Amendments to H.R. 842 - Pro Act
Each stand alone amendment can receive up to 10 minutes of debate.
Each En Bloc can receive up to 20 minutes of debate.
Scott (D-VA) En Bloc #1
Bourdeaux (D-GA) – Amendment No. 1 - Clarifies 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
Davids (D-KS) – Amendment No. 4 - 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
Jackson Lee (D-TX) – Amendment No. 9 - 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
Levin, Andy (D-MI) - Amendment No. 11 - Directs the National Labor Relations Board to develop a system and procedures to conduct union representation elections electronically, as allowed by the underlying legislation
McBath (D-GA), Phillips (D-MN), Morelle (D-NY), Murphy, Stephanie (D-FL), Schrader (D-OR) – Amendment No. 12 - Clarifies 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
Murphy, Stephanie (D-FL), McBath (D-GA), Peters (D-CA), Phillips (D-MN), Case (D-HI), Cuellar (D-TX), Schrader (D-OR), Rice, Kathleen (D-NY) – Amendment No. 13 - 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
Newman (D-IL) – Amendment No. 14 - 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
Stevens (D-MI) – Amendment No. 15 - Directs the GAO to conduct a report on sectoral bargaining in other countries
Tlaib (D-MI) – Amendment No. 16 - Establishes 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
Torres, Ritchie (D-NY) – Amendment No. 17 - Revises 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
Scott (D-VA) En Bloc #2
Allen (R-GA), Cline (R-VA) – Amendment No. 2 - Strikes Section 111 in the bill, which overturns state right-to-work laws
Comer (R-KY) – Amendment No. 3 - Strikes 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
Fitzgerald (R-WI) – Amendment No. 5 - Requires 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
Fulcher (R-ID) – Amendment No. 6 - Codifies “vote-and-impound” process for blocking charges and 45-day decertification window for voluntary recognition as set forth in (10 minutes) the NLRB’s August 12, 2019, Notice of Proposed Rulemaking.
Good (R-VA) – Amendment No. 7 - Amends section 302 of the Labor Management Relations Act to prohibit "neutrality agreements", to allow for greater fairness and transparency for workers in their representation
Hern (R-OK) – Amendment No. 8 - States 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
Keller (R-PA) – Amendment No. 10 - Strikes 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
Walberg (R-MI) – Amendment No. 18 - Strike 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
Wilson, Joe (R-SC) – Amendment No. 19 - Amends Section 111 to strike current language and insert the national right-to-work language erasing automatic dues clauses
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