Tom McClintock on Jobs 2004 former Republican Challenger CA Governor

Replace workers’ compensation with a cheaper system

BUSTAMANTE: No, they’re not. We have to agree to fix the workers comp.

McCLINTOCK: That’s a two-thirds reduction in workers comp costs. It not only lift a burden from business, but also reduces direct state and local costs by $2.5 billion.

BUSTAMANTE: What we tried to do is that we tried to fix the worker’s comp issue by squeezing down on the insurance companies. They were clearly price gouging, they were clearly doing things that were effecting the premiums. And we tried to squeeze down on that. Unfortunately, they went into some predatory pricing. They drove the small guys out and then rates started going back up again. Here we have an opportunity to change fundamentally the system providing work safety.

Opposes required overtime pay; workers need flexibility

McCLINTOCK: No, I very much oppose that measure. It was a terrible thing to do to workers, taking away their flexible right in their work schedules, taking away the right of a mom to take off a Friday afternoon and work extra hours another day. It was a big mistake.

Voted YES on allowing compensatory time off for working overtime.

• Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required.
• Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement.
• Prohibits an employee from accruing more than 160 hours of compensatory time.
• Requires an employee's employer to provide monetary compensation for any unused compensatory time off accrued during the preceding year.
• Requires an employer to give employees 30-day notice before discontinuing compensatory time off.

Opponent's Argument for voting No:

Rep. COURTNEY: This is the fifth time that the majority party has introduced [this bill since] 1997; and each time, the huge flaws in this legislation have resulted in its complete collapse. And once again, it doesn't deserve that support. Despite the representations made in its title--that it promotes workers' flexibility, that it gives workers choice--a closer examination of the bill shows the opposite is true. The better way to describe this bill is the More Work, Pay Less bill.

The 1938 Fair Labor Standards Act created a bright line to protect people's right to a 40-hour work week, and make sure that that next hour after 40 hours is paid for with the time-and-a-half of wages. That created the weekend in America. That created the time off that middle class families have taken for granted for decades.

What this bill does is it blurs that line; it creates total chaos in terms of trying to come up with a system to set up ground rules with a case-by-case written contract, and then leaves it to the enforcement of State Labor Departments Wage and Hours Divisions, which are totally incapable of going into the tens of thousands of workplaces all across America.

Rated 100% by CEI, indicating a pro-workplace choice voting record.

The Competitive Enterprise Institute (CEI), a public policy organization dedicated to the principles of free markets and limited government, has created a Congressional Labor Scorecard for the 112th Congress focusing on worker issues. The score is determined based on policies that support worker freedom and the elimination of Big Labor's privileges across the country.

Votes in the current Congress score include:
• Bill: H.R. 658, LaTourette Amendment No. 21: NO on repealing changes to the Railway Labor Act's voting rules.
• Bill: H.R. 658, Gingrey Amendment No. 18: YES to prohibit Federal Aviation Administration employees from using official--that is, taxpayer sponsored--time for union activities during the official workday.
• Bill: H.R. 1, Price Amendment No. 410: YES to defund the National Labor Relations Board (NLRB).
• Bill: H.R. 1, Guinta Amendment No. 166: YES to prohibit imposing "prevailing wage" and other requirements in project labor agreements that advantage unionized contractors.
• Bill: H.R. 2017, Scalise Amendment No. 388: YES to prohibit project labor agreements in DHS contracts
• Bill: H.R. 2055, LaTourette Amendment No. 411: NO on funding for federal project labor agreements.
• Bill: H.R. 1, King Amendment No. 273: YES to eliminate the "Davis Bacon" prevailing wage rate requirement for federal projects.
• Bill: H.R. 2017, Gosar Amendment No. 386: YES to eliminate the "Davis Bacon" prevailing wage rate requirement for Department of Homeland Security contracts.
• Bill: H.R. 2354: Gosar Amendment No. 655: YES to restrict application of the Davis-Bacon Act to contracts exceeding $20 million.
• Bill: H.R. 2017: Rokita Amendment No. 2: YES to prohibit collective bargaining at the Transportation Security Administration (TSA).

Keep Right-to-Work laws.

H.R.842 & S.420: Protecting the Right to Organize Act: This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace:

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.

Biden Administration in SUPPORT: The Administration strongly supports The PRO Act. America was not built by Wall Street. It was built by the middle class, and unions built the middle class. Unions put power in the hands of workers. H.R. 842 would strengthen and protect workers' right to form a union by assessing penalties on employers who violate workers' right to organize.

Rep. Mo Brooks in OPPOSITION: H.R. 842 [is] a radical union bill that tramples the rights of citizens by forcing them to enter into union servitude, including:

• Overturns right-to-work laws in 27 states, thereby forcing citizens, against their will, to pay millions of dollars in dues to labor unions.
• Denies citizens' rights to vote by secret ballot on whether to join a union by imposing a biased "card-check" scheme.
• Deprives individuals of entrepreneurial opportunities. The PRO Act would eliminate the franchise industry and sharing economy as we know them.