2021: Fitzpatrick Voted For An Amendment That Would Require
Arbitration Panels To Settle Disputes For Initial Collective Bargaining
Negotiations. In March 2021, Fitzpatrick voted for en bloc amendments
no.1 to the Protecting the Right to Organize Act of 2021 which would,
according to Congressional Quarterly, "require arbitration panels
settling disputes in initial collective bargaining agreements under the
bill's provisions to render a decision 'as soon as practicable' and
within 120 days, absent 'extraordinary circumstances' or agreement of
the parties." The vote was on adoption of amendments. The House adopted
the amendments by a vote of 227-196. [House Vote 67,
3/9/21; Congressional
Quarterly, 3/9/21;
Congressional Actions, H.Amdt.
25;
Congressional Actions, H.R.
842]
2021: Fitzpatrick Voted To Require Employers To Be Certified And
Ordered By The National Labor Relations Board To Engage In Collective
Bargaining Negotiations With An Elected Labor Union. In March 2021,
Fitzpatrick voted for the Protecting the Right to Organize Act of 2021
which would, according to Congressional Quarterly, "require the NLRB to
certify and order the employer to engage in collective bargaining with
an elected labor organization." The vote was on passage. The House
passed the bill by a vote of 225-206. The Senate did not take
substantive action on the bill. [House Vote 70,
3/9/21; Congressional
Quarterly, 3/9/21;
Congressional Actions, H.R.
842]
The Bill Would Have Created A Guideline For Initial Collective
Bargaining Between Employers And Labor Unions, Including Providing
Federal Mediation Services If Settlement Cannot Be Reached Within
The First 90 Days And Followed By An Arbitration Panel For 30 Extra
Days If Agreement Is Not Reached. According to Congressional
Quarterly, "outline procedures for initial collective bargaining
between an employer and a union, including to provide for federal
mediation services if an agreement is not reached 90 days after the
bargaining begins and referral to an arbitration panel if an
agreement is not reached in an additional 30 days." [Congressional
Quarterly, 3/9/21]
The Bill Would Remedy The Inability To Reach A First Contract
Between Unions And Employers By Permitting New Unions To Seek
Arbitration And Mediation To Reach An Agreement. According to NPR,
"Often, even successful union organizing drives fail to result in an
agreement on a first contract between labor and management. The PRO
Act would remedy that by allowing newly certified unions to seek
arbitration and mediation to settle such impasses in negotiations."
[NPR,
3/9/21]
2021: Fitzpatrick Voted To Modify Procedures By Which Workers May
Organize Unions And Elect Representation Under Federal Labor Law. In
March 2021, Fitzpatrick voted for the Protecting the Right to Organize
Act of 2021 which would, according to Congressional Quarterly, "modify
procedures by which employees may unionize and elect representation
under federal labor law." The vote was on passage. The House passed the
bill by a vote of 225-206. The Senate did not take substantive action on
the bill. [House Vote 70,
3/9/21; Congressional
Quarterly, 3/9/21;
Congressional Actions, H.R.
842]
According To Union Leaders, The Measure Would Level The Playing
Field That Favored Big Businesses And Management That Make Labor
Union Organization And Elections Difficult. According to NPR,
"Union leaders say the Protecting the Right to Organize Act --- PRO
Act --- would finally begin to level a playing field they say is
unfairly tilted toward big business and management, making union
organizing drives and elections unreasonably difficult." [NPR,
3/9/21]
The U.S. Chamber Of Commerce Opposed The Measure And Claimed The
Bill Would Hinder Workers' Rights, Ambush Employers In Irrelevant
Labor Disputes, Harm The Economy, And Coerce Americans To Pay Union
Dues. According to NPR, "The U.S. Chamber of Commerce says the act
would 'undermine worker rights, ensnare employers in unrelated labor
disputes, disrupt the economy, and force individual Americans to pay
union dues regardless of their wishes.'" [NPR,
3/9/21]
The National Retail Federation Opposed The Bill. According to
NPR, "The National Retail Federation has called it 'the worst bill
in Congress.'" [NPR,
3/9/21]
The Bill Would Prohibit An Employers From Using A Worker's
Immigration Status When Establishing The Terms Of Their Work.
According to NPR, "The law would prevent an employer from using its
employee's immigration status against them when determining the
terms of their employment." [NPR,
3/9/21]
The Bill Would Have Created A Guideline On How Employees May
Petition For And Elect Representation For Collective Bargaining
Through An Election Conducted By The National Labor Relations
Board. According to Congressional Quarterly, "outline a number of
procedures by which employees may petition for and elect
representation for collective bargaining through an election
directed by the NLRB." [Congressional Quarterly,
3/9/21]
Workers Would Be Allowed To Cast Their Votes For Union Elections
At A Location That Is Not The Company Property. According to NPR,
"Additionally, employees would be able to cast a ballot in union
organizing elections at a location away from company property."
[NPR,
3/9/21]
The Bill Would Have Required The National Labor Relations Board To
Organize Pre-Election Hearings Within Eight Days Of The Filed
Petitions. According to Congressional Quarterly, "require the NLRB
to schedule pre-election hearings within eight days of a petition
being filed." [Congressional Quarterly,
3/9/21]
The Bill Would Have Barred Employers From Interfering Or
Participating In Collective Bargaining Elections. According to
Congressional Quarterly, "prohibit employers from certain
interference or participation in such elections." [Congressional
Quarterly, 3/9/21]
Employers Would Be Barred From Interfering And Influencing Union
Elections, Thus Effectively Ending The Practice Of Company-Sponsored
Companies Where The Employers Lobby Against Labor Organization.
According to NPR, "Employer interference and influence in union
elections would be forbidden. Company-sponsored meetings --- with
mandatory attendance --- are often used to lobby against a union
organizing drive. Such meetings would be illegal." [NPR,
3/9/21]
2021: Fitzpatrick Effectively Voted Against The Protecting The Right
To Organize Act. In March 2021, according to Congressional Quarterly,
Fitzpatrick voted for the "motion to recommit the bill to the House
Education and Labor Committee." The vote was on a motion to recommit.
The House rejected the motion by a vote of 206-218. [House Vote 69,
3/9/21; Congressional
Quarterly, 3/9/21; Congressional
Actions, H.R.
842]
2021: Fitzpatrick Voted For An Amendment That Would Implement A Remote
System To Conduct Labor Union Elections Through An Electronic Voting
System. In March 2021, Fitzpatrick voted for en bloc amendments no.1
to the Protecting the Right to Organize Act of 2021 which would,
according to Congressional Quarterly, "require the National Labor
Relations Board to implement a system and procedures to conduct union
representation elections remotely using an electronic voting system."
The vote was on adoption of amendments. The House adopted the amendments
by a vote of 227-196. [House Vote 67,
3/9/21; Congressional
Quarterly, 3/9/21;
Congressional Actions, H.Amdt.
25;
Congressional Actions, H.R.
842]
2021: Fitzpatrick Effectively Voted Against The Protecting The Right
To Organize Act. In March 2021, according to Congressional Quarterly,
Fitzpatrick voted against the "adoption of the rule (H Res 188) that
would provide for House floor consideration of the Protecting the Right
to Organize Act (HR 842), the Bipartisan Background Checks Act (HR 8),
and the Enhanced Background Checks Act (HR 1446). The rule would provide
for up to one hour of debate on each of the three bills; provide for
automatic adoption of a Scott, D-Va., manager's amendment to HR 842;
and make in order floor consideration of 19 amendments to HR 842, eight
amendments to HR 8, and four amendments to HR 1446." The vote was on the
adoption of the rule. The House adopted the rule by a vote of 218-197.
[House Vote 64, 3/8/21;
Congressional Quarterly, 3/8/21;
Congressional Actions, H.R.
842;
Congressional Actions, H.Res.
188]
2021: Fitzpatrick Effectively Voted Against The Protecting The Right
To Organize Act. In March 2021, according to Congressional Quarterly,
Fitzpatrick voted against the "motion to order the previous question
(thus ending debate and possibility of amendment) on the rule (H Res
188) that would provide for House floor consideration of the Protecting
the Right to Organize Act (HR 842), the Bipartisan Background Checks Act
(HR 8), and the Enhanced Background Checks Act (HR 1446). The rule would
provide for up to one hour of debate on each of the three bills; provide
for automatic adoption of a Scott, D-Va., manager's amendment to HR
842; and make in order floor consideration of 19 amendments to HR 842,
eight amendments to HR 8, and four amendments to HR 1446." The vote was
on a motion to order the previous question. The House agreed to the
motion by a vote of 213-195. [House Vote 63,
3/8/21; Congressional
Quarterly, 3/8/21; Congressional
Actions, H.R.
842;
Congressional Actions, H.Res.
188]
2019: Fitzpatrick Voted For A $68 Billion Aid Package For Failing
Union Pension Plans. In July 2019, Fitzpatrick voted for a bill that
would, according to Congressional Quarterly, "establish the Pension
Rehabilitation Administration within the Treasury Department to provide
30-year loans to multiemployer defined benefit pension plans in critical
or declining financial status, to allow such plans to meet pension
obligations to current retirees. It would also authorize the Pension
Benefit Guaranty Corporation to provide financial assistance to
qualifying pension plans and would appropriate such sums as may be
necessary for such assistance. It would establish a dedicated Treasury
trust fund for expenses of the new administration, with funding
generated through Treasury Department bond sales. It would require the
administration to establish the loan program by Sept. 30, 2019 and issue
rules regarding the program, in consultation with the PBGC and the
Treasury and Labor departments, by Dec. 31, 2019. It would require loans
issued under the program to have "as low an interest rate as is
feasible" and would require loan recipients to provide annual status
reports to the Treasury Department. Among other provisions, it would
increase a number of penalties related to failure to file tax returns
and retirement plan returns. It would modify certain distribution rules
for funds distributed upon an employee's death to designated
beneficiaries under multiemployer defined contribution pension plans."
The vote was on passage. The House passed the bill by a vote of 264-169.
[House Vote 505,
7/24/19; Congressional
Quarterly,
7/24/19;
Congressional Actions, H.R.
397]
An Estimated 130 Union Pension Plans Covering 1.3 Million Workers
Were Expected To Become Insolvent Over The Next 20 Years.
According to Congressional Quarterly, "An estimated 130 of these
plans, covering 1.3 million workers, are estimated to become
insolvent over the next 20 years [...] the measure would provide
an estimated $39.7 billion in loans to an estimated 149 insolvent
or troubled pensions, which under federal scoring rules taking into
account expected plan investment returns and loan repayments during
the 10-year budget window would end up costing a lower amount of
$31.8 billion." [Congressional Quarterly,
7/24/19]
Republicans Opposed The Bill, Calling It A Bailout. According to
Congressional Quarterly, "Most Republicans insist that the bill is a
bailout and already doomed in the GOP-controlled Senate, but agree
that something must be done to prevent a wave of pension fund
failures. Some also object to a special $3 billion grant the bill
would provide next year to the most troubled of all the funds, the
giant Teamsters' Central States Southeast and Southwest Areas
Pension Plan." [Congressional Quarterly,
7/24/19]
Democrats Argued That The Economic Effects Of The Insolvent
Pensions Would Cause More Damage Than The Estimated Cost Of The
Legislation. According to Congressional Quarterly, "Democrats say
the bill reinforces the responsibilities of the Pension Benefit
Guaranty Corporation, a government backstop that has been collecting
premiums from these funds for decades. That would prevent more than
1 million recipients from losing the lion's share of their pension
benefits, an event Democrats say would ripple through the economy
and cause more damage than the estimated cost of the legislation."
[Congressional Quarterly,
7/24/19]
2021: Fitzpatrick Voted For Forbidding Employers From Retaliating
Against Workers Who Go On Strike, Including Replacing Or Discriminating
Such Workers. In March 2021, Fitzpatrick voted for the Protecting the
Right to Organize Act of 2021 which would, according to Congressional
Quarterly, "prohibit employers from taking certain retaliatory actions
against employees who participate in a strike, including permanently
replacing or discriminating against such employees." The vote was on
passage. The House passed the bill by a vote of 225-206. The Senate did
not take substantive action on the bill. [House Vote 70,
3/9/21; Congressional
Quarterly, 3/9/21;
Congressional Actions, H.R.
842]
2021: Fitzpatrick Voted Against An Amendment That Would Remove A
Provision That Prohibits Employers To Replace Workers On Strike. In
March 2021, Fitzpatrick voted against en bloc amendments no.2 to the
Protecting the Right to Organize Act of 2021 which would, according to
Congressional Quarterly, "strike a provision that would make it illegal
for employers to permanently replace workers participating in a strike."
The vote was on adoption of amendments. The House rejected the
amendments by a vote of 185-243. [House Vote 68,
3/9/21; Congressional
Quarterly, 3/9/21;
Congressional Actions, H.Amdt.
26;
Congressional Actions, H.R.
842]
2021: Fitzpatrick Voted For Authorizing The Usage Of Collective
Bargaining Agreements That Require Labor Union Dues As A Condition Of
Employment. In March 2021, Fitzpatrick voted for the Protecting the
Right to Organize Act of 2021 which would, according to Congressional
Quarterly, "authorize the use of collective bargaining agreements that
require employees to pay fees to a labor organization as a condition of
employment." The vote was on passage. The House passed the bill by a
vote of 225-206. The Senate did not take substantive action on the bill.
[House Vote 70, 3/9/21;
Congressional Quarterly,
3/9/21; Congressional Actions,
H.R.
842]
H.R. 842 Would Supersede State "Right To Work" Laws, Which Allow
Workers To Opt Out Of Paying Dues To Labor Unions, And Would
Establish A Clear Difference Between Employees And Independent
Contractors. According to Congressional Quarterly, "The bill would
also override state 'right to work' laws that allow workers covered
by a collective bargaining agreement to opt out of paying union dues
and establish a stricter definition for employees and independent
contractors." [Congressional Quarterly,
5/18/21]
The Bill Would Permit Unions To Supersede The Right-To-Work Laws
And Gather Union Dues From Those Who Wish To Opt Out To Fully Cover
Collective Bargaining And Contract Administration Costs. According
to NPR, "So-called right-to-work laws in more than two dozen states
allow workers in union-represented workplaces to opt out of the
union, and not pay union dues. At the same time, such workers are
still covered under the wage and benefits provisions of the union
contract. The PRO Act would allow unions to override such laws and
collect dues from those who opt out, in order to cover the cost of
collective bargaining and administration of the contract." [NPR,
3/9/21]
2021: Fitzpatrick Voted Against An Amendment That Would Require Labor
Unions To Receive Consent For The Usage Of Dues For Things Other Than
Collective Bargaining. In March 2021, Fitzpatrick voted against en
bloc amendments no.2 to the Protecting the Right to Organize Act of 2021
which would, according to Congressional Quarterly, "require unions to
receive annual written consent from an employee before using his or her
union dues for purposes other than collective bargaining." The vote was
on adoption of amendments. The House rejected the amendments by a vote
of 185-243. [House Vote 68,
3/9/21; Congressional
Quarterly, 3/9/21;
Congressional Actions, H.Amdt.
26;
Congressional Actions, H.R.
842]
2021: Fitzpatrick Voted Against An Amendment That Would Remove A
Provision That Would Require Employees To Pay Fees To Their Labor Union
Enforced By Collective Bargaining Agreements. In March 2021,
Fitzpatrick voted against en bloc amendments no.2 to the Protecting the
Right to Organize Act of 2021 which would, according to Congressional
Quarterly, "strike a provision providing for the enforcement of
collective bargaining agreements that require all employees to
contribute fees to a labor organization notwithstanding any state or
territorial laws to the contrary." The vote was on adoption of
amendments. The House rejected the amendments by a vote of 185-243.
[House Vote 68, 3/9/21;
Congressional Quarterly,
3/9/21; Congressional Actions,
H.Amdt.
26;
Congressional Actions, H.R.
842]
2021: Fitzpatrick Voted For An Amendment That Would Provide
Whistleblower Protections, Including Labor Union Employees. In March
2021, Fitzpatrick voted for en bloc amendments no.1 to the Protecting
the Right to Organize Act of 2021 which would, according to
Congressional Quarterly, "provide whistleblower protections to
employees, including those employed by labor unions, who report
violations of the 1959 federal labor law related to employer relations
with labor organizations." The vote was on adoption of amendments. The
House adopted the amendments by a vote of 227-196. [House Vote 67,
3/9/21; Congressional
Quarterly, 3/9/21;
Congressional Actions, H.Amdt.
25;
Congressional Actions, H.R.
842]
2021: Fitzpatrick Voted For An Amendment That Would Require Employers
To Provide New Employees A Notice Of Their Rights In Their Preferred
Language. In March 2021, Fitzpatrick voted for en bloc amendments no.1
to the Protecting the Right to Organize Act of 2021 which would,
according to Congressional Quarterly, "direct the National Labor
Relations Board to promulgate regulations requiring employers to provide
notices informing each new employee of their employee rights and
protections in a language spoken by the employee." The vote was on
adoption of amendments. The House adopted the amendments by a vote of
227-196. [House Vote 67,
3/9/21; Congressional
Quarterly, 3/9/21;
Congressional Actions, H.Amdt.
25;
Congressional Actions, H.R.
842]