House Education & Workforce Committee

House Republicans, led by Representative Martha Roby (R-AL), today introduced legislation that will remove an unnecessary federal restriction on the private-sector and help Americans better balance family and work. The Working Families Flexibility Act of 2013 (H.R. 1406) would allow private-sector workers to receive paid time off or ‘comp time’ for overtime hours worked. Rep. Tim Walberg (R-MI), chairman of the Subcommittee on Workforce Protections and original cosponsor of the bill, will chair a legislative hearing on Thursday, April 11 at 10 a.m. to discuss the proposal. The hearing will take place in room 2175 of the Rayburn House Office Building.

“I often meet working moms and dads who say they need more time to spend with family or to take care of responsibilities outside of work,” said Rep. Roby. “But right now the law prohibits private businesses from offering comp time options for their employees, even though it is legal in the public sector. Washington shouldn't stand in the way of an employer and an employee coming to a ‘comp time’ agreement that each is happy with. As a working mom myself, I’m proud to carry legislation that will empower employees with more freedom to control their overtime compensation so they can budget more time to spend with their families.”

According to a 2013 Pew Research survey, 53 percent of working parents say it is difficult to balance the responsibilities of family and the workplace. For nearly 30 years, public-sector workers have been able to receive comp time for working overtime hours, allowing greater flexibility to meet family obligations. However, the Fair Labor Standards Act of 1938 prevents private-sector workers from enjoying the same benefit.

“The workforce has changed dramatically over the years, yet some federal laws remain stuck in the past,” said House Education and the Workforce Committee Chairman John Kline (R-MN). “Too many Americans struggle to care for their families while also meeting the demands of work. No one should miss an important event in a child’s life or be denied time with an aging relative because of some outdated federal law. By providing more flexibility, this commonsense proposal will help strengthen families and support a more prosperous workforce.”

The Working Families Flexibility Act of 2013:

• Allows employers to offer employees a choice between cash wages and comp time for overtime hours worked. Employees who want to receive cash wages would continue to do so.
                                                                                        
• Protects employees by requiring the employer and the employee to complete a written agreement to use comp time, entered into knowingly and voluntarily by the employee.
      
• Retains all existing employee protections in current law, including the 40 hour work week and how overtime compensation is accrued. The bill adds additional safeguards for workers to ensure the choice and use of comp time are truly voluntary.
                                                                                         
• Allows employees to accrue up to 160 hours of comp time each year.  An employer would be required to pay cash wages for any unused time at the end of the year. Workers are free to ‘cash out’ their accrued comp time whenever they choose to do so.

To learn more about the Working Families Flexibility Act of 2013, click here.

To learn more about the bill’s employee protections, click here.

To read the text of the legislation, click here.

To learn more about Thursday’s hearing, click here. 


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House Republicans, led by Representative Martha Roby (R-AL), today introduced legislation that will remove an unnecessary federal restriction on the private sector and help Americans better balance family and work. The Working Families Flexibility Act of 2013 (H.R. 1406) would allow private-sector workers to receive paid time off or ‘comp time’ for overtime hours worked. Rep. Tim Walberg (R-MI), chairman of the Subcommittee on Workforce Protections and original cosponsor of the bill, will chair a legislative hearing on Thursday, April 11 at 10 a.m. to discuss the proposal. The hearing will take place in room 2175 of the Rayburn House Office Building.

“I often meet working moms and dads who say they need more time to spend with family or to take care of responsibilities outside of work,” said Rep. Roby. “But right now the law prohibits private businesses from offering comp time options for their employees, even though it is legal in the public sector. Washington shouldn't stand in the way of an employer and an employee coming to a ‘comp time’ agreement that each is happy with. As a working mom myself, I’m proud to carry legislation that will empower employees with more freedom to control their overtime compensation so they can budget more time to spend with their families.”

According to a 2013 Pew Research survey, 53 percent of working parents say it is difficult to balance the responsibilities of family and the workplace. For nearly 30 years, public-sector workers have been able to receive comp time for working overtime hours, allowing greater flexibility to meet family obligations. However, the Fair Labor Standards Act of 1938 prevents private-sector workers from enjoying the same benefit.

“The workforce has changed dramatically over the years, yet some federal laws remain stuck in the past,” said House Education and the Workforce Committee Chairman John Kline (R-MN). “Too many Americans struggle to care for their families while also meeting the demands of work. No one should miss an important event in a child’s life or be denied time with an aging relative because of some outdated federal law. By providing more flexibility, this commonsense proposal will help strengthen families and support a more prosperous workforce.”

The Working Families Flexibility Act of 2013:

• Allows employers to offer employees a choice between cash wages and comp time for overtime hours worked.  Employees who want to receive cash wages would continue to do so.
• Protects employees by requiring the employer and the employee to complete a written agreement to use comp time, entered into knowingly and voluntarily by the employee. 
• Retains all existing employee protections in current law, including the 40 hour work week and how overtime compensation is accrued. The bill adds additional safeguards for workers to ensure the choice and use of comp time are truly voluntary.
• Allows employees to accrue up to 160 hours of comp time each year.  An employer would be required to pay cash wages for any unused time at the end of the year. Workers are free to ‘cash out’ their accrued comp time whenever they choose to do so.

To learn more about the Working Families Flexibility Act of 2013, click here.

To learn more about the bill’s employee protections, click here.

To read the text of the legislation, click here.

To learn more about Thursday’s hearing, click here.

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U.S. House Committee on Education and the Workforce Chairman John Kline (R-MN) and Subcommittee on Health, Employment, Labor, and Pensions Chairman Phil Roe (R-TN) today released the following statement after President Obama announced three nominations for the National Labor Relations Board (NLRB):

While we welcome the president's long-overdue effort to resolve the crisis he created, today’s announcement does not abate the chaos surrounding the National Labor Relations Board. Workers, employers, and unions are stuck in a state of legal limbo as roughly 600 decisions issued by this board remain constitutionally suspect. The House will act this week to prevent the board from exacerbating the current legal uncertainty.
 
The American people deserve a board that will fairly and objectively administer the law. In recent years the board has instead advanced extreme policies harmful to the rights of workers and job creators. We intend to closely follow the confirmation process and expect the nominees to demonstrate a commitment to abandon an activist agenda.

NOTE: In February, House Republican leaders urged the president to fix the crisis created by his non-recess recess appointment scheme. This week the House is expected to consider H.R. 1120, the Preventing Greater Uncertainty in Labor-Management Relations Act. The bill requires the board to cease all activity until the uncertainty surrounding the NLRB is resolved. The legislation also requires a constitutionally confirmed quorum of board members to review all decisions issued since January 4, 2012.

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Chairwoman Foxx, I appreciate your time this morning to travel from North Carolina to be here with us.  I would like to thank all of the staff here at Monroe County Community College for the time it took them to prepare for this hearing and allowing us to use their facilities.  To our witnesses, I would also like to thank you for making time to participate today.  This is a unique opportunity to shine a national spotlight on how higher education, community leaders and businesses in Michigan are effectively bridging what is now come to be known as the Skills Gap. 

Well before the financial crisis of 2008, our communities here in Michigan wrestled with the challenge of ensuring the skills possessed by our workforce meet the skills demanded by our ever-evolving job market.  Bridging this gap ensures our ability to grow business and compete domestically and internationally.   

In Michigan the unemployment rate is near 9 percent and yet we hear from entrepreneurs every day that Michigan is “open for business.”  The predicament many businesses face is that they simply cannot find enough employees with the skills and training to fill their demand for jobs.  In fact, M-I-Talent.org - one of the premier sites that Michigan employers use to recruit talent -shows that demand for jobs.  A search within 50 miles of where we are sitting shows there are more than 16 thousand jobs currently available today.  Remarkably, that number would be substantially higher if it were not for some of the institutions of higher education, businesses, and workforce development agencies across the region that are represented in this room.  

Despite the tough economic circumstances we face, employers like DTE and many others that call our region home continue to renew and expand their operations and demand educated employees.  They see the value in working with schools like Siena Heights University and community colleges like those in Jackson and Monroe County to teach future employees the skills needed to fill these good paying jobs which can support their families. 

One of our tasks on the Subcommittee on Higher Education and Workforce Training requires us to examine actions we can be taking on the federal level in using hard-working taxpayer dollars effectively to encourage our institutions of higher education and job creators to work in collaboration in getting job seekers prepared for the careers currently available.

One such action we recently took was to pass the SKILLS Act that was authored by my colleague sitting next to me and the Chairwoman of this Subcommittee, Dr. Foxx.  The SKILLS Act would consolidate and streamline our workforce development processes to make them more efficient and ensure that hardworking taxpayers see their money spent wisely.  The legislation places an emphasis on workforce development at the local level by requiring local workforce boards to set aside a portion of their funding for training programs.  This will enable community colleges, such as Monroe and Jackson, to contract with their local boards to more adequately address the needs of their community and students.

I believe the SKILLS Act was a significant step to help Michigan’s job seekers.  As we go about our work in the U.S. House of Representatives and the Education and Workforce Committee we need to continue on the path of working to reform our federal policies that enable job creation for a healthy economy. It is my goal to highlight what many schools and businesses in our great state are already doing by collaborating with job creators to ensure students learn the skills necessary for what is currently in demand as well as what will be in the future. 

Good morning, and welcome to the first field hearing of the Subcommittee on Higher Education and Workforce Training in the 113th Congress. It is good to be here in Michigan’s 7th District with my esteemed colleague Representative Walberg. Thank you all for joining us. I’d like to extend a special thanks to our witnesses. I know you all have busy schedules, and we are grateful that you are taking the time to share your valuable insight with us today.

Despite recent employment gains, these are still tough times for far too many Americans. Here in Michigan, the unemployment rate stands at 8.8 percent – higher than the national rate. Meanwhile, local job creators report they are unable to find workers with the skills necessary to compete for available jobs. This issue, called the “skills gap,” was the subject of a recent two day conference Governor Rick Snyder hosted with many of Michigan’s business, education, and government leaders.

Our nation’s economy is only as strong as its workforce. And right now, the federal system intended to help workers access the education and skills they need to succeed is broken. To support our workforce and tackle the skills gap problem, the U.S. House of Representatives approved legislation last month that will ensure workers have access to a more efficient and effective workforce development system. The legislation, known as the SKILLS Act, will eliminate waste and better align available education and workforce development programs with the needs of local employers and workers.

However, more must be done. In the coming months, the committee will begin its work to reform the nation’s higher education system. As part of that effort, my colleagues and I will discuss responsible reforms that will help provide institutions with additional flexibility so they can be more responsive to the needs of students, the community, and the local workforce. We must also work to eliminate federal mandates and red tape that raise costs for schools and prevent innovation.

As a former community college president and university administrator, I understand the importance of forging partnerships between businesses, communities, and institutions of higher education.  When I was at Mayland Community College, I worked with business owners and community leaders to collaborate on ways we could better meet the needs of the local economy and workforce.  Investing in those relationships helps ensure businesses have a skilled workforce while also providing opportunities for students to advance their education. 

In addition to learning about the challenges and opportunities facing Michigan’s schools and workplaces, the committee is very interested to hear your take on federal policies that may be standing in the way of job creation. As we work to foster a growing economy, we must make sure Washington does not block the road to growth and prosperity.  I hope we can have a productive discussion today on ways we can work together – at the local, state, and federal level – to help rebuild our economy and help support a more prosperous future for families here in Michigan and across the United States.

Again, we appreciate our panelists’ participation in today’s hearing, and I’m looking forward to getting this discussion underway. Let me also thank Mr. Walberg for his gracious invitation to hold a field hearing here in his district, and without objection, I now yield to him for his opening remarks.  

THE PROBLEM:

For many Americans, balancing the demands of family and the workplace can be difficult. State and local government employees have long been able to choose paid time off as compensation for working overtime hours, allowing these public-sector employees greater flexibility to meet family obligations. However, the federal government prohibits private-sector workers from enjoying this same benefit. An outdated federal law has become an impediment to employers who want to help employees manage work and family responsibilities.

THE SOLUTION:

To remove this obstacle in federal law, Representative Martha Roby (R-AL) introduced the Working Families Flexibility Act of 2013. The legislation would amend the Fair Labor Standards Act of 1938 to allow employers to offer private-sector employees the choice of paid time off in lieu of cash wages for overtime hours worked.  It is pro-family, pro-worker legislation that gives workers the flexibility to spend time with family, attend teacher conferences, care for aging parents, stay home with a newborn, or attend to other family needs that may arise. 

H.R. 1406 - THE WORKING FAMILIES FLEXIBILITY ACT OF 2013:

• Allows employers to offer employees a choice between cash wages and comp time for overtime hours worked. Employees who want to receive cash wages would continue to do so. No employee can be forced to take comp time instead of receiving overtime pay.
    
• Protects employees by requiring the employer and the employee to complete a written agreement to use comp time, entered into knowingly and voluntarily by the employee. Where the employee is represented by a union, the agreement to take comp time must be part of the collective bargaining agreement negotiated between the union and the employer.
    
• Retains all existing employee protections in current law, including the 40 hour work week and how overtime compensation is accrued. The bill adds additional safeguards for workers to ensure the choice and use of comp time are truly voluntary.
    
• Allows employees to accrue up to 160 hours of comp time each year.  An employer would be required to pay cash wages for any unused time at the end of the year. Workers are free to ‘cash out’ their accrued comp time whenever they choose to do so.

The Working Families Flexibility Act is commonsense legislation that will help American workers better balance the needs of family and the workplace.

To help Americans balance the needs of family and work, Rep. Martha Roby (R-AL) introduced the Working Families Flexibility Act of 2013 (H.R. 1406). This commonsense legislation would allow private-sector workers to choose paid time off or ‘comp time’ instead of cash wages as compensation for working overtime hours. Public-sector employees have enjoyed this benefit for almost 30 years; it’s time private-sector workers had the same opportunity. The Working Families Flexibility Act includes numerous protections to ensure workers can choose whichever overtime compensation they prefer.

• The decision to receive comp time is completely voluntary. An employee who prefers to receive cash payment for overtime hours worked is always free to do so.
    
• Workers can withdraw from a comp time agreement whenever they choose. An employee who changes his or her mind will receive cash wages for accrued comp time within 30 days.
   
• All existing protections in the Fair Labor Standards Act are maintained, including the 40-hour work week and how overtime compensation is accrued.
    
• It is up to the employee to decide when to use his or her comp time, as long as he or she provides reasonable notice and the requested time off does not unduly disrupt the business – the same standard used for public-sector workers.
   
• An employee can cash out his or her unused comp time for any reason and at any time. Employers are required to provide cash wages within 30 days of receiving an employee request.
   
• No worker can be intimidated, coerced, or forced to accept comp time instead of cash wages. Employers who coerce employees into choosing comp time would be liable to the employees for double damages.
   
• All existing enforcement remedies – including action by the U.S. Department of Labor – are available to workers if an employer fails to pay cash wages for overtime hours or unreasonably refuses to allow workers to use accrued comp time.
   
• An employer can only cash out an individual’s accrued comp time in excess of 80 hours, protecting an employee’s ability to use a significant portion of the paid time off he or she has earned.
   
• Employers must provide employees 30 days’ notice of a decision to discontinue offering comp time, providing workers and their families an opportunity to adjust to this change in the workplace.

On Wednesday, April 10 at 10:00 a.m., the Subcommittee on Early Childhood, Elementary, and Secondary Education, chaired by Rep. Todd Rokita (R-IN), will hold a hearing entitled “Raising the Bar: Reviewing STEM Education in America.” The hearing will take place in room 2175 of the Rayburn House Office Building.

By 2018 the United States will have more than 1.2 million job openings in science, technology, engineering and math (STEM) occupations. Yet there is growing concern employers will be unable to fill these high paying jobs because too few students graduate high school prepared to pursue STEM-related opportunities. The federal government has taken an active role in improving STEM education, but a 2012 report from the Government Accountability Office raised significant questions about the effectiveness of those efforts. The report found 83 percent of federal programs overlap in some way, while most programs have never been evaluated.  

Wednesday’s hearing will provide members an opportunity to examine federal STEM programs and discuss ways to help ensure students gain the knowledge and critical thinking skills necessary to succeed in STEM-related careers. To learn more about this hearing, visit www.edworkforce.house.gov/hearings.

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WITNESS LIST

Mr. George A. Scott
Director for Education, Workforce, and Income Security Issues
U.S. Government Accountability Office
Washington, D.C.

Dr. Ioannis Miaoulis
President and Director
Museum of Science, Boston
Boston, MA

Dr. Steve Schneider
Senior Program Director
WestEd
San Francisco, CA

Mr. Bill Kurtz
Chief Executive Officer
Denver School of Science and Technology
Denver, CO

U.S. House Committee on Education and the Workforce Chairman John Kline (R-MN) today released the following statement on the third anniversary of the Upper Big Branch mining disaster:

A reckless mine operator and a failure of safety enforcement contributed to the worst mining disaster in forty years. As a nation, we were stunned by the magnitude of the tragedy and inspired by the heroism of rescuers who risked their lives to save others. Mining is dangerous work but it shouldn't be deadly. Efforts to strengthen federal mine safety protections continue. Today we remember the twenty-nine men who died and the families that were forever changed. They and the entire community of Montcoal, West Virginia remain in our thoughts and prayers.

# # #

Winter may be over, but more dark days are await the Democrats’ health care law. Contrary to the Obama administration’s promises, headlines suggest more tough times lie ahead as the nation grapples with the consequences of ObamaCare:

Health care costs on the rise

Medical claims costs – the biggest driver of health insurance premiums – will jump an average 32% for Americans' individual polices under the Affordable Care Act health care law…the overwhelming majority will see double-digit increases in their individual health insurance markets, where people purchase coverage directly from insurers. – Associated Press

Part-time state workers see hours cut

This comes as the Commonwealth of Virginia begins to implement President Obama’s Healthcare law which mandates any employee working over 30 hours a week be eligible for health benefits…part-time workers are now required to work no more than 29 hour work weeks – even though some have worked over 40 hour weeks for years. – WTVR

Fewer health care options for small business employees

Unable to meet tight deadlines in the new health care law, the Obama administration is delaying parts of a program intended to provide affordable health insurance to small businesses and their employees…in most states, employers will not be able to get what Congress intended: the option to provide workers with a choice of health plans. – New York Times

More concern for small business job creators

A majority of small businesses say the healthcare law is their biggest concern, finally eclipsing their long-held worry over economic uncertainty. The U.S. Chamber of Commerce’s latest quarterly small-business survey finds that 77 percent say the Affordable Care Act will make coverage for their employees more expensive, while 71 percent say it will be harder to hire more employees under the law. – The Hill

Some of the law’s greatest proponents are finally accepting the realities of ObamaCare.  Health and Human Services Secretary Kathleen Sebelius recently admitted Americans will see higher costs as a result of the health care law.

As troubling as these headlines are, the news may only get worse.  In an effort to better prepare Americans for what to expect next, the House Education and the Workforce Committee has asked the administration to examine how the law will affect workers’ wages. Unfortunately, the committee has not received a response. Perhaps the Obama administration thinks we’ve heard enough bad news for one week.

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On Tuesday, April 9th at 9:00 a.m., Subcommittee on Higher Education and Workforce Training Chairwoman Virginia Foxx (R-NC) will join Rep. Tim Walberg (R-MI) in Michigan’s 7th Congressional District for a field hearing entitled, “Reviving our Economy: The Role of Higher Education in Job Growth and Development.” The field hearing will take place at Monroe County Community College, Administration Building Room #173, located at 155 S. Raisinville Road in Monroe, Michigan.

In an increasingly competitive global economy, a quality higher education system is crucial to the strength and success of America’s workforce. Higher education institutions play a valuable role in encouraging local economic growth by providing individuals with the skills and training needed to fill in-demand jobs. As the House Education and Workforce Committee works to improve higher education and support a more robust workforce, committee members are seeking input from community leaders to learn about local solutions to education and workforce needs.

The field hearing will feature two panel discussions. The first panel will examine the local economy and job opportunities, while the second panel will highlight how higher education institutions in the community are preparing graduates for the workforce. To learn more about this field hearing and view a list of witnesses, visit www.edworkforce.house.gov/hearings. Media interested in attending the field hearing must RSVP to Sarah Kuziomko at sarah.kuziomko@mail.house.gov.

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U.S. House Committee on Education and the Workforce Chairman John Kline (R-MN) today released the following statement on the third anniversary of the president’s health care law:

Three years later, it is clear the health care law still being implemented is failing America’s families and businesses. Despite promises that the health care law would lower costs, premiums are rising for families nationwide. And things are only going to get worse.

As Chairman of the House Education and the Workforce Committee, I am on the front lines of the ObamaCare debate. I have been an outspoken critic of the law since day one, and I remain concerned that, particularly once the administration fully implements the law’s burdensome rules and regulations, it will unfairly penalize everyone from workers and employers to students, parents, and seniors.

Earlier this week, the House approved a budget that will balance. To help Americans who are struggling to keep up with the skyrocketing costs of health care, the budget repeals ObamaCare and opens the door for Washington to advance new legislation that will focus on responsible, patient-centered reforms without adding to our spending problem and increasing the tax burden.

Whether through full repeal or an incremental approach, I remain committed to unraveling this flawed law that is having a devastating effect on our economy and straining family budgets. Most importantly, I will continue to pursue health care reform in a way that makes sense, supporting proposals that will actually lower health care costs without budgetary gimmicks, and protect the best interests of individuals, families, and small businesses. Americans deserve better than ObamaCare’s broken promises.

# # #

U.S. House Education and the Workforce Committee Chairman John Kline (R-MN) and Health, Employment, Labor, and Pensions Subcommittee Chairman Phil Roe (R-TN) issued the following joint statement after requesting the Department of Labor provide an analysis that describes how the president’s health care law will affect the wages of America’s workers:

By this time next year, employers will have to choose between paying higher taxes and providing costly government-approved health insurance. This new mandate is already forcing businesses to make some difficult decisions. The Department of Labor has a legal obligation to study how the health care law will affect workers’ wages, yet it has failed to do so. Meanwhile, the federal bureaucracy is busy implementing the law at a time when wages are stagnant and 12 million are searching for work. It’s time the department provided the public with an analysis of how the recent government takeover of health care will affect the take-home pay of America’s workers.

NOTE: Under the 2010 health care law, employers with more than 50 full-time employees are required to pay new tax penalities if one or more employees receive taxpayer support through a public health insurance exchange. The law defines a full-time employee as someone working 30 or more hours per week. Commonly referred to as the employer mandate, the requirement will lead some employers to cut the size of their workforce and/or reduce the number of hours employees can work. Section 1513(c) of the health care law directs the Secretary of Labor to study whether employees’ wages will be reduced as a result of the employer mandate. To date, the department has not completed the study. As the Republican members state in their letter:

According to a recent survey conducted by the U.S. Chamber of Commerce, 71 percent of small businesses believe implementation of PPACA will make it more difficult to hire employees. These comments mirror those received by the Federal Reserve and those we have received from employers in our home states. It is crucial that the administration understands the implications of the PPACA-created tax penalties on employment prior to finalizing the regulations for 2014. 

To read the letter, click here.

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By Rep. John Kline

The president signed his signature legislation into law three years ago this Saturday. The Patient Protection and Affordable Care Act was a colossal 2,700-page bill rushed through Congress without much effort to engage the American people in the process.

Then-Speaker Nancy Pelosi embraced this scheme, infamously stating, “We have to pass the bill so you can find out what’s in it.”

Three years later, it is clear the law does nothing to control costs or expand coverage. And many Americans have had enough. Despite promises that the health care law would lower costs, premiums are rising for families nationwide. And according to a new survey, things are only going to get worse.

ObamaCare could almost triple health care premiums across the board, with young individuals taking the biggest hit. Recent college graduates, who are struggling to pay off student loans and find good jobs, could see their premiums increase by as much as 189 percent. Any increase, let alone tripling costs, could break the bank for Americans in these tough economic times.

Why will costs skyrocket? Price controls and requirements to purchase government-approved plans are leading culprits. The law also imposes $165 billion in new taxes and fees on plans, drugs, and medical devices that will be passed onto consumers in the form of higher premiums and prices.

The president also promised the law would allow Americans to keep their preferred coverage. However, the nonpartisan Congressional Budget Office recently predicted the law could result in more than 7 million people losing employer-provided care as a growing number of employers can no longer afford to offer government-approved plans.

As chairman of the House Education and the Workforce Committee, I am on the front lines of the ObamaCare debate. I have been an outspoken critic of the law since day one, and I remain concerned that, particularly once the administration fully implements the law’s burdensome rules and regulations, it will unfairly penalize everyone from workers and employers to students, parents, and seniors.

In the 112th Congress, certain provisions of the health care law, such as the burdensome 1099 small business report requirement and the long-term CLASS Act, were deemed unworkable by the American people and stripped from the law in a bipartisan manner. We must continue peeling away similarly flawed provisions as we work to repeal the law.

I strongly support bipartisan legislation to eliminate the $29 billion tax on medical devices. If the tax is not repealed, it will stifle innovation, increase health care costs, and force companies to either lay off thousands of workers or shut down entirely. Simply put, this punitive tax – and the law as a whole – is the wrong answer to Minnesota’s health care needs and our economy.

According to the administration’s own estimates, ObamaCare will require American job creators, families and care providers to spend more than 127 million hours per year on compliance – and that burden is growing with every new regulation. Instead of focusing on creating jobs and investing in our economy, employers are forced to waste time and money complying with dictates of a government takeover of health care.

In an effort to help Americans monitor all of the federal mandates, rules, and red tape stemming from the president’s health care law, I recently helped launch the “ObamaCare Burden Tracker.” My colleagues and I will continue to hold the administration accountable for the consequences of this job-destroying law.

On a related note, I’m pleased to report the House of Representatives this week is scheduled to approve a budget that will balance. To help Americans who are struggling to keep up with the skyrocketing costs of health care, the budget repeals ObamaCare and opens the door for Washington to advance new legislation that will focus on responsible, patient-centered reforms without adding to our spending problem and increasing the tax burden.

Whether through full repeal or an incremental approach, I remain committed to unraveling this flawed law that is having a devastating effect on our economy and straining family budgets in Minnesota and nationwide. Most importantly, I will continue to pursue health care reform in a way that makes sense, supporting proposals that will actually lower health care costs without budgetary gimmicks, and protect the best interests individuals, families, and small businesses. Minnesotans, and all Americans, deserve better than ObamaCare’s broken promises.

The U.S. House of Representatives recently approved the Supporting Knowledge and Investing in Lifelong Skills (SKILLS) Act (H.R. 803), legislation that will reform the nation’s broken job training system and help put Americans back to work.

During debate on H.R. 803, House Education and the Workforce Committee Republicans highlighted the need for reform and explained ways the SKILLS Act will empower job seekers, workers, and employers:

# # #

The House Committee on Education and the Workforce, chaired by Rep. John Kline (R-MN), today approved legislation requiring the National Labor Relations Board (NLRB) to cease all activity requiring a three member quorum until the legal crisis surrounding the board is appropriately resolved. Introduced by Subcommittee on Health, Employment, Labor, and Pensions Chairman Phil Roe (R-TN), the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120) was approved by a vote of 23 to 15.

“Last year’s unprecedented recess appointment scheme has rendered the board dysfunctional,” said Chairman Kline. “The best way to avoid further damage is for the president to work with the Senate to confirm a full slate of qualified nominees. In the meantime, Congress must take action to prevent a bad situation from becoming much worse. H.R. 1120 is an appropriate congressional response that will help ensure America’s workplaces aren’t forced to confront even more uncertainty.”

“Every decision issued by the current board is ripe for legal challenge on the basis the board itself is not legitimate,” said Rep. Roe. “Workers, employers, and unions rely upon the board to ensure their rights are protected. Unfortunately, everyone is now stuck in a state of legal limbo. A board decision provides little comfort when the board is not recognized as constitutionally valid in a significant federal appeals court. Congress cannot stand by and allow this legal chaos to grow and my legislation ensures we don’t have to.”

In January 2012 President Obama installed three so-called recess appointments to the National Labor Relations Board while Congress was not in recess. The U.S. Court of Appeals for the District of Columbia recently ruled these appointments unconstitutional. In the wake of the court decision, legal uncertainty surrounding the board has increased. Unions and employers cite the court decision in their efforts to void or block board rulings. The AFL-CIO stated the ruling has “seriously undermined enforcement of the law.”

As approved by the committee, H.R. 1120 will:

• Prevent further labor-management instability by requiring the board to cease all activity that requires a three member quorum. The bill also prohibits the board from enforcing any action taken after January 2012 or making any interagency appointments that require a quorum.
     
• Protect the right of workers to petition for union elections. The bill also does not prevent the NLRB regional offices from accepting and processing unfair labor practice charges filed by an injured party – worker, employer, or union.
      
• Remove restrictions on the board’s authority after one of the following events occurs:
    
  • The U.S. Supreme Court rules on the constitutionality of the recess appointments; or
      
  • A board quorum is constitutionally confirmed by the Senate; or
         
  • The terms of the unconstitutional recess appointees expire when the First Session of the 113th Congress adjourns.
      
• Ensure any action involving the so-called recess appointees is reviewed and approved by a future board that has been constitutionally appointed.

To read opening statements, review amendments, or watch an archived webcast of today’s markup, visit www.edworkforce.house.gov/markups.

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Thank you Mr. Chairman. I also want to thank you for convening this meeting on the Preventing Greater Uncertainty in Labor-Management Relations Act.

For more than two years, the committee has engaged in aggressive and responsible oversight of the National Labor Relations Board. Our goal has always been to ensure the rights of workers, employers, and unions are protected. I know this has frustrated our colleagues on the other side of the aisle. However, it would be a dereliction of duty to turn a blind eye while the NLRB undermined the strength of America’s workplaces.

Our concern stems from an activist agenda that tilts the playing field in favor of union interests. For example, the board has advanced an ambush election scheme that stifles employer free speech and worker free choice. It has endorsed microunions that create division in workplaces. The board has also restricted access to secret ballot elections.

During the last year alone, the board made it more difficult for employers to investigate possible misconduct and chipped away workers’ right to refuse to fund union political activities. However, we are not here to debate whether we agree or disagree with these policies. Today’s debate is about how Congress can respond to the current crisis. When you consider the legal chaos unfolding across the country, it’s clear many are being harmed by a dysfunctional NLRB.

The board recently asserted jurisdiction over an Illinois non-profit entity operating a public charter school in Chicago. Disappointed with the outcome, the Chicago Alliance of Charter Teachers & Staff is now citing Noel Canning in an effort to overturn the board’s decision. An employee residing in New Jersey has filed several unfair labor charges against the International Union of Elevator Constructors, Local No. 1. The union is challenging the authority of the regional director based on the Noel Canning ruling.

We’ve learned more than 80 businesses are doing the same. The AFL-CIO stated enforcement of the law has been “seriously undermined” and I completely agree. A few short years ago, the U.S. Supreme Court overturned hundreds of board decisions issued without the required three member quorum. Employers and workers faced considerable uncertainty while the board spent years reconsidering those cases.

Is that what we want at a time when businesses are struggling and 12 million Americans are searching for work? Approximately 600 decisions are now legally suspect. That number grows each day the board continues to conduct business as usual.

The Supreme Court recognized that achieving stability in labor relations was the “primary objective of Congress in enacting the National Labor Relations Act.” The bill before us today will prevent additional instability from affecting workplaces in the wake of the president’s unprecedented recess appointment scheme.

The amendment in the nature of a substitute strengthens the bill by clarifying the board cannot make any interagency appointments that require a board quorum – such as regional directors – until this matter is resolved. This will ensure the legal uncertainty hanging over the board does not extend to regional offices as well.

I urge my colleagues to the support the substitute and the underlying bill.


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President Obama’s non-recess recess appointment scheme continues to taint the work of the NLRB. Efforts to overturn board decisions have been moving through various federal courts, challenging the legitimacy of the board itself. The ensuing legal turmoil has posed new challenges at a time when many workplaces are already struggling with a difficult economy.

In January, the U.S. Court of Appeals for the District of Columbia ruled in Noel Canning vs. NLRB that the president’s unprecedented recess appointments are unconstitutional. Political pundits and constitutional scholars will debate the ruling for years to come. And while review by the U.S. Supreme Court is necessary, it does nothing to mitigate the chaos and confusion surrounding the board now.

The Wall Street Journal reports more than 80 companies have cited the recent court ruling as the basis for nullifying board decisions. Businesses including Starbucks and CNN America are arguing board actions should be blocked because its quorum is no longer valid. The Wall Street Journal also notes union leaders are beginning to follow suit.

A truck driver alleged in 2008 that her union failed to follow the rules and assign her work. The board agreed and ordered the union to pay the driver back wages and benefits. The union has refused and may invoke Noel Canning in a renewed effort to throw out the board’s decision. As the union’s attorney put it, “I’ll explore every opportunity to make sure my client doesn’t have to pay anything.”

Each decision by the board is now ripe for this kind of challenge, forcing everyone to spend more time and money in federal court. Workers, employers, and unions deserve a board that functions properly and acts responsibly. Without it, many will be stuck in a state of legal limbo and their rights will be diminished. The president created this mess and it’s time he fixed it by working with the Senate to confirm a full slate of qualified nominees.

In the meantime, Congress cannot stand by as the board exacerbates the problem. The board has ignored our request to cease all activity until this matter is resolved. With each new decision the legal confusion intensifies. The Preventing Greater Uncertainty in Labor-Management Relations Act will stop a bad situation from becoming worse.

The legislation requires the board to cease all activity requiring a quorum until one of three events takes place. First, the U.S. Supreme Court rules on the constitutionality of the 2012 recess appointments. The high court will have the final word on whether the appointments are constitutionally valid. When it does, restrictions in the bill will be lifted.

Second, a board quorum is constitutionally confirmed by Senate. This is precisely the avenue that should have been taken to seat the president’s nominees. Instead, Senate Democrats refused to act on one nomination and the president failed to put forward additional nominees.

Third, restrictions in the legislation will expire following adjournment of the First Session of the 113th Congress. At that time, the terms of the recess appointees will end and limits on the board’s power will no longer be necessary.

It is important to note the legislation only applies to the board. The bill protects the right of workers to petition for and vote in union elections. The bill also does not preclude any injured party – worker, employer, or union – from filing unfair labor practice complaints, and NLRB regional offices are free to accept and process those claims of wrongdoing.

Finally, the legislation ensures all actions involving the controversial recess appointees are reviewed and approved by a board that has been constitutionally confirmed. This is a fair way to ensure the due process rights of all parties subject to the board’s jurisdiction are protected.

Despite what critics may say, advancing the legislation before us today is a decision we do not take lightly. It is unfortunate the president’s political ploy has put us in this difficult situation. However, the alternative is to ignore the crisis and allow further labor-management instability to wreak havoc on workplaces.

I commend my colleague from Tennessee, Dr. Phil Roe, for introducing the legislation. He and others, including Representatives Mike Kelly and Steve Womack, recognize that Congress cannot stand by and do nothing.

On Wednesday, March 20 at 10:00 a.m., the U.S. House Committee on Education and the Workforce, chaired by Rep. John Kline (R-MN), will mark up the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120). The markup will take place in room 2175 of the Rayburn House Office Building. 

In 2012, President Obama made three recess appointments to the National Labor Relations Board (NLRB) while the U.S. Senate was not in recess. Efforts to overturn board rulings were initiated in various federal courts on the basis that the board itself was no longer legitimate, creating a cloud of uncertainty over the board’s activities.

On January 25, 2013 the U.S. Court of Appeals for the District of Columbia held unanimously in Noel Canning vs. NLRB that the president’s so-called recess appointments are constitutionally invalid. Any recent or future board decision is constitutionally suspect and open to challenge in court. The AFL-CIO recently stated the ruling has “seriously undermined enforcement of the law.” In response to the legal turmoil the president’s appointment scheme has created, Subcommittee on Health, Employment, Labor, and Pensions Chairman Phil Roe (R-TN) introduced the Preventing Greater Uncertainty in Labor-Management Relations Act.

The Preventing Greater Uncertainty in Labor-Management Relations Act :

• Requires the board to cease all activity that requires a three member quorum and prohibits the enforcement of any action taken after January 2012 that required a quorum.
      
• Protects the right of workers to petition for union elections and allows NLRB regional offices to accept and process unfair labor practice charges filed by an injured party – worker, employer, or union.

• Removes restrictions on the board’s authority after one of the following events occurs:

• The U.S. Supreme Court rules on the constitutionality of the recess appointments; or
     
• A board quorum is constitutionally confirmed by the Senate; or
     
• The terms of the unconstitutional recess appointees expire when the First Session of the 113th Congress adjourns
    
• Ensures any action involving the so-called recess appointees is reviewed and approved by a future board that has been constitutionally appointed.

To learn more about H.R. 1120, click here.

To learn more about this markup, visit www.edworkforce.house.gov/markups. 

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U.S. House Education and the Workforce Committee Chairman John Kline (R-MN) today released the following statement after President Obama nominated Thomas E. Perez to serve as the next secretary for the Department of Labor:

Our country needs a labor secretary who will put America’s jobs before his own. To do so, the next secretary must encourage economic growth and competitiveness by rejecting punitive federal regulations and working with Congress to rein in wasteful spending. Troubling allegations in the media and an independent investigation raise concerns about whether Mr. Perez is the right candidate to lead the Department of Labor. I intend to follow closely the confirmation process as the Senate reviews the nominee’s qualifications for this important position.

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