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Rushing Union Elections: Protecting the Interests of Big Labor at the Expense of Workers’ Free Choice

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Rushing Union Elections: Protecting the Interests of Big Labor at the Expense of Workers’ Free Choice RUSHING UNION ELECTIONS: PROTECTING THE INTERESTS OF BIG LABOR AT THE EXPENSE OF WORKERS’ FREE CHOICE HEARING BEFORE THE COMMITTEE ON EDUCATION AND THE WORKFORCE U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION HEARING HELD IN WASHINGTON, DC, JULY 7, 2011 Serial No. 112–31 Printed for the use of the Committee on Education and the Workforce ( Available via the World Wide Web: www.gpo.gov/fdsys/browse/committee.action?chamber=house&committee=education or Committee address: http://edworkforce.house.gov U.S. GOVERNMENT PRINTING OFFICE 67–240 PDF WASHINGTON : 2011 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON EDUCATION AND THE WORKFORCE JOHN KLINE, Minnesota, Chairman Thomas E. Petri, Wisconsin George Miller, California, Howard P. ‘‘Buck’’ McKeon, California Senior Democratic Member Judy Biggert, Illinois Dale E. Kildee, Michigan Todd Russell Platts, Pennsylvania Donald M. Payne, New Jersey Joe Wilson, South Carolina Robert E. Andrews, New Jersey Virginia Foxx, North Carolina Robert C. ‘‘Bobby’’ Scott, Virginia Bob Goodlatte, Virginia Lynn C. Woolsey, California Duncan Hunter, California Rube´n Hinojosa, Texas David P. Roe, Tennessee Carolyn McCarthy, New York Glenn Thompson, Pennsylvania John F. Tierney, Massachusetts Tim Walberg, Michigan Dennis J. Kucinich, Ohio Scott DesJarlais, Tennessee David Wu, Oregon Richard L. Hanna, New York Rush D. Holt, New Jersey Todd Rokita, Indiana Susan A. Davis, California Larry Bucshon, Indiana Rau´ l M. Grijalva, Arizona Trey Gowdy, South Carolina Timothy H. Bishop, New York Lou Barletta, Pennsylvania David Loebsack, Iowa Kristi L. Noem, South Dakota Mazie K. Hirono, Hawaii Martha Roby, Alabama Joseph J. Heck, Nevada Dennis A. Ross, Florida Mike Kelly, Pennsylvania Barrett Karr, Staff Director Jody Calemine, Minority Staff Director (II) CONTENTS Page Hearing held on July 7, 2011 ................................................................................. 1 Statement of Members: Kline, Hon. John, Chairman, Committee on Education and the Workforce 1 Prepared statement of ............................................................................... 3 McKeon, Hon. Howard P. ‘‘Buck,’’ a Representative in Congress from the State of California, prepared statement of ........................................... 6 Miller, Hon. George, senior democratic member, Committee on Education and the Workforce ......................................................................................... 4 Prepared statement of ............................................................................... 5 Statement of Witnesses: Carew, John, president, Carew Concrete & Supply Co. ................................ 33 Prepared statement of ............................................................................... 35 Dau-Schmidt, Kenneth G., J.D., Ph.D., Willard and Margaret Carr pro- fessor of labor and employment law, Indiana University Maurer School of Law ............................................................................................................ 25 Prepared statement of ............................................................................... 27 Getts, Larry, employee of Dana Corporation ................................................. 22 Prepared statement of ............................................................................... 23 Lotito, Michael J., partner, Jackson Lewis LLP ............................................ 37 Prepared statement of ............................................................................... 38 Schaumber, Peter C., former Chairman, National Labor Relations Board . 8 Prepared statement of ............................................................................... 10 Additional Submissions: Bishop, Hon. Timothy H., a Representative in Congress from the State of New York: Reitz, William, T–Mobile USA worker, prepared statement of ............. 74 Hirono, Hon. Mazie K., a Representative in Congress from the State of Hawaii: Bixby, R. Brian, prepared statement of ................................................... 99 Holt, Hon. Rush D., a Representative in Congress from the State of New Jersey: Letter dated June 23, 2011, from Service Employees International Union ...................................................................................................... 101 McCarthy, Hon. Carolyn, a Representative in Congress from the State of New York: Tench, Veronica, lab assistant, St. Vincent’s Medical Center, pre- pared statement of ................................................................................. 58 Mr. Miller: Follow-up statement for the record .......................................................... 94 Burns, Melinda, newspaper reporter, prepared statement of ................ 95 Fisk, Catherine L., chancellor’s professor of law, University of Cali- fornia, Irvine, letter dated July 6, 2011 ............................................... 97 Grace, Brandii, prepared statement of .................................................... 95 Miechur, Trisha, certified nurse’s aide, HCR ManorCare, prepared statement of ........................................................................................... 98 ‘‘Employee Rights’’ poster ......................................................................... 90 Mr. Schaumber: NLRB Decision, cases 1–CA–39764, 1–CA–39971, 1–CA–39972, and 1–CA–40139, ‘‘Shaw’s Supermarkets, Inc. and United Food and Commercial Workers International Union, Local 1445, AFL-CIO,’’ Internet address to ................................................................................ 91 (III) IV Page Additional Submissions—Continued Mr. Schaumber—Continued NLRB Decision, case no. 9–CA–40471, ‘‘Diversicare Leasing Corp. d/b/a Wurtland Nursing & Rehabilitation Center and District 1199, The Health Care and Social Service Union, SEIU,’’ Internet ad- dress to ................................................................................................... 91 U.S. Chamber of Commerce white paper, ‘‘Responding to Union Rhet- oric: The Reality of the American Workplace,’’ Internet address to ............................................................................................................. 85 RUSHING UNION ELECTIONS: PROTECTING THE INTERESTS OF BIG LABOR AT THE EXPENSE OF WORKERS’ FREE CHOICE Thursday, July 7, 2011 U.S. House of Representatives Committee on Education and the Workforce Washington, DC The committee met, pursuant to call, at 10:05 a.m., in room 2175, Rayburn House Office Building, Hon. John Kline [chairman of the committee] presiding. Present: Representatives Kline, Petri, McKeon, Biggert, Platts, Wilson, Foxx, Goodlatte, Hunter, Roe, Walberg, DesJarlais, Hanna, Rokita, Bucshon, Gowdy, Barletta, Roby, Ross, Kelly, Miller, Kil- dee, Payne, Andrews, Woolsey, Hinojosa, McCarthy, Tierney, Kuci- nich, Wu, Holt, Davis, Bishop, and Hirono. Staff present: Andrew Banducci, Professional Staff Member; Katherine Bathgate, Press Assistant/New Media Coordinator; Casey Buboltz, Coalitions and Member Services Coordinator; Ed Gilroy, Director of Workforce Policy; Benjamin Hoog, Legislative Assistant; Marvin Kaplan, Professional Staff Member; Barrett Karr, Staff Director; Ryan Kearney, Legislative Assistant; Brian Newell, Deputy Communications Director; Krisann Pearce, General Counsel; Molly McLaughlin Salmi, Deputy Director of Workforce Policy; Linda Stevens, Chief Clerk/Assistant to the General Coun- sel; Alissa Strawcutter, Deputy Clerk; Loren Sweatt, Senior Policy Advisor; Kate Ahlgren, Minority Investigative Counsel; Aaron Albright, Minority Communications Director for Labor; Tylease Alli, Minority Clerk; Jody Calemine, Minority Staff Director; John D’Elia, Minority Staff Assistant; Brian Levin, Minority New Media Press Assistant; Celine McNicholas, Minority Labor Counsel; Megan O’Reilly, Minority General Counsel; Julie Peller, Minority Deputy Staff Director; Meredith Regine, Minority Labor Policy As- sociate; and Michele Varnhagen, Minority Chief Policy Advisor/ Labor Policy Director. Chairman KLINE. A quorum being present, the committee will come to order. Good morning, everyone. I would like to welcome our guests and thank our witnesses for being with us today. This week, the Wall Street Journal noted that, quote—‘‘The stumbling recovery has also proven to be the worst since the eco- nomic disaster of the 1930s.’’ With the backdrop of this difficult economy, we meet today to discuss the National Labor Relations Board’s recent proposal to rush union elections. (1) 2 This proposal is the latest example of an activist NLRB crafting a solution to a problem that does not exist. The proposal will enact sweeping change to the nation’s workplaces at a time when many employers are struggling to keep their businesses open, and nearly 14 million individuals are searching for work. It is a step in the wrong direction, and we must reverse course. The board’s flawed proposal will upend an election system that has served employers and workers well for decades. On average, elec- tions are held within 31 days of the date a petition is filed. Last year, 95 percent of all initial elections were conducted in less than 60 days. In 2009, the median time between notice of a preelection hearing and the end of the same hearing was just 13 days. Acting general counsel, Leif Solomon, described this record
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