Protecting the Right to Organize Act of 2021
Latest action · Mar 11, 2021 Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 4, 2021
- Passed HouseMar 9, 2021
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Protecting the Right to Organize Act of 2021
This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace.
Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes.
The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes.
The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation.
The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include
- providing information about a potential violation to an enforcement agency,
- participating in an enforcement proceeding,
- initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or
- refusing to participate in an activity the employee reasonably believes is a violation of labor laws.
Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.
Recorded votes 4
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 70 | On Passage | Passed225–206 | Mar 9, 2021 |
| House 69 | On Motion to Recommit | Failed206–218 | Mar 9, 2021 |
| House 68 | On Agreeing to the Amendment | Failed185–243 | Mar 9, 2021 |
| House 67 | On Agreeing to the Amendment | Agreed to227–196 | Mar 9, 2021 |
Cosponsors 213
Members who signed on, in the order they did. Signatures ran from Feb 4, 2021 to Mar 8, 2021; 195 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-VA | A. Donald McEachin | Original | Feb 4, 2021 |
| D-CA | Adam B. Schiff | Original | Feb 4, 2021 |
| D-WA | Adam Smith | Original | Feb 4, 2021 |
| D-NY | Adriano Espaillat | Original | Feb 4, 2021 |
| D-TX | Al Green | Original | Feb 4, 2021 |
| D-FL | Al Lawson, Jr. | Original | Feb 4, 2021 |
| D-CA | Alan S. Lowenthal | Original | Feb 4, 2021 |
| D-NJ | Albio Sires | Original | Feb 4, 2021 |
| D-FL | Alcee L. Hastings | Original | Feb 4, 2021 |
| D-NY | Alexandria Ocasio-Cortez | Original | Feb 4, 2021 |
| D-NC | Alma S. Adams | Original | Feb 4, 2021 |
| D-IN | André Carson | Original | Feb 4, 2021 |
| D-NJ | Andy Kim | Original | Feb 4, 2021 |
| D-MI | Andy Levin | Original | Feb 4, 2021 |
| D-MN | Angie Craig | Original | Feb 4, 2021 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Feb 4, 2021 |
| Senate | Health, Education, Labor, and Pensions Committee | Referred Mar 11, 2021 |
Actions 21
Everything that happened, newest first.
- Mar 11, 2021Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Mar 9, 2021Considered under the provisions of rule H. Res. 188. (consideration: CR H1134-1163; text: CR H1134-1137)
- Mar 9, 2021Rule provides for consideration of H.R. 842, H.R. 8 and H.R. 1446. Rule provides for one hour of general debate for H.R. 842, H.R. 8, and H.R. 1446. The rule provides for a motion to recommit on H.R. 842, H.R. 8, and H.R. 1446.
- Mar 9, 2021DEBATE - The House proceeded with one hour of debate on H.R. 842.
- Mar 9, 2021DEBATE - Pursuant to the provisions of H. Res. 188, the House proceeded with 20 minutes of debate on the Scott (VA) amendment en bloc No. 1.
- Mar 9, 2021POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment en bloc No. 1, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Foxx demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
- Mar 9, 2021DEBATE - Pursuant to the provisions of H. Res. 188, the House proceeded with 20 minutes of debate on the Scott (VA) amendment en bloc No. 2.
- Mar 9, 2021POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment en bloc No. 2, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Ms. Foxx demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
- Mar 9, 2021Pursuant to clause 1(c) of Rule XIX, further consideration of H.R.842 is postponed.
- Mar 9, 2021Pursuant to clause 1(c) of Rule XIX, the House resumed further consideration of H.R. 842.
- Mar 9, 2021Considered as unfinished business. (consideration: CR H1174-1178)
- Mar 9, 2021UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on agreeing to the amendments which had been debated earlier and on which further proceedings had been postponed.
- Mar 9, 2021Mr. Banks moved to recommit to the Committee on Education and Labor. (text: CR H1176-1177)
- Mar 9, 2021The previous question was ordered pursuant to the rule.
- Mar 9, 2021The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
- Mar 9, 2021On motion to recommit Failed by the Yeas and Nays: 206 - 218 (Roll no. 69).
- Mar 9, 2021Passed/agreed to in House: On passage Passed by the Yeas and Nays: 225 - 206 (Roll no. 70).
- Mar 9, 2021Motion to reconsider laid on the table Agreed to without objection.
- Mar 8, 2021Rules Committee Resolution H. Res. 188 Reported to House. Rule provides for consideration of H.R. 842, H.R. 8 and H.R. 1446. Rule provides for one hour of general debate for H.R. 842, H.R. 8, and H.R. 1446. The rule provides for a motion to recommit on H.R. 842, H.R. 8, and H.R. 1446.
- Feb 4, 2021Introduced in House
- Feb 4, 2021Referred to the House Committee on Education and Labor.
In the Congressional Record 12
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E1302 | Sheila Jackson Lee D-TX | Dec 15, 2022 |
| House | Debate and remarks H8054 | Glenn Grothman R-WI | Sep 21, 2022 |
| House | Debate and remarks H5738 | Virginia Foxx R-NC | Jun 22, 2022 |
| House | Debate and remarks H5918, H5920 | Nancy Pelosi D-CA, Robert C. "Bobby" Scott D-VA | Oct 26, 2021 |
| House | Debate and remarks H5682 | Jesús G. "Chuy" García D-IL | Oct 20, 2021 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 167, no. 21, February 4, 2021, page H388.
Printed hearings 7
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 117-56 | IN SOLIDARITY: REMOVING BARRIERS TO UNION ORGANIZING252 pages | Education and Workforce Committee | Sep 14, 2022 |
| Serial No. 117-35 | INDUSTRY AND LABOR PERSPECTIVES: A FURTHER LOOK AT NORTH AMERICAN SUPPLY CHAIN CHALLENGES191 pages | Transportation and Infrastructure Committee | Nov 17, 2021 |
| Serial No. 117-34 | CLOSING THE COURTHOUSE DOORS: THE INJUSTICE OF FORCED ARBITRATION AGREEMENTS135 pages | Education and Workforce Committee | Nov 4, 2021 |
| Serial No. 117-20 | THE IMMEDIATE CHALLENGES TO OUR NATION'S FOOD SUPPLY CHAIN203 pages | Agriculture Committee | Nov 3, 2021 |
| S. Hrg. 117-197 | THE RIGHT TO ORGANIZE: EMPOWERING AMERICAN WORKERS IN A 21ST CENTURY ECONOMY88 pages | Health, Education, Labor, and Pensions Committee | Jul 22, 2021 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R46765 | Worker Classification: Employee Status Under the National Labor Relations Act, the Fair Labor Standards Act, and the ABC Test | Report | Apr 20, 2021 |
Amendments 3
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 24 | Pursuant to the provisions of H. Res. 188, the amendment printed in part A of House Report 117-10 is considered adopted. | Rules Committee | On agreeing to the Rules amendment (A001) Agreed to without objection. |
| HAmdt 25 | Amendments en bloc No. 1 comprised of amendments numbered 1, 4, 9, 11, 12, 13, 14, 15, 16, and 17, printed in Part B of House Report 117-10. | Robert C. "Bobby" Scott D-VA | On agreeing to the Scott (VA) amendments (A002) Agreed to by the Yeas and Nays: 227 - 196 (Roll no. 67). |
| HAmdt 26 | Amendments en bloc No. 2 comprised of amendments numbered 2, 3, 5, 6, 7, 8, 10, 18, and 19, printed in Part B of House Report 117-10. | Robert C. "Bobby" Scott D-VA | On agreeing to the Scott (VA) amendments (A003) Failed by the Yeas and Nays: 185 - 243 (Roll no. 68). |
Related bills 3
Companion bills and other measures the record links to this one.
Titles 4
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959, and for other purposes.
- Short Title(s) as Introduced
- Protecting the Right to Organize Act of 2021
- Short Title(s) as Passed House
- Protecting the Right to Organize Act of 2021
- Short Titles from RFS (Referred to Senate) bill text
- Protecting the Right to Organize Act of 2021
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
- Administrative law and regulatory procedures
- Administrative remedies
- Civil actions and liability
- Congressional oversight
- Employee benefits and pensions
- Employment discrimination and employee rights
- Government studies and investigations
- Health care costs and insurance
- Judicial review and appeals
- Labor and Employment
- Labor-management relations
- National Labor Relations Board (NLRB)
- Wages and earnings
- Worker safety and health
Text 3
Each version as it was printed, newest first.
- Mar 11, 2021Referred in Senate
- Mar 9, 2021Engrossed in House
- Feb 4, 2021Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
