Providing for Consideration of H.R. 3094, Workforce Democracy and Fairness Act

Floor Speech

Date: Nov. 18, 2011
Location: Washington, DC

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Mr. POLIS. Mr. Speaker, I thank the gentlelady for yielding me the customary 30 minutes, and I yield myself such time as I may consume.

I rise today in opposition to the rule and the underlying bill.

Mr. Speaker, with this rule and underlying bill, Congress continues months of inaction on job growth, months of ignoring real solutions, choosing instead to use our economic struggles as an excuse to push partisan and ideological legislation.

The American people deserve jobs now rather than bills aimed only at stoking the rhetorical fires and antagonizing political opponents. It's time to stop the games and seek compromise for the betterment of our Nation.

A middle class tax increase is looming. With the extension of the payroll tax, many middle class families earning $70,000 to $80,000 a year will be forced to pay over a $1,000 a year more in taxes. Apparently, the Republicans believe that the government knows how to spend their money better than American families.

As a businessman and an entrepreneur, I'm proud to have created many jobs and many businesses. I meet with the businesses in my district on a regular basis. Not a single business has raised this issue as any kind of impediment to job growth, any kind of impediment to getting the economy growing again. This is simply a non-related subject that pursues a longtime agenda to destroy the ability of workers to organize.

This bill represents the Ohio-ization of America. Just as Republicans attempted in the State of Ohio, House Republicans are simply union busting. But we saw what happened in Ohio, where Ohioans across the ideological spectrum overwhelmingly said ``no'' to this kind of anti-worker agenda. And the American people reject it as well.

This bill's singular goal is to shut down workplace elections. It would overturn the proposed National Labor Relations Board rule, it would modernize the union election process and avoid delays. But instead of creating efficiency in government, the workplace election prevention actually mandates inefficiency; it makes inefficiency the norm rather than the exception. The bill puts in place 35-day delays in holding elections after filing petitions. The bill includes no limit on how long the elections can be delayed.

In the case of workplace elections, delay is a critical issue. The intent of delaying an election is to give anti-union employers a chance to prevent workers from organizing. Despite Republicans' professed outrage over frivolous lawsuits and tort reform and many other areas, H.R. 3094 incentivizes a mountain of litigation for the sole purpose of stalling workplace elections. This creates a massive backlog of cases, including frivolous ones, all on the taxpayers' dime. Republicans don't seem to have a problem with trial lawyers as long as they're suing unions.

This bill even allows managers to stuff the ballot boxes of employer elections.

Now, Mr. Speaker, I'm sure many of us in this body here are following our State redistricting processes to see how various districts across the country are gerrymandered. What this bill would allow employers to do is effectively gerrymander what the negotiating unit is at the company. If there's a group of employees that's interested in forming a union, it would give the employer the ability to say, no, that's actually not a valid group; it needs to include this other group or this other group, and decide on what the electoral body is, what is the electorate, choosing their own electorate, as too many Members of Congress attempt to do through the redistricting process, choosing their electorate to try to rig the election against the workers.

This bill is just the latest assault on workers' rights and it's, again, typical of this do-nothing Congress. The Republicans have been fixated on attacking the National Labor Relations Board, the board that is in place to strike a balance between labor and employers by cutting the agency's funding, by holding up new appointments and, now, by reversing a rule on notice-posting to inform employees of their rights.

Mr. Speaker, the people are wise to see what's going on here in Congress. Every week we're in session, we see a parade of special interest bills paraded on the House floor, while taxes for middle class families risk going up because the Republicans believe that government knows how to spend their money better than the American people. The big energy companies have got numerous exemptions from the Clean Air and Clean Water Acts. The rest of us got pollution, asthma, and other illness.

Look, is it possible to create jobs by lowering standards? It is. If you want to remove workplace safety standards you can create jobs, unsafe jobs. If you want to reduce the minimum wage to $2 an hour, you can create jobs, $2-an-hour jobs.

Is that the America we want? Is that the America we want for our children and grandchildren? We can do better, and we must do better.

Why are we here? When will Americans get the jobs bill that we desperately need to the floor of the House of Representatives?

If you've got some ideas to create jobs, let's get them out, put them in front of us and discuss them. Let's start by preventing the payroll taxes from going up for middle class Americans.

It's obvious why this body has an approval rating that's actually lower than communism now, and even lower than President Nixon when he resigned. It's time for this Congress to get to work to provide solutions to help get this economy going, or it's going to be time to get a new Congress.

I reserve the balance of my time.

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Mr. POLIS. Very well.

I yield myself the balance of my time.

Mr. Speaker, the middle class of this country doesn't need a higher payroll tax, more dirty air, dirty water, fewer workers' rights; and they certainly don't need more partisan gridlock in this do-nothing Congress. Yet that is what is being offered here today.

The American people and the American economy need jobs, need optimism. Our Nation needs to know that we're working to ensure American competitiveness and access to hope and opportunity, to work to ensure that kids get the best education in the world so we can drive the economic engine of today and tomorrow, invent new technologies, propel future generations of American ingenuity and leadership.

This kind of political gridlock in this do-nothing Congress does not help America move forward. This bill's singular goal is to delay and ultimately prevent workers from voting in workplace elections. These rights have helped to create the American middle class in the last century. In recent decades, the erosion of these rights has lowered paychecks for families, led to jobs outsourcing overseas, and widened the income disparities in our society.

Are environmental and workplace laws, which have been around for decades, the reason the economy is lagging? Of course not. Yet these are the types of so-called solutions that are being put forward in bill after bill after bill.

Let's talk about preventing a looming increase on taxes in the middle class. I encourage the supercommittee and, if it need be, standalone legislation to ensure that we can keep payroll taxes at their current level. It's time for Congress to take up the President's Jobs Act, which includes extending the middle class tax cut. The American Jobs Act, which Republicans still refuse to consider, includes job-creating proposals, including rebuilding our schools, tax breaks for small businesses to create jobs, and modernizing our air traffic control system.

It's time for this Congress to stand up for the American people, to offer solutions, to get serious about getting our economy back on track instead of just scoring political points that appeal to the base.

I urge a ``no'' vote on this rule and the underlying bill, and I yield back the balance of my time.

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