Henry Cuellar on Jobs Democratic Representative (TX-28)

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.

Voted YES on extending unemployment benefits from 39 weeks to 59 weeks.

Proponent's argument to vote Yes:

Rep. CHARLES RANGEL (D, NY-15): The House, for weeks, has attempted to save the free world from a fiscal disaster. We have bailed out the banks and those who held mortgages. At the same time, we provided for energy extensions, we provided tax breaks for those people that tax provisions have expired. We provided for hurricane relief, for mental health. So over $1 trillion is out there for this House to ease the pain of millions of Americans.

While we were dealing with these gigantic powers, we overlooked the fact that over the last 12 months the number of unemployed workers has jumped by over 2 million, leaving 10 million Americans struggling for work. These are hardworking people that have lost their jobs through no fault of their own.

Rep. JERRY WELLER (R, IL-11): This important legislation provides additional needed assistance to the long-term unemployed. It's important that we pass this legislation today as our last act before we leave for the election campaign.

This legislation focuses the most additional benefits on workers and States where the unemployment rate is highest and where jobs are hardest to find. This program continues the requirement that those benefiting from extended unemployment benefits had to have worked at least 20 weeks. Americans were rightly concerned about proposals to eliminate that work requirement and allow 39 weeks or, under the legislation before us today, as many as 59 weeks of total unemployment benefits to be paid to those who have previously only worked for a few weeks.

Opponent's argument to vote No:None voiced.

Voted YES on overriding presidential veto of Farm Bill.

Congressional Summary: Provides for the continuation of agricultural and other programs of the Department of Agriculture through FY2012. Revises agricultural and related programs, including provisions respecting:

1. commodity programs;
2. conservation;
3. trade;
4. nutrition;
5. credit;
6. rural development;
7. research and related matters;
8. forestry;
9. energy;
10. horticulture and organic agriculture;
11. livestock;
12. crop insurance and disaster assistance;
13. socially disadvantaged and limited resource producers; and
14. miscellaneous programs.

This bill lacks fiscal discipline. It continues subsidies for the wealthy and increases farm bill spending by more than $20 billion, while using budget gimmicks to hide much of the increase. It is inconsistent with our trade objectives of securing greater market access for American farmers. [Hence] I must veto H.R. 6124.

Proponents argument for voting YEA: We had a meeting this morning with the Secretary of Agriculture to talk about implementation. So [despite the two vetoes], the work has been going on within the department of agriculture to get ready for implementation.

This is a good bill. It has wide support in the Congress. It does address all of the issues that have been brought to the Agriculture Committee.

Voted YES on restricting employer interference in union organizing.

To enable employees to form & join labor organizations, and to provide for mandatory injunctions for unfair labor practices during organizing efforts. Requires investigation that an employer:
1. discharged or discriminated against an employee to discourage membership in a labor organization;
2. threatened to discharge employees in the exercise of guaranteed collective bargaining rights; and
3. adds to remedies for such violations: back pay plus liquidated damages; and additional civil penalties.

Proponents support voting YES because:

The principle at stake here is the freedom that all workers should have to organize for better working conditions & fair wages. There are many employers around the country who honor this freedom. Unfortunately, there are also many employers who do not. These employers attempt to prevent workers from unionizing by using tactics that amount to harassment, if not outright firing. In fact, one in five people who try to organize unions are fired. These tactics are already illegal, but the penalties are so minor, they are not effective deterrents.

Opponents support voting NO because:

Democracy itself is placed at risk by this bill. The sanctity of the secret ballot is the backbone of our democratic process. Not one voter signed a card to send us here to Congress. None of us sent our campaign workers out to voters' houses armed with candidate information & a stack of authorization cards. No. We trusted democracy. We trusted the voters to cast their ballots like adults, freely, openly, without intimidation, and we live with the results. But here we are, poised to advance legislation to kill a secret ballot process.

Let's be clear. Every American has the right to organize. No one is debating that. This is a right we believe in so strongly we have codified it and made it possible for workers to do so through a secret ballot.

Reference: The Employee Free Choice Act; Bill H R 800 ; vote number 2007-118 on Mar 1, 2007

Voted YES on increasing minimum wage to $7.25.

Increase the federal minimum wage to:
1. $5.85 an hour, beginning on the 60th day after enactment;
2. $6.55 an hour, beginning 12 months after that 60th day; and
3. $7.25 an hour, beginning 24 months after that 60th day.

Proponents support voting YES because:

We have waited for over 10 years to have a clean vote on the minimum wage for the poorest workers in this country Low-wage workers had their wages frozen in time, from 10 years ago, but when they go to the supermarket, the food prices are higher; when they put gasoline in the car, the gasoline prices are higher; when they pay the utility bills, the utility bills are higher; when their kids get sick, the medical bills are higher. All of those things are higher. They are living in 2007, but in their wages they are living in 1997.

Opponents support voting NO because:

This bill is marked more by what is not in the bill than what is in it. Small businesses are the backbone of our economy. They create two-thirds of our Nation's new jobs, and they represent 98% of the new businesses in the US. What protection does this bill provide them? None whatsoever.

We can do better. In the interest of sending the President a final measure that provides consideration for small businesses and their workers, the very men and women who are responsible for our economy's recent growth and strength, we must do better.

Reference: Fair Minimum Wage Act; Bill HR 2 ("First 100 hours") ; vote number 2007-018 on Jan 10, 2007

Member of House Committee on Agriculture.

Cuellar is a member of the House Committee on Agriculture

The House Committee on Agriculture has general jurisdiction over federal agriculture policy and oversight of some federal agencies, and it can recommend funding appropriations for various governmental agencies, programs, and activities, as defined by House rules. The Committee was established in 1820; in 1880 forestry was added to its jurisdiction. Its jurisdiction now includes:

1. Adulteration of seeds, insect pests, and protection of birds and animals in forest reserves.
2. Agriculture generally.
3. Agricultural and industrial chemistry.
4. Agricultural colleges and experiment stations.
5. Agricultural economics and research.
6. Agricultural education extension services.
7. Agricultural production and marketing and stabilization of prices of agricultural products, and commodities (not including distribution outside of the United States).
8. Animal industry and diseases of animals.
9. Commodity exchanges.
10. Crop insurance and soil conservation.
11. Dairy industry.
12. Entomology and plant quarantine.
13. Extension of farm credit and farm security.
14. Inspection of livestock, poultry, meat products, and seafood and seafood products.
15. Forestry in general, and forest reserves other than those created from the public domain.
16. Human nutrition and home economics.
17. Plant industry, soils, and agricultural engineering.
18. Rural electrification.
19. Rural development.
20. Water conservation related to activities of the Department of Agriculture.
Source: U.S. House of Representatives website, www.house.gov 11-HC-Ag on Feb 3, 2011

Rated 25% by CEI, indicating a pro-worker rights voting record.

Cuellar scores 25% by CEI on union issues

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).
Source: CEI website 12-CEI-H on May 2, 2012

Keep Right-to-Work laws.

Cuellar voted NAY PRO Act

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.
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.

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.
Legislative Outcome:Passed House 222-204-4 (Rollcall 82) on 03/09/2021; received and read in the Senate on 3/23; no further Senate action during 2021. Source: Congressional vote 21-HR842 on Feb 4, 2021

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