Introduced by: Rep. Brad Sherman (D-CA)
Cosponsors: 8
What it will do: Repeal the provision of federal law that allows individual states to pass Right to Work laws, which grant workers the freedom to remain employed at union shops without becoming union members.
Last Action: H.R. 6477 referred to House committee (7/10/2008).
S. 2044 – INDEPENDENT CONTRACTOR PROPER CLASSIFICATION ACT
Common Name: “Independent Contractor Reform”
Introduced by: Sen. Barack Obama (D-IL)
Cosponsors: 6
What it will do: Restrict workers that can be classified as independent contractors and allow IRS collect back taxes from businesses that previously “misclassified” workers.
Last Action: S. 2044 referred to Senate committee (9/12/2007).
H.R. 6111 – EMPLOYEE MISCLASSIFICATION PREVENTION ACT
Common Name: “Independent Contractor Reform”
Introduced by: Rep. Robert Andrews (D-NJ)
Cosponsors: 23
What it will do: Create new requirement that businesses maintain records of all hired independent contractors and create new penalties for businesses that misclassify independent contractors.
Last Action: H.R. 6111 referred to House subcommittee (6/2/2008).
H.R. 5804 – TAXPAYER RESPONSIBILITY, ACCOUNTABILITY, AND CONSISTENCY ACT
Common Name: “TRAC Act”
Introduced by: Rep. James McDermott (D-WA)
Cosponsors: 37
What it will do: Amend the Internal Revenue Code to restrict the kinds of workers who can be classified as independent contractors.
Last Action: H.R. 5804 referred to House subcommittee (4/15/2008).
H.R. 7233 – FAMILY AND MEDICAL LEAVE ENHANCEMENT ACT
Common Name: “FMLA Expansion”
Introduced by: Rep. Carolyn Maloney (D-NY)
Cosponsors: 5
What it will do: Expand the scope of the Family and Medical Leave Act to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children’s and grandchildren’s educational and extracurricular activities and to extend leave for routine family medical needs and to assist elderly relatives.
Last Action: H.R. 5804 referred to House subcommittee (9/29/2008).
S. 1894 – SUPPORT FOR INJURED SERVICEMEMBERS ACT
Common Name: None
Introduced by: Sen. Christopher Dodd (D-CT)
Cosponsors: 10
What it will do: Expand the scope of the Family and Medical Leave Act to provide family and medical leave to primary caregivers of service-members with combat-related injuries.
Last Action: S. 1894 referred to Senate subcommittee (7/26/2007).
H.R. 1542 / S. 910 – HEALTHY FAMILIES ACT
Common Name: None
Introduced by: Rep. Rosa DeLauro (D-CT) / Sen. Edward Kennedy (D-MA)
Cosponsors: 106 / 24
What it will do: Require employers with more than 15 employees to offer full-time employees 7 days of paid sick leave per year. Mandate that the sick time could be used for the employee’s illness or to care for a child, parent, spouse, blood relative or domestic partner.
Last Action: H.R. 1542 referred to House subcommittee (3/15/07) / S. 910 referred to Senate subcommittee (3/15/2007).
H.R. 4301 / S. 2419 – WORKING FAMILIES FLEXIBILITY ACT
Common Name: None
Introduced by: Rep. Carolyn Maloney (D-NY) / Sen. Edward Kennedy (D-MA)
Cosponsors: 7 / 4
What it will do: Requires employers to “consider” employee requests for flexible work terms and conditions. Creates employer penalties for failure to sufficiently “consider” these requests.
Last Action: H.R. 4301 referred to House subcommittee (2/05/2008) / S. 2419 referred to Senate subcommittee (12/06/2007).
S. 1945 – PATRIOT EMPLOYERS ACT
Common Name: None
Introduced by: Sen. Richard Durbin (D-IL)
Cosponsors: 3
What it will do: Create a new Federal income tax credit for businesses deemed “Patriot employers.” Patriot employers are those that: 1) Pay at least 60% of employees’ health care premiums; 2) Have a position of “neutrality in employee [union] organizing drives”; 3) Maintain or increase the number of workers in the U.S. relative to the number of workers outside the U.S.; 4) Pay a salary to all employees at least equal to the federal poverty level; and 5) Provide a pension plan.
Last Action: S. 1945 referred to Senate subcommittee (8/02/2007).
S. 1725 – RESTORING PENSION PROMISES TO WORKERS ACT
Common Name: None
Introduced by: Sen. Thomas Harkin (D-IA)
Cosponsors: 1
What it will do: Amends the tax code to require employers to consider as gross income previous pension contributions that do not meet certain participation, vesting, and minimum benefit requirements. Amends ERISA to: 1) Deny businesses the right to recover overpayments made to pensioners in cases of hardship or insignificant amounts; 2) Impose a three-year limitations period for employers to bring an action to recover an overpayment; and 3) Create a new Department of Labor board to oversee pension administration by employers.
Last Action: S. 1725 referred to Senate subcommittee (6/28/2007).
H.R. 2320 / S. 1107 – A BILL TO AMEND THE NATIONAL LABOR RELATIONS ACT AND THE RAILWAY LABOR ACT TO PREVENT DISCRIMINATION BASED ON PARTICIPATION IN LABOR DISPUTES
Common Name: “Striker Replacement Act”
Introduced by: Rep. John Tierney (D-MA) / Sen. Tom Harkin (D-IA)
Cosponsors: 28 / 17
What it will do: Prohibit employers from offering replacement workers permanent jobs on the same terms as striking workers. Require employers to fire any replacement workers whenever the strikers choose to return.
Last Action: H.R. 2320 referred to House subcommittee (3/11/2002) / S. 1107 referred to Senate committee (6/27/2001). (Currently Dead)
H.R. 3685 – EMPLOYMENT NON-DISCRIMINATION ACT OF 2007
Common Name: “Striker Replacement Act”
Introduced by: Rep. Barney Frank (D-MA)
Cosponsors: 9
What it will do: To prohibit employment discrimination on the basis of sexual orientation.
Last Action: H.R. 3685 passed House (235-184) (Vote # 1057); placed on Senate legislative calendar until General Orders (11/13/2007).
H.R. 1322 – EMERGENCY RETIREE HEALTH BENEFITS PROTECTION ACT OF 2007
Common Name: None
Introduced by: Rep. John Tierney (D-MA)
Cosponsors: 86
What it will do: Amend ERISA to prohibit group health plans from reducing retiree health benefits after the retirement of a plan beneficiary. Require group health plan sponsors to grant retired plan participants the option of benefit restoration.
Last Action: H.R.1322 referred to House subcommittee (6/05/2007).
S. 1792 – FOREWARN ACT OF 2007
Common Name: None
Introduced by: Sen. Sherrod Brown (D-OH)
Cosponsors: 9
What it will do: Amend the Worker Adjustment and Retraining Notification Act, which requires employers large employers warn employees of impending plant closings or mass layoffs, by: 1) Making WARN apply to small businesses over 50 employees; 2) Reduce the size of “plant closings” which require notice from 50 to 25 employees; 3) Increase the notice requirement from 60 to 90 days; and 4) increase the penalty from its present amount of back pay and benefits for 60 days to 90 days.
Last Action: S. 1792 referred to Senate committee (7/16/2007).
H.R. 3010 / S. 1782 – ARBITRATION FAIRNESS ACT OF 2007
Common Name: None
Introduced by: Rep. Henry Johnson (D-GA) / Sen. Russ Feingold (D-WI)
Cosponsors: 103 / 7
What it will do: Prohibit pre-dispute binding mandatory arbitration agreements in all contracts involving employees, consumers or franchisees, and “in disputes arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power.”
Last Action: H.R. 3010 referred to full House committee by voice vote (7/15/2008) / Judiciary Committee hearings held on S. 1782 (12/12/2007).
H.R. 1338/ S. 766 – PAYCHECK FAIRNESS ACT OF 2007
Common Name: None
Introduced by: Rep. Rosa DeLauro (D-CT) / Sen. Hillary Clinton (D-NY)
Cosponsors: 230 / 24
What it will do: Amend the Fair Labor Standards Act of 1938 to increase employer penalties and employee remedies for wage discrimination on the basis of sex.
Last Action: H.R. 1338 passed House (247-178) (Vote # 556, 7/31/2008); referred to Senate committee (8/01/2008) / S. 766 referred to Senate committee (03/06/2007).
