[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] STANDING WITH PUBLIC SERVANTS: PROTECTING THE RIGHT TO ORGANIZE ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON HEALTH, EMPLOYMENT, LABOR, AND PENSIONS COMMITTEE ON EDUCATION AND LABOR U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ HEARING HELD IN WASHINGTON, DC, JUNE 26, 2019 __________ Serial No. 116-32 __________ Printed for the use of the Committee on Education and Labor [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: www.govinfo.gov or Committee address: https://edlabor.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 37-318PDF WASHINGTON : 2020 -------------------------------------------------------------------------------------- COMMITTEE ON EDUCATION AND LABOR ROBERT C. ``BOBBY'' SCOTT, Virginia, Chairman Susan A. Davis, California Virginia Foxx, North Carolina, Raul M. Grijalva, Arizona Ranking Member Joe Courtney, Connecticut David P. Roe, Tennessee Marcia L. Fudge, Ohio Glenn Thompson, Pennsylvania Gregorio Kilili Camacho Sablan, Tim Walberg, Michigan Northern Mariana Islands Brett Guthrie, Kentucky Frederica S. Wilson, Florida Bradley Byrne, Alabama Suzanne Bonamici, Oregon Glenn Grothman, Wisconsin Mark Takano, California Elise M. Stefanik, New York Alma S. Adams, North Carolina Rick W. Allen, Georgia Mark DeSaulnier, California Francis Rooney, Florida Donald Norcross, New Jersey Lloyd Smucker, Pennsylvania Pramila Jayapal, Washington Jim Banks, Indiana Joseph D. Morelle, New York Mark Walker, North Carolina Susan Wild, Pennsylvania James Comer, Kentucky Josh Harder, California Ben Cline, Virginia Lucy McBath, Georgia Russ Fulcher, Idaho Kim Schrier, Washington Van Taylor, Texas Lauren Underwood, Illinois Steve Watkins, Kansas Jahana Hayes, Connecticut Ron Wright, Texas Donna E. Shalala, Florida Daniel Meuser, Pennsylvania Andy Levin, Michigan* William R. Timmons, IV, South Ilhan Omar, Minnesota Carolina David J. Trone, Maryland Dusty Johnson, South Dakota Haley M. Stevens, Michigan Susie Lee, Nevada Lori Trahan, Massachusetts Joaquin Castro, Texas * Vice-Chair Veronique Pluviose, Staff Director Brandon Renz, Minority Staff Director ------ SUBCOMMITTEE ON HEALTH, EMPLOYMENT, LABOR, AND PENSIONS FREDERICA S. WILSON, Florida, Chairwoman Donald Norcross, New Jersey Tim Walberg, Michigan Joseph D. Morelle, New York Ranking Member Susan Wild, Pennsylvania David P. Roe, Tennessee Lucy McBath, Georgia Rick W. Allen, Georgia Lauren Underwood, Illinois Francis Rooney, Florida Haley M. Stevens, Michigan Jim Banks, Indiana Joe Courtney, Connecticut Russ Fulcher, Idaho Marcia L. Fudge, Ohio Van Taylor, Texas Josh Harder, California Steve C. Watkins, Jr., Kansas Donna E. Shalala, Florida Ron Wright, Texas Andy Levin, Michigan Dan Meuser, Pennsylvania Lori Trahan, Massachusetts Dusty Johnson, South Dakota (VACANT) C O N T E N T S ---------- Page Hearing held on June 26, 2019.................................... 1 Statement of Members: Walberg, Hon. Tim, Ranking Member, Subcommittee on Health, Employment, Labor, and Pensions............................ 4 Prepared statement of.................................... 6 Wilson, Hon. Frederica S., Chairwoman, Subcommittee on Health, Employment, Labor, and Pensions.................... 1 Prepared statement of.................................... 3 Statement of Witnesses: Brewer, Mr. Tom President, Charlotte North Carolina Fire Fighters Local 660 and North Carolina Fighters' Association, Mooresville, NC............................... 25 Prepared statement of.................................... 27 Messenger, Mr. William L., J.D. Staff Attorney, National Right to Work Legal Defense Foundation, Springfield, VA.... 36 Prepared statement of.................................... 38 Onder, Hon. Robert F., M.D., State Senator, Missouri General Assembly, Jefferson City, MI............................... 20 Prepared statement of.................................... 22 Paterson, Mr. Teague P., Deputy General Counsel, American Federation of State, County and Municipal Employees (AFSCME), Washington, DC................................... 43 Prepared statement of.................................... 45 Slater, Dr. Joseph, J.D., Ph.D. Eugene N. Balk Professor of Law and Values and Distinguished University Professor, University of Toledo, Toledo, OH........................... 13 Prepared statement of.................................... 15 Whitaker, Ms. Tina Y., United Teachers of Dade, Homestead, Florida.................................................... 8 Prepared statement of.................................... 11 Additional Submissions: Chairwoman Wilson: Letter dated June 25, 2019 from Service Employees International Union (SEIU)............................. 85 Letter dated June 25, 2019 from The Leadership Conference on Civil and Human Rights.............................. 86 Letter dated June 25, 2019 from International Federation of Professional and Technical Engineers AFL-CIO and CLC 88 Prepared statement from the National Association of Police Organizations, Inc.............................. 90 Prepared statement from Hirono, Hon. Mazie K............. 93 Questions submitted for the record Responses to questions submitted for the record by: Mr. Brewer............................................... 106 Mr. Paterson............................................. 108 Dr. Slater............................................... 117 STANDING WITH PUBLIC SERVANTS: PROTECTING THE RIGHT TO ORGANIZE ---------- Wednesday, June 26, 2019 House of Representatives, Subcommittee on Health, Employment, Labor, and Pensions, Committee on Education and Labor, Washington, DC ---------- The subcommittee met, pursuant to notice, at 10:15 a.m., in room 2175, Rayburn House Office Building, Hon. Frederica Wilson [chairwoman of the subcommittee] presiding. Present: Representatives Wilson, Norcross, Morelle, McBath, Underwood, Stevens, Courtney, Fudge, Harder, Shalala, Levin, Trahan, Scott (ex officio), Walberg, Roe, Allen, Banks, Taylor, Watkins, Wright, Meuser, Johnson, and Foxx (ex officio). Also present: Representatives Kildee, Finkenauer, Fitzpatrick, and Cline. Staff present: Tylease Alli, Chief Clerk; Ilana Brunner, General Counsel; David Dailey, Senior Counsel; Kyle DeCant, Labor Policy Counsel; Emma Eatman, Press Assistant; Mishawn Freeman, Staff Assistant; Eli Hovland, Staff Assistant; Stephanie Lalle, Deputy Communications Director; Jaria Martin, Clerk/Assistant to the Staff Director; Kevin McDermott, Senior Labor Policy Advisor; Richard Miller, Director of Labor Policy; Max Moore, Office Aide; Veronique Pluviose, Staff Director; Banyon Vassar, Deputy Director of Information Technology; Katelyn Walker, Counsel; Joshua Weisz, Communications Director; Cyrus Artz, Minority Parliamentarian; Courtney Butcher, Minority Director of Coalitions and Member Services; Akash Chougule, Minority Professional Staff Member; Cate Dillon, Minority Staff Assistant; Rob Green, Minority Director of Workforce Policy; Bridget Handy, Minority Communications Assistant; John Martin, Minority Workforce Policy Counsel; Hannah Matesic, Minority Director of Operations; Carlton Norwood, Minority Press Secretary; Brandon Renz, Minority Staff Director; and Ben Ridder, Minority Legislative Assistant. Chairwoman Wilson. The Subcommittee on Health, Employment, Labor, and Pensions will come to order. Welcome, everyone. I note that a quorum is present. I note for the subcommittee that Congressman Dan Kildee of Michigan, Congresswoman Abby Finkenauer of Iowa, Congressman Brian Fitzpatrick of Pennsylvania, and Congressman Ben Cline of Virginia will be participating in today's hearing, with the understanding that the questions will come only after all members of the HELP Subcommittee and any members of the full committee on both sides of the aisle who are present have had an opportunity to question the witnesses. The subcommittee is meeting today in a legislative hearing to receive testimony on ``Standing with Public Servants: Protecting the Right to Organize.'' Pursuant to committee rule 7(c), opening statements are limited to the chair and the ranking member. This allows us to hear from our witnesses sooner and provides all members with adequate time to ask questions. I recognize myself now for the purpose of making an opening statement. Today, we are gathered for a legislative hearing to receive testimony on the status of public-sector collective bargaining and the legislative proposals which ensure State and local government employees can exercise this right. Labor unions have empowered generations of workers to secure better wages and working conditions. They have been essential to reducing income inequality. Collective bargaining agreements are especially important in closing the gender and racial wage gaps because labor agreements ensure equal pay for comparably situated and educated individuals in the workplace. Based upon personal experience, I know the benefits unions provide for public employees. When I was a teacher in the Miami-Dade County Public Schools system, I was also a member of the United Teachers of Dade union. So I was very, very disappointed to see Florida pass H.B. 7055, which singles out teachers' unions, forcing them to conduct unnecessary elections in an effort to weaken teachers' ability to advocate for themselves. Public-sector union benefits also extend beyond union members to benefit nonunion members. Research shows that, since the 1930's, workers' ability to unionize has corresponded to lower income inequality. Despite these widely enjoyed benefits, the Federal Government does not ensure State and local government employees consistent organizing rights nationwide. What we do know is that as many as half of all nonunion workers would vote for a union if given the opportunity. As our witnesses will testify, State and local government employees face an inconsistent patchwork of State labor laws which leaves far too many public servants behind. And, in fact, four States lack any regulation for public employees' organizing rights, and many more have lackluster collective bargaining regulations which do not compel employers to negotiate with employees. To make matters worse, last year, in the Janus v. AFSCME decision, the Supreme Court ignored 4 decades of legal precedent and 23 State laws to sabotage public-sector unions. The Janus decision denies unions the right to collect fair- share fees for services that they are legally required to provide, which fundamentally undermines public service workers' ability to collectively bargain. Congress has both the power and responsibility to protect the organizing and collective bargaining rights of all workers, no matter where they live or work. This Congress, two bills have been introduced--the Public Service Freedom to Negotiate Act of 2019, H.R. 3463; and the Public Safety Employer-Employee Cooperation Act, H.R. 1154--that will improve the lives of public-sector employees employed at the State and local levels. One legislative proposal that helps to protect public servants is the Public Service Freedom to Negotiate Act of 2019, which guarantees public employees the right to negotiate and unionize for better working conditions. Specifically, the bill will create minimum standards for collective bargaining rights that all States must meet, while ensuring that States have flexibility in how that goal is effectuated. While the Public Service Freedom to Negotiate Act of 2019 cannot correct the Supreme Court's misreading of the Constitution in Janus, it can lessen the consequences by strengthening the rights of public service workers. Another bill that will help public servants is the Public Safety Employer-Employee Cooperation Act, which similarly protects first responders' right to organize by setting minimum standards for collective bargaining. On June 20, 2007, this bill was reported out of this committee by a vote of 42 to 1. Let me repeat: This bill was reported out of the Education and Labor Committee by a vote of 42 to 1. Then-Ranking Member Buck McKeon, whose portrait hangs on the wall to my right, supported this legislation. And when this bill came to the floor on July 17, 2007, it was considered under suspension of rules and passed by a vote of 314 to 97. Let me restate that point. It came to the floor with broad, bipartisan support, and it was deemed noncontroversial. And it passed with the support of over two- thirds of the House of Representatives. This historical note is important because it reinforces the fact that backing up public employees' rights to collectively bargain has been a bipartisan endeavor in the not-too-distant past. These two bills reflect our commitment to ensuring that teachers can earn decent pay, police officers and firefighters are compensated for their service, and public service workers can continue to fulfill their vital roles in communities across the country. The people who keep our communities safe, teach our children, and risk their lives to save ours deserve the same respect and protections as those employed in private industry. I look forward to hearing from our witnesses today and the discussion that will ensue. I now recognize the ranking member, Mr. Walberg, for an opening statement. Mr. Walberg, the esteemed Mr. Walberg, our ranking member. [The statement of Ms. Wilson follows:] Prepared Statement of Hon. Frederica S. Wilson, Chairwoman, Subcommittee on Health, Employment, Labor, and Pensions Today, we are gathered for a legislative hearing to receive testimony on the status of public sector collective bargaining and the legislative proposals which ensure State and local government employees can exercise this right. Labor unions have empowered generations of workers to secure better wages and working conditions. They have been essential to reducing income inequality. Collective bargaining agreements are especially important in closing the gender and racial wage gaps, because labor agreements ensure equal pay for comparably situated individuals in the workplace. Based upon personal experience, I know the benefits unions provide for public employees. When I was a teacher in the Miami-Dade County Public Schools system I was also a member of the United Teachers of Dade union. So, I was very disappointed to see Florida pass H.B. 7055, which singles out teachers' unions, forcing them to conduct unnecessary elections in an effort to weaken teachers' ability to advocate for themselves. Public sector union benefits extend beyond union members and also benefit non-union members. Research shows that, since the 1930's, workers' ability to unionize has corresponded to lower income inequality. Despite these widely enjoyed benefits, the Federal Government does not ensure State and local government employees' consistent organizing rights nationwide. What we do know is that as many as half of all non-union workers would vote for a union if given the opportunity. As our witnesses will testify, State and local government employees face an inconsistent patchwork of State labor laws that leaves far too many public servants behind. In fact, four States lack any regulation for public employees' organizing rights and many more have lackluster collective bargaining regulations that do not compel employers to negotiate with employees. To make matters worse, last year in the Janus v. AFSCME (AFF-SSS- MEE) decision, the Supreme Court ignored four decades of legal precedent and 23 State laws to sabotage public sector unions. The Janus decision denies unions the right to collect ``fair share fees'' for services they are legally required to provide, which fundamentally undermines public service workers' ability to collectively bargain. Congress has both the power and the responsibility to protect the organizing and collective bargaining rights of all workers--no matter where they live or work. This Congress two bills have been introduced, the Public Service Freedom to Negotiate Act of 2019 (H.R. 3463) and the Public Safety Employer-Employee Cooperation Act (H.R. 1154), that will improve the lives of public sector workers employed at the State and local levels. One legislative proposal that helps to protect public servants is legislative proposals like the Public Service Freedom to Negotiate Act of 2019, which guarantees public employees the right to unionize and negotiate for better working conditions. Specifically, the bill will create minimum standards for collective bargaining rights that all States must meet, while ensuring that States have flexibility in how that goal is effectuated. While the Public Service Freedom to Negotiate Act of 2019 cannot correct the Supreme Court's misreading of the Constitution in Janus, it can lessen its consequences by strengthening the rights of public sector workers. Another bill that will help public servants is the Public Safety Employer-Employee Cooperation Act, which similarly protects first responders' right to organize by setting minimum standards for collective bargaining. On June 20, 2007, this bill was reported out of this Committee by a vote of 42 to 1. Let me repeat that point: this bill reported out of the Education and Labor Committee by a vote of 42 to 1. Then Ranking Member Buck McKeon, whose portrait hangs on the wall to my right, supported this legislation. And when this bill came to the floor on July 17, 2007, it was considered under suspension of rules and passed by a vote of 314 to 97. Let me restate that point. It came to the floor with such broad, bipartisan support that it was deemed non-controversial and it passed with the support of over two-thirds of the House of Representatives. This historical note is important because it reinforces the fact that backing up public employees' right to collectively bargain has been a bipartisan endeavor in the not too distant past. These two bills reflect our commitment to ensuring that teachers can earn decent pay, police officers and firefighters are compensated for their service, and public service workers can continue to fulfill their vital roles in communities across the country. The people who keep our streets clean, teach our children, and risk their lives to save ours, deserve the same respect and protections as those employed in private industry. I look forward to hearing from out witnesses today and the discussion that will ensue. I now recognize the Ranking Member, Mr. Walberg, for an opening statement. ______ Mr. Walberg. Well, thank you, my friend and chairwoman, for yielding to me on this beautiful day. And those in the audience don't have the opportunity, unless you turn your head, to see how beautiful it is around Washington, DC. And as we get into this debate, I hope we remember that things are still pretty good. But this is a debate worth having. The two pieces of legislation we are here to discuss today are, I believe, another Democrat attempt to put the thumb on the scale in favor of forced unionization. And they also show no regard for the system of federalism on which this Nation was founded. H.R. 1154, the Public Safety Employer-Employee Cooperation Act, and the Public Service Freedom to Negotiate Act, disregard the will of the voters in every State by imposing a one-size- fits-all labor relations mandate enforced by Federal bureaucrats in Washington, DC. If there is one thing this country doesn't need, it is more Federal overreach. We can be better than that, and, as policymakers, shame on us if we are not. The Founding Fathers spent countless critical hours in debate--and they did debate--deliberating a system of checks and balances that would ensure that individual States were not unreasonably controlled by the Federal Government. That is our foundation. Today, States have legitimate concerns with public-sector collective bargaining, which is why even union-dominated States place some limitations on this practice. Rather than impose its will on individual States, Congress should respect these differences of opinion among the States and allow them to remain laboratories, as it were--especially as we talk about education and labor--laboratories of democracy in determining their own public employee labor law. We should all know by now that government unions create perverse incentives that do not exist in the private sector. They can't exist in the private sector. Government unions are an enormously powerful political force. While all Americans are free to join together, and should be--this side of the aisle would not reject that--free to join together and engage in the political process, government unions can essentially elect their own employer--in other words, Governors and State and local lawmakers--with whom they negotiate collective bargaining agreements. These practices often force exorbitant, seemingly unlimited cost on the taxpayers, the people who pay the bill and expect the service, an unfortunate circumstance which is markedly different than negotiating with companies over the use of inherently limited profits, as private-sector unions do. Moreover, when government unions strike, it imposes undeserved hardship on the American people, the people we serve, allegedly, by depriving basic public services they expect and they paid for in their taxes from State or local government. It is for these reasons that, historically, lawmakers on both ends of the spectrum have steered clear of instituting collective bargaining in government. Even President Franklin Delano Roosevelt and George Meany, former president of the AFL- CIO, opposed collective bargaining in government. That is historic. Imposing collective bargaining on State and local governments will likely result in a massive unfunded mandate on taxpayers. Congress should therefore appropriately leave these decisions to States, as our predecessors have done. Not only do these bills undermine our Nation's system of federalism, they are another attempt by committee Democrats to advance union special interests at the expense of workers. Democrats' top labor priority is H.R. 2474, the Protecting the Right to Organize Act, or the PRO Act, which deprives private- sector workers of important workplace rights while giving labor unions almost unlimited power to impose economic harm on unsuspecting businesses. I bring up H.R. 2474 not only to demonstrate where committee Democrats' priorities lie, I believe, but also to show that the goal of the Democrats is to promote forced unionization throughout both the public and private sectors. Exactly 1 year ago, the Supreme Court in Janus v. AFSCME ruled that no public employee should be forced to pay union dues as a condition of employment. I believe they ruled constitutionally. Forced dues in government are particularly egregious because collective bargaining impacts public policy and is, thus, inherently political speech. Rather than undermine these rights for public-and private- sector workers alike, this committee should focus on issues where we actually have jurisdiction, including protecting the rights of workers covered by the National Labor Relations Act. Private-sector workers should be allowed to make workplace decisions for themselves, like the choice to join and pay a union or not, share personal information with a union organizer, or vote for a union in a secret ballot election. At the same time, States should be free to determine public employee labor laws for themselves without needless intervention from the Federal Government. This I believe strongly, and this, Madam Chairwoman, we will debate today. It is a good debate. And I thank you for allowing me this opportunity, and I yield back. [The statement of Mr. Walberg follows:] Prepared Statement of Hon. Tim Walberg, Ranking Member, Subcommittee on Health, Employment, Labor, and Pensions Thank you for yielding. The two pieces of legislation we're here to discuss today are another Democrat attempt to put the thumb on the scale in favor of forced unionization and they also show no regard for the system of federalism on which this Nation was founded. H.R. 1154, the Public Safety Employer-Employee Cooperation Act, and the Public Service Freedom to Negotiate Act disregard the will of the voters in every State by imposing a one-size-fits-all labor relations mandate enforced by Federal bureaucrats in Washington. If there's one thing this country doesn't need, it's more Federal overreach. We can be better than that, and as policymakers, shame on us if we're not. The founding fathers spent countless, critical hours in debate, deliberating a system of checks and balances that would ensure that individual States were not unreasonably controlled by the Federal Government. Today, States have legitimate concerns with public sector collective bargaining, which is why even union-dominated States place some limitations on the practice. Rather than impose its will on individual States, Congress should respect these differences of opinion among the States and allow them to remain ``laboratories of democracy'' in determining their own public employee labor laws. We should all know by now that government unions create perverse incentives that do not exist in the private sector. Government unions are an enormously powerful political force. While all Americans are free to join together and engage in the political process, government unions can essentially elect their own employer in other words, Governors and State and local lawmakers with whom they negotiate collective bargaining agreements. These practices often force exorbitant, seemingly unlimited costs onto taxpayers, an unfortunate circumstance which is markedly different than negotiating with companies over the use of inherently limited profits, as private-sector unions do. Moreover, when government unions strike, it imposes undeserved hardship on the American people by depriving basic public services they expect from their State or local government. It is for these reasons that historically, lawmakers on both ends of the spectrum have steered clear of instituting collective bargaining in government. Even President Franklin Roosevelt and George Meany, former president of the AFL-CIO, opposed collective bargaining in government. Imposing collective bargaining on State and local governments will likely result in a massive unfunded mandate on taxpayers. Congress should therefore appropriately leave these decisions to States as our predecessors have done. Not only do these bills undermine our Nation's system of federalism, they are another attempt by Committee Democrats to advance union special interests at the expense of workers. Democrats' top labor priority is H.R. 2474, the Protecting the Right to Organize Act, which deprives private sector workers of important workplace rights while giving labor unions almost unlimited power to impose economic harm on unsuspecting businesses. I bring up H.R. 2474 not only to demonstrate where Committee Democrats' priorities lie, but also to show that the goal of the Democrats is to promote forced unionization throughout both the public and private sectors. Exactly 1 year ago, the Supreme Court in Janus v. AFSCME ruled that no public employee should be forced to pay union dues as a condition of employment. Forced dues in government are particularly egregious, because collective bargaining impacts public policy and is thus inherently political speech. Rather than undermine these rights for public and private sector workers alike, this Committee should focus on issues where we actually have jurisdiction, including protecting the rights of workers covered by the National Labor Relations Act. Private sector workers should be allowed to make workplace decisions for themselves, like the choice to join and pay a union or not, share personal information with a union organizer, or vote for a union in a secret ballot election. At the same time, States should be free to determine public-employee labor laws for themselves, without needless intervention from the Federal Government. Thank you, I yield back. ______ Chairwoman Wilson. Without objection, all other members who wish to insert written statements into the record may do so by submitting them to the committee clerk electronically in Microsoft Word format by 5 o'clock p.m. on July 9, 2019. I will now introduce the witnesses. Ms. Tina Whitaker--Ms. Tina--is a social studies teacher from Miami, Florida. I am so pleased to see Ms. Tina Whitaker on today's panel because she is a current public school teacher in Miami-Dade County, my hometown, and a member of the United Teachers of Dade. I was glad she was able to accept my invitation to testify today. I also want to welcome Ms. Karla Hernandez, who is the president of the United Teachers of Dade County. She is with us in the audience. Our next witness is Dr. Joseph Slater. He is the Eugene N. Balk Professor of Law and Values at the University of Toledo School of Law. Welcome. Mr. Bob Onder is a State senator from Missouri, representing Missouri's District Two. Thank you for coming. Mr. Tom Brewer is the president of the Professional Fire Fighters and Paramedics of North Carolina in Charlotte, North Carolina. Mr. Brewer, thank you. Mr. William Messenger is an attorney with the National Right to Work Legal Defense Foundation in Springfield, Virginia. Welcome. Mr. Teague Paterson is a deputy general counsel of the American Federation of State, County, and Municipal Employees in Washington, DC. Thank you for coming. We really appreciate all of the witnesses for being here today, and we look forward to your testimony. Let me remind the witnesses that we have read your written statements and they will appear in full in the hearing record. Pursuant to committee rule and committee practice, each of you is asked to limit your oral presentation to a 5-minute summary of your written statement. Let me also remind the witnesses that, pursuant to title 18 of the U.S. Code, section 101, it is illegal to knowingly and willfully falsify any statement, representation, writing, document, or material fact presented to Congress or otherwise conceal or cover up a material fact. Before you begin your testimony, please remember to press the button on the microphone in front of you so that it will turn on and the members can hear you. As you begin to speak, the light in front of you will turn green. After 4 minutes, the light will then turn yellow to signal that you have 1 minute remaining. When the light turns red, your 5 minutes have expired, and we ask that you please wrap it up so I won't have to gavel you, because I will. We will let the entire panel make their presentations before we move to member questions. Remember, when answering a question, please remember to once again turn your microphone on. I will first recognize Ms. Whitaker. STATEMENT OF TINA Y. WHITAKER, UNITED TEACHERS OF DADE, HOMESTEAD, FLORIDA Ms. Whitaker. Good morning, Chairman Scott and Ranking Member Foxx. I would like to thank Chairwoman Wilson and Ranking Member Walberg for the opportunity to testify before this subcommittee. My name is Tina Whitaker. I am a veteran teacher of 21 years in Miami-Dade County public schools, Florida, and a proud member of United Teachers of Dade. I teach social studies at Arthur & Polly Mays 6-through-12 Conservatory of the Arts. I began my teaching career in May 1995 as a substitute teacher in Scotland Neck, North Carolina, at Brawley Middle School. Scotland Neck is in Halifax County, North Carolina, and is currently ranked 90th in per capita income in the State. I was excited not only was I giving back to the community in which I was raised, but I had the opportunity to work with teachers who had nurtured me as a student. At the beginning of the following school year, I began teaching North Carolina history and language arts to seventh- graders. Still excited, I decorated my class for the new adventure with the help of those same teachers who were now my mentors. After the completion of a successful year, unfortunately, I was released from my teaching duties because I was told that I had not fulfilled my obligation of getting my certification within 2 years of employment. A month of being a substitute teacher and 1 full year does not calculate to working for 2 years, but I had no one to advocate on my behalf since there was not a union I could belong to in North Carolina. I realized that I would have to navigate those waters alone. I drove to Raleigh, North Carolina, and pleaded my case to the North Carolina Department of Education. With hope in my heart, I proceeded to go back to the human resources department at the Halifax County School Board. I had no one to advocate on my behalf. I had no union, no professional organization that could fight for me. Here I was, a product of the community and the county school system who had beat the odds, but could not get anyone to listen to my pleas. I wanted the students that lived in my community to see that you can go off to college, get your degree, and come back home and serve the community in which you lived. I went from sadness and embarrassment to anger. I was angry because I was let go unfairly and those who could help me did not. I was able eventually to find an educational lawyer that took my case pro bono. Months later, I moved to Miami, Florida, and started the process of gaining employment as a substitute teacher and eventually an educator in Miami-Dade County Public Schools system. From my experiences in North Carolina, I learned what happens when you don't have someone to advocate for you. Therefore, I did not hesitate to join UTD after I became a teacher. This union has helped me reach my full potential. After coming from a place where my dreams were stifled and where I was unable to help my community, I found my voice in Miami because of a union that has helped me not only become a better educator but a better professional. UTD has afforded me opportunities that I otherwise would not have had. The PD I have taken part in has given me tools provided that I was chosen as Teacher of the Year and Social Studies Teacher of the Year. We are not just a union within the walls of our school building. We participate in advocacy and activism. With all that we do in our community, we have still had to organize to combat bad legislation that adversely affects our students and our work force. Yes, bad legislation does trickle down into our classrooms. When bad legislation is passed, it affects the morale and district funding which provide for smaller classes, more mental and educational services, and teacher salaries. You must walk your talk. Your message must be one of bringing togetherness in our communities. Healthy work forces and bargaining capability build strong and active communities, and strong communities build stronger economies. I am Tina Whitaker, and as a proud public school teacher and union member, I want public school teachers around the country to have a right to collectively bargain. I hope that Congress will soon pass this important legislation. Again, thank you for this opportunity, and I look forward to answering your questions. [The statement of Ms. Whitaker follows:] [GRAPHIC] [TIFF OMITTED] T7318.001 [GRAPHIC] [TIFF OMITTED] T7318.002 Chairwoman Wilson. Thank you so much, Ms. Whitaker. We will now recognize Dr. Slater. STATEMENT OF JOSEPH SLATER, J.D., PH.D., EUGENE N. BALK PROFESSOR OF LAW AND VALUES AND DISTINGUISHED UNIVERSITY PROFESSOR, UNIVERSITY OF TOLEDO, TOLEDO, OHIO Mr. Slater. Madam Chair Wilson, Ranking Member Walberg, and members of the committee, thank you for the opportunity to testify today. My name is Joseph Slater. I am a distinguished university professor at the University of Toledo. And I am here to give some background about how public-sector labor laws work and have worked in the U.S. and explain why I support the Public Service Freedom to Negotiate Act and the Public Safety Employer-Employee Cooperation Act. First, the U.S. is very different than other comparable countries. In other industrialized nations, public-sector unions and private-sector unions have essentially the same rights. In the U.S., while private-sector workers won the right to bargain collectively in 1935 with the National Labor Relations Act, public-sector unions did not begin to win collective bargaining rights until the 1960's. And, even today, 8 States do not permit any public employees to bargain collectively, and about another 12 States only allow 1 to 2 types of public employees to bargain collectively. Meanwhile, international law views collective bargaining as a fundamental human right. Second, public-sector labor law is out of step with other employment laws in the U.S. Many employment laws, many Federal employment laws, in the U.S. cover public employees as well as private employees. The wages and working conditions of public employees affect commerce, which is why Congress has the power, for example, to apply the Fair Labor Standards Act to public employees as well as private employees. Third, objections to public-sector collective bargaining have been largely disproven by experience. One old objection was that public officials would, for political reasons, cave to union demands. Experience has shown that is not true. This is partly because there are strong political pressures to the contrary. The general public wants good public services, but it also wants low costs for those services, and at the voting booth the general public tends to swamp public employees. There are also powerful and well-funded groups opposing public employee interests, such as anti-tax groups and anti-union groups. Meanwhile, public employees have legitimate interests as employees, just as private employees do, that need protection. Further, public-sector collective bargaining rights generally do not have any significant negative impact on public budgets. Public employees are not overpaid compared to comparable private-sector workers. The vast majority of studies on the issue have shown that, if anything, public employees are paid somewhat less than their comparable private-sector counterparts. Relatedly, there is no correlation between State budget deficits in States that grant collective bargaining rights to public employees. Researchers from UC-Berkeley found, quote, ``no statistically significant correlation between union density, union strength, and the size of State budgets.'' As Congressman Mike Quigley once observed, States allowing public- sector collective bargaining, on average, have a 14 percent budget deficit, while States that bar collective bargaining have, on average, a 16.5 percent deficit. Fourth, public-sector collective bargaining laws do a lot of good. They promote labor peace, reducing the number of illegal public-sector strikes. When my State of Ohio passed its public-sector law in the early 1980's, the number of strikes in the public-sector decreased dramatically. This was despite the fact that the Ohio law not only allowed collective bargaining rights for public employees but it allowed some public employees to strike under some circumstances. But yet the number of strikes went down. The same thing happened when Illinois passed its collective bargaining law in the 1980's. The reason this happens is because given bargaining rights to workers and effective alternatives to strikes means workers don't have to use illegal strikes as their only option to address their concerns. Indeed, a leading study found that public-sector strikes were most likely to occur in States that did not allow collective bargaining for public employees. For example, the teachers' strikes in 2018 took place in six States, none of which permitted collective bargaining by teachers. Fifth, collective bargaining rights help with retention and recruitment of employees. We should encourage talented people to go into the public service and stay there. Opponents of collective bargaining rights of unions often make arguments about corporate executive pay along the lines of, well, you need to pay these people a lot of money to get good people in the jobs and keep them there. Well, that is also true; we need to have good pay and benefits if we want talented people in the public service, if we want good teachers, firefighters, and police officers. Sixth, a number of studies show that unions increase efficiency and productivity. This is because union members know how to do their jobs. A series of studies demonstrate that. Finally, unions help the economy as a whole, in part because they help bolster the middle class. Collective bargaining has historically served to increase consumer purchasing power, assure a voice in the work force, and provide checks and balances in society. For these reasons, I support the Public Service Freedom to Negotiate Act. Thank you very much. [The statement of Mr. Slater follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Wilson. Thank you, Dr. Slater. We will now recognize Mr. Onder, our State senator. STATEMENT OF THE HONORABLE ROBERT F. ONDER, M.D., STATE SENATOR, MISSOURI GENERAL ASSEMBLY, JEFFERSON CITY, MISSOURI Dr. Onder. Thank you. Chairwoman Wilson, Ranking Member Walberg, members of the committee, for the record, I am Bob Onder, State senator representing Missouri's Second Senatorial District. Thank you for the opportunity to testify today. I was elected to the Missouri Senate in 2014, and, since then, I have chaired the committee that has handled most of Missouri's labor bills, including Missouri's Government Worker Protection Act, House Bill 1413, a comprehensive labor reform bill signed into law last year. Today, I appear before you to testify in favor of the rights of States and their political subdivisions to set their own public-sector labor policies, and, as such, I testify in opposition to the two bills before you today. Private-sector collective bargaining has been governed by Federal law since President Franklin Roosevelt signed the Wagner Act in 1935. Congress has long recognized the distinction between public-sector collective bargaining and the private sector and has allowed States and local governments, accordingly, to set their own laws, their own policies in the latter. FDR himself recognized this distinction when he Stated, ``All government employees should recognize that the process of collective bargaining, as usually understood, cannot be transplanted into the public service.'' It is important to recognize, as did your predecessors, the fundamental differences between government and private-sector unions. In the private sector, employers are private companies or individuals. Government and, by extension, the people are the employers of public-sector employees. Government unions through aggressive political activity often end up electing their own bosses, potentially leading to conflicts between the interests of citizens and taxpayers and that of the unions. In the private sector, there are natural checks and balances on the power of unions. If union demands make a company uncompetitive, everyone suffers. Witness the U.S. auto industry. These checks and balances are lacking with government unions. If we look at States with the worst fiscal conditions and the highest taxes, such as Illinois, New Jersey, Connecticut, what they all have in common is very strong government unions. I believe that if there is one thing we can agree on here, it is that different States have very different approaches to labor policies--for example, whether collective bargaining is allowed for police, firefighters, and teachers. Most allow it. Some mandate it, some ban it, and some allow it to be decided at the local level. And whether these workers should be allowed to strike. These varying policies have evolved over decades. Missouri has allowed public-sector collective bargaining since 1965. And since then, policy has been modified from time to time by statute, by decisions of two government agencies, and by hundreds of political subdivisions. Congress has no business centralizing all of this power in the Federal Labor Relations Authority. It would be an enormous Federal overreach and a violation of the principle of federalism to do so. And it would also require a massive expansion of the Federal Labor Relations Authority to micromanage labor policy in 50 States and thousands of political subdivision across our country. Finally, Federalization of public-sector labor law would preclude reform measures that protect both workers and taxpayers. Examples of such reforms include the provisions of House Bill 1413 passed in Missouri last year. With this bill, we codified the certification process; we gave workers the right to vote every 3 years as to whether they wanted to continue to be represented by a union; gave the workers the right to annually opt in or out of financial payment to unions; and promoted financial transparency similar to Federal LM reporting. These protections would be nullified by Federal legislation. Alexander Hamilton wrote in Federalist No. 9 that the proposed Constitution ``leaves to States' possession certain exclusive and very important portions of sovereign power.'' Our current system of State control of public-sector labor relations allows States to use that sovereign power to balance the interests of public employees and unions, citizens, and taxpayers. I urge this committee to reject Federal takeover of these very important State functions. Thank you. [The statement of Dr. Onder follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Wilson. Thank you, Mr. Onder. We will now recognize Mr. Brewer. STATEMENT OF TOM BREWER, PRESIDENT, CHARLOTTE NORTH CAROLINA FIRE FIGHTERS LOCAL 660 AND NORTH CAROLINA FIREFIGHTERS' ASSOCIATION, MOORESVILLE, NORTH CAROLINA Mr. Brewer. Good morning, Chairwoman Wilson, Ranking Member Walberg, and distinguished members of the subcommittee. My name is Tom Brewer, and I am the president of the Professional Fire Fighters and Paramedics of North Carolina. I appear before you today on behalf of the International Association of Fire Fighters, our general president, Harold Schaitberger, and the over 316,000 professional firefighters and emergency medical personnel who comprise our union. I began my career in public service nearly 23 years ago, and today I serve the citizens of Charlotte, North Carolina, as a frontline firefighter and captain. I also serve as the president of my local union, IAFF Local 660. My coworkers and I strive every day to protect our community and its citizens. At its core, the right to organize and collectively bargain is about establishing a mechanism to enable labor and management to work together for their mutual benefit. In States and localities with strong laws, collective bargaining has produced measurable improvements in training, staffing, equipment, and health and safety, resulting in improved local emergency response capabilities, safer communities, and safer firefighters. The people that we serve expect the very best from their firefighters, and we work hard every day to meet these expectations. But, many times, we are being asked to do our jobs with one hand tied behind our backs, because, even as highly trained experts, we cannot consistently convey basic workplace needs to our employers. Today's fire service operates on multiple governmental levels. Firefighters regularly respond beyond their own jurisdictions to incidents involving hazardous materials, active shooters, wildland fires, and other local and national security threats, all of which can impact communities not just throughout a State but across a region. Fire departments must work together in partnership to meet threats facing communities. Without an effective local response, homeland security is almost inevitably impaired. The Federal Government, therefore, has a responsibility to ensure that emergency response at the local level is as effective as possible. As public-sector workers, we are banned in my home State from collective bargaining. This means we cannot meet with our employer in a good-faith structured exchange. Instead, we plead with our local governments to try and get what we need to do our jobs effectively. As a result, both workers and communities experience inadequate protections. There are many communities in North Carolina where fire apparatus are dangerously understaffed. When responding to a fire, they must literally wait until a second apparatus arrives before engaging in suppression activities. Understaffing also hinders responses to other incidents such as car accidents, where insufficient personnel slows extrication duties and lifesaving procedures such as CPR. This not only endangers firefighters but it puts citizens at risk. Time and time again, firefighters in these communities have asked their city councils to increase staffing to meet these necessary safety standards, and time and time again they have been shut out. With collective bargaining, both parties would have a structured process that would allow for this necessary conversation to occur, helping fix this serious public safety problem. Consider my hometown of Charlotte. For the past 20 years, we have pleaded with the city to provide us with firefighter physicals, including cancer screenings. Finally, after years of dead-end requests, the city relented, and this is the first year they are being administered. Had we been able to sit down with our employer and present our case, how many dollars and, more importantly, how many lives may have been saved? Thankfully, there is a solution. The Public Safety Employer-Employee Cooperation Act will provide a basic set of collective bargaining rights for firefighters and other public safety workers while protecting the rights of States that currently provide these protections. Collective bargaining is overwhelmingly used as a mechanism to enable labor and management to work together for their mutual benefit. The Cooperation Act represents a conversation between public safety employers and employees--a process, not an outcome. Nowhere is this relationship more important than when lives and property are at stake. Having a voice in the workplace is a fundamental right for firefighters, just as the public has a fundamental right to rely on effective emergency services. In conclusion, when workers have a meaningful role and effective voice in the decisionmaking process, everyone is better off: Firefighters are safer, and communities are safer. Thank you, and I will be happy to answer any of your questions. [The statement of Mr. Brewer follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Wilson. Thank you, Mr. Brewer. We will now recognize Mr. Messenger. STATEMENT OF WILLIAM L. MESSENGER, J.D., STAFF ATTORNEY, NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION, SPRINGFIELD, VIRGINIA Mr. Messenger. Chairwoman Wilson, Ranking Member Walberg, members of the subcommittee, thank you for the opportunity to appear before you today. I practice labor and constitutional law for the National Right to Work Legal Defense Foundation, advocating for individual employees in both the private sector and the public sector. And that includes representing Mark Janus in his case, Janus v. AFSCME, before the U.S. Supreme Court. In Janus, the Supreme Court held it was unconstitutional under the First Amendment for the government to compel employees to subsidize a union's speech without their consent. As a result of Janus, an estimated 5 million public employees were freed from forced fee requirements and now have the right to choose whether or not to support a union. But while public-sector workers now enjoy this freedom, many private-sector workers do not. In particular, those private-sector workers not fortunate enough to work in the Nation's 27 right-to-work States can still be forced to support a union against their will even though their public-sector brethren cannot. Now, this inequity could be rectified by Congress passing the National Right To Work Act, which would extend right-to- work protections to all employees. With the National Right to Work Act, both public-sector employees and private-sector employees would enjoy the freedom to choose whether to support a union. Unfortunately, some propose to make an inequitable situation even worse by stripping private-sector employees who enjoy right-to-work protections of those protections. A prime example is the Protecting the Right to Organize Act, H.R. 2474, which will permit unions to force private-sector workers to pay compulsory fees notwithstanding State right-to-work laws to the contrary. That act represents a step backwards. In the wake of Congress, Congress should seek to expand worker freedoms, not to curtail them. But while Janus freed public-sector workers from forced fee requirements, many are still subject to forced representation requirements. Under monopoly bargaining laws, workers are required to accept a union as their exclusive representative for speaking and contracting with the government over certain public policies irrespective of whether the individual employee approves or not. In other words, the government is dictating who speaks for employees in their relations with government. And, as a result, the individual worker is stripped of his ability to speak for himself or through other associations of his or her choice. Now, the Supreme Court in Janus recognized that this form of government-compelled association ``substantially restricts non-members' rights'' and, quote, ``causes significant impingement on associational freedoms.'' And, in fact, it turns the democratic process on its head. Under monopoly bargaining laws, instead of citizens choosing their representatives in government, the government is choosing representatives to speak for its citizens. Even Franklin Delano Roosevelt, who enacted the National Labor Relations Act, opposed public-sector monopoly bargaining. But, at a minimum, monopoly bargaining is a fundamentally flawed idea that Congress should leave up to the States of whether or not they should politically collectivize their own employees. Currently, State labor relations are governed not by Federal law but by State law. And some States, such as Virginia and North Carolina, do not allow monopoly bargaining at all. And several other States, after suffering the negative consequences of handing union officials too much artificial political power, have been moving to reform their laws. As these States are moving to correct the situation, Congress should stay out of the way and not make their job harder. And, in fact, the Tenth Amendment requires that Congress respect State sovereignty on this matter. Under the Tenth Amendment, the Federal Government cannot interfere with State governance by dictating both that States regiment their employees into mandatory advocacy groups and formulate their public policies based upon bargaining with those advocacy groups. Such interference with how States formulate their own public policies would violate basic principles of federalism and would not survive a legal challenge in the courts. Thank you for the opportunity to testify today, and I look forward to answering any questions you may have. [The statement of Mr. Messenger follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Wilson. Thank you, Mr. Messenger. We will now recognize Mr. Paterson. STATEMENT OF TEAGUE P. PATERSON, DEPUTY GENERAL COUNSEL, AFSCME, WASHINGTON, D.C. Mr. Paterson. Thank you, Chairwoman Wilson, members of the committee. My name is Teague Paterson. I am deputy general counsel for the American Federation of State, County, and Municipal Employees, or AFSCME. I want to thank Chairwoman Wilson and Ranking Member Walberg for the opportunity to testify at this hearing. I also thank Congressman Cartwright and Senator Hirono for sponsoring the Public Service Freedom to Negotiate Act, and also Chairman Scott and the many other members of this committee for cosponsoring this important legislation. AFSCME members provide the vital services that make America happen. In major cities and in small towns across the United States, AFSCME members work in hundreds of occupations dedicated to serving the public, including in the fields of justice, education, healthcare, transportation, public works, and many, many others. Why do working people join unions? Simply so that they can productively address their working conditions, gain economic security, and improve the work they do for their communities. Notably, low-and middle-wage workers gain the most from unions, reducing economic inequality and gender and racial wage gaps, while also providing a means to address other forms of discrimination faced by women, people of color, LGBTQ-plus individuals, and the disabled. Public service unions also benefit communities. Union members use their collective voice to advocate for better public services, like ensuring that 911 call centers have the staff necessary to quickly answer calls and dispatch help and also to make sure that schools hire staff necessary for students to succeed. Surveys and experience show that unions are more popular than ever, and when public employees have a meaningful right to bargain, they are choosing to express that right by forming and joining unions. It is, in fact, a right that is guaranteed by the First Amendment of the United States Constitution. This bill is needed because, in many States and communities, public servants have been denied a meaningful opportunity to exercise this fundamental right. What is more, organized anti-union forces are working to further undermine unions, dismantling protections for public service workers who wish to exercise this important right. We have heard from some of them today. In fact, we just now heard from Mr. Onder regarding his bill in Missouri, H.B. 1413, which he described as a step forward. But, this past March, a Missouri judge issued an injunction halting that law. Here is how the judge described it, and I quote: ``a blatant attempt to subjugate employees to the whims and caprices of management, free from the obligation to act in good faith.'' The judge also Stated it renders collective bargaining, quote, ``a farce,'' and it also, quote, ``impermissibly reaches deep into the mechanics of self-governance and dictates the terms and circumstances under which unions are permitted to express their political voice and opinion.'' So it is laws like this in Missouri and other States that make this act necessary. The Public Service Freedom to Negotiate Act empowers the Federal Labor Relations Authority to protect the right of public service employees to join a union, to collectively bargain, to access dispute-resolution mechanisms, and to be free from the imposition of rigged recertification elections. And it is drafted with the powers, rights, and limitations granted by the Constitution in mind. Private-sector labor relations have been regulated under the NLRA for more than 80 years. Because public-sector employer-employee relations affect commerce in the same way and to the same degree as in the private sector, Congress assuredly has the authority to enact equivalent protections in the public sector. But this act does so in a way that ensures local control and does not go beyond the requirements of the Commerce Clause and is in keeping with principles of federalism. It guarantees that States can design their own solutions while completely exempting the smallest municipalities altogether. But for States that do not do that, it protects their rights of public service workers while providing a means to cooperatively and productively resolve disputes. In conclusion, this legislation will help level the playing field and ensure that dedicated public service employees can negotiate for fair wages, hours, and working conditions and improved public services for our communities. Thank you for this opportunity to testify. It is a privilege and honor to appear before this committee, and I am happy to answer any questions. Thank you. [The statement of Mr. Paterson follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Wilson. Thank you so much, Mr. Paterson. And let me welcome again, all the way from Miami, Ms. Karla Hernandez-Mats, who is the president of the United Teachers of Dade. I am so happy that she is with us today. Under committee rule 8(a), we will now question witnesses under the 5-minute rule. I will now yield myself 5 minutes. Ms. Whitaker, in 2018, Florida passed House Bill 7055, an education bill containing a thinly veiled attack on teacher unions. The law represents a 180-degree reversal of Florida's past 50 years of public-sector collective bargaining law. In 1962, Florida interpreted its constitution to provide public employees with the right to join or refrain from joining an employee organization, like a labor union, without fear of losing their jobs. And in 1968, the constitution was rewritten to explicitly include a protection for public employees' collective bargaining rights. However, as of 2018, this right is being eroded by requiring teacher unions to report their dues-paying membership data to the State, data which is then being used to trigger elections if dues-paying membership is less than 50 percent. This reform makes no sense, creates no solution to any problem, and, instead, burdens teachers and their unions with unnecessary regulations. In your testimony, you describe the impacts of bad legislation on teacher morale. How has H.B. 7055 impacted you and your colleagues? And how are you and other teachers resisting this targeted attack? Ms. Whitaker. Thank you, Chairwoman Wilson. In our school buildings, our teachers are constantly worrying about whether or not our rights and privileges will be taken away. Our morale is already low because of the attack from our legislature, and once they started with the decertification bill, now everyone is on edge. It has taken our union away from lobbying for our children with our school board, making sure that the items that they pass benefit all students and not just top management. Also, this legislation has provided a way to eventually take the union out of the process. Not too long ago, they took away tenure for teachers. How can you ensure that you have an operating education system if you don't have tenure for teachers? New teachers are now coming into the system and not knowing whether or not they have a job from year to year, because each year they go back to being an annual contract teacher. So the morale has been very low. The funding has been low from our legislature. And teachers in our union are now--we are constantly fighting that battle. And it feels as if it is us against them, and that is not how it should be. We should be working together to resolve issues. Teachers should be at the table when legislation is proposed. And with United Teachers of Dade, they have been on the forefront because the teachers could not be there. We had to work. It was our responsibility to educate our children. That is what we are there for. And with our children in the buildings, they are worried now whether or not they are going have teachers from year to year, because there is a major shortage in the State of Florida. Right now, we are at 2,000. And if the teachers that are close to retirement, if they retire, that number will go higher. So that bill was basically put forth to further break United Teachers of Dade, I feel. Chairwoman Wilson. Thank you. Thank you. Mr. Paterson, your testimony mentioned some of the inconsistencies within the gamut of State laws that govern public employees' collective bargaining. I want you to tell us, how are these inconsistencies--how do they harm workers, and why is there a need for a Federal standard? Mr. Paterson. Thank you for that question. Look, some variation State by State is healthy, and we have that. But the problem is, where States do not provide for the effective or the meaningful exercise of the right to join a union and to collectively bargain is where this bill becomes necessary. In terms of establishing a basic floor, this bill establishes terms that have been shown to be tried and true and effective in ameliorating disruptive activity and ensuring a cooperative and productive labor relations system. Chairwoman Wilson. Thank you. I now recognize Ranking Member Walberg for his round of questions--the esteemed ranking member. Mr. Walberg. You flatter me. Thank you, Madam Chairwoman. I appreciate that, and I appreciate the panel being here today. As I said earlier, it is an important discussion. Mr. Messenger, we would certainly, together, agree that workers should have a right to secret-ballot elections and should be free to decide for themselves whether to join and pay into a union or to share personal information with a union organizer or not. Democrats insist these basic protections threaten the right to organize. I don't see that. They indicate that it threatens the protections to propose or deny all of them legislative protection, as well, currently pending before this committee. However, I guess I would ask you this question. Do right- to-work, secret-ballot elections or employee privacy impact workers' rights to organize? And, second, why are these protections so important for workers? Mr. Messenger. Thank you for the questions. To answer them in reverse order, the reason they are so important is the First Amendment guarantees every individual the choice to choose with whom they associate. So the government shouldn't be in the business of forcing any individual to associate with a union or any other advocacy group against their will. And to the extent the government does decide to force individuals to submit to monopoly representation, at the very least, it should be done pursuant to a democratic process in which the individuals are guaranteed the right to a secret- ballot vote, where they can make their choice in the privacy of a voting booth as opposed to being forced to make that choice in the presence of a union organizer. And that goes to the second question with respect to giving out employees' confidential information. The information that some of these bills seek to require disclosure of is personal to those employees. It is personal email addresses, personal phone numbers. It is a violation of that individual employee's privacy to compel the disclosure of that information to a third party that individual may not want anything to have to do with. And then, when you couple them together, the disclosure of information and the lack of secret-ballot protections, you are putting together a very coercive process. Mr. Walberg. It takes away their choice. Dr. Onder, thanks for being here. Thanks for the work you do in the senate. Thanks for being willing to experience the impact of a judge and a court decision-- Dr. Onder. Yes. Mr. Walberg [continuing]. even as on the other side with Janus, there was a court decision. Dr. Onder. Yes. Mr. Walberg. And there was disagreement, of course. There is disagreement here. And we will see how it all turns out. I personally hope it turns out well for you. Dr. Onder. Yes. Mr. Walberg. As a State legislator, we understand--at least we ought to--the primacy of the States is what makes our federalism really work. And, sadly, we have moved away from that. The legislation that you passed requires public employers to receive annual authorization from employees before deducting union dues from their paychecks. Based on your experience, why do you think this paycheck protection provision is an important policy for workers? Dr. Onder. Yes, I think it is very important because workers not only make the decision whether to join or to opt out of the union but they should be able to decide whether they want their dues withheld or whether they want to opt out. And I think what happens all too often--we know that only 5 percent, fewer than 5 percent, of Missouri government union workers have ever had a chance to vote on their union. These unions were certified as having monopoly control over workplaces decades ago. So regularly offering employees the option to continue to have dues withheld or to potentially stop having dues withheld and leave union membership, I think that is a fundamental worker right as well, as well as the right to periodically vote whether that worker wants to continue monopoly representation by a given union in that workplace. Mr. Walberg. You also indicated in your legislation that collective bargaining negotiations must be open to the public. Why is that important? Dr. Onder. Well, because the public has an interest in what goes on in those meetings. Public money is being spent; public policy is being made right now in behind-closed-doors meetings. And I noticed that one of these bills would actually exclude management from these negotiations and only give the final say to the governing board of that political subdivision. So I think more transparency, more ability of the public to see how their money is being spent is important. Mr. Walberg. Okay. Thank you. I yield back. Chairwoman Wilson. Mr. Morelle. Mr. Morelle. Thank you, Chairman Wilson, for holding this important hearing; to all our witnesses for being here today. In my district of Rochester and throughout all of New York State, we have long stood behind our workers' right to organize and collectively bargain. We are a union State. We understand that a strong union means effective workplace safety, higher wages, reliable benefits, and improved quality of life for all of our employees. I saw the benefits firsthand while growing up in a union household. My dad was a proud member of the Plumbers and Pipefitters Union Local 13, United Association, and I worked to defend these rights throughout my 28 years as a member of the New York State Assembly serving as its majority leader. And I am proud to be part of this subcommittee and the majority party as we fight to protect and promote strong labor standards and the rights our workers deserve. The Supreme Court's 2018 decision in Janus was yet another in a long history of attacks on labor unions in this country, and such decisions are consistent with the sentiments expressed by the Trump administration and what I believe is their steady campaign to undermine the ability of labor unions to collectively bargain and ensure strong labor standards, fair and livable wages, and better benefits for all employees. My home State was one of the first to respond to Janus, in the court case, to ensure our unions and workers knew the State was behind them and giving them full-throated support. Today's hearing, however, remains as imperative as ever. Employees in too many States across the country are robbed of the support by misleading right-to-work laws. It is our responsibility to continue the fight for workers' rights to organize and collectively bargain to ensure fairer standards for all, including taxpayers. So I wanted to just ask you, Mr. Paterson. I would like your perspective on this. In my opinion, the diverse and divergent legal regime that currently governs State and local employees' ability to collectively bargain and join a union is insufficient, and we have seen example after example of the poor outcomes that result from the prohibition of collective bargaining. Given what the ranking member, Mr. Walberg, said, and I have had some, as I said, a long history as a State legislator, why, in your opinion, does it fall to Congress to create a minimum standard instead of--what do you think the best argument is instead of leaving it to for essentially a State- by-State decisionmaking? Mr. Paterson. Thank you for that question. And the answer is really for the same reasons that 80-plus years ago, Congress enacted the Wagner Act, which is that unstable labor relations where the right of workers who organize to productively resolve their grievances and disputes and to negotiate over wages, if they aren't given that productive opportunity, it overflows into the economy. The public sector is a huge segment of the American economy, and we have seen what happens when workers don't have a productive means of expressing that right. And we have seen a number of strikes in different States, particularly in States that don't afford a meaningful right to bargain. So we see this kind of activity where there isn't a productive process to reach terms and conditions of employment. And so really, it is for those same reasons that this bill is necessary. Mr. Morelle. Thank you. Mr. Brewer, I am just curious. I often know that people who are rank-and-file workers are those who come up with the most effective reforms about how to do things more effectively, more efficiently. In your department, for instance, how challenging is it for rank-and-file members to get their employers to consider those proposals, to really look at how do we improve the functioning of a fire department or a police department? Could you just talk about that and any experiences you might have had or that members have had? Mr. Brewer. Absolutely. And thank you very much. To put it just bluntly, it is incredibly difficult for employees to make suggestions and have their voices heard. In my testimony, I brought up physicals. This is something that, before I was even hired on the Charlotte Fire Department, our home local, Local 660, was advocating for annual firefighter physicals, which is kind of the industry standard, and this went on for over 20 years before we finally got them. As part of these physicals, there are some cancer tests in there, cancer detection tests. As a lot of you know, cancer has been a scourge in the fire service. From 2014 to 2016, in the Charlotte Fire Department alone, we have 41 documented cases of cancer. We had three firefighters die within a 3-month period of time. And I am not saying that these physicals would have caught them, but there is a great possibility that they would have. But if we would have had the means to simply sit down with our employer and say, hey, we want these physicals to protect our members to get these tests, it would have been a lot easier than having to go to politicians and asking them to do it. Mr. Morelle. Very good. Madam Chair, thank you again for this hearing. I appreciate it very much, and I yield back my time. Chairwoman Wilson. Thank you. And now the distinguished Dr. Roe. Mr. Roe. Thank you, Madam Chair. And a full disclosure. I've served as a city commissioner and mayor of my local community before I was elected. And, Mr. Brewer, thank you for your service in the Air Force. I also want to thank the Charlotte EMT folks. I found myself one morning in the floor of the Charlotte airport doing CPR on a gentleman who had a cardiac arrest, and they were able to come and assist, and this gentleman survived and did well. So I thank you for that. I want to get straight to some questions about secret ballot. And by the way, I am a huge fan, being the mayor, of our fire and police department. In Tennessee where I am in our local community in Johnson City, we have an NSO rating of one. We do not have a--we are not unionized there, and our police officers--I had to put on a scrub suit to go to work every day. They had to put on a Kevlar vest. And I have incredible respect. And EMTs I worked with as a physician in my local community, and I've seen that service improve dramatically across the country from when I started the practice of medicine. So I want to just say that personally. I have a very strong feeling. I put on a uniform and left this country to go to Southeast Asia over 40 years ago to protect your right to have a secret ballot. I think it is one of the most sacrosanct rights we have in America is to be able to go behind a screen, and I say this as a joke, and people, many have heard it. I don't even know whether my wife votes for me or not, because it is a secret ballot. I think it is that important. And I found it hypocritical that when we developed the USMCA, that we had people on this committee right here insist that part of the MCA agreement that workers in Mexico had a right to a secret ballot, which I totally agree with, but we are trying to take that right away from an American citizen. I don't understand that. And I would like anyone, Mr. Paterson or anybody, to answer why you don't think a secret ballot is a good idea when I go to vote. For me, every person on this dais was elected by a secret ballot. Mr. Paterson. Well, the act that is under consideration does provide for secret ballots, and it also allows States to have laws which afford voluntary recognition on the basis of the majority showing of interest. Mr. Roe. You would support a secret ballot in union elections, then, across the board? Mr. Paterson. I would support employee free choice if that free choice is exercised in a manner that is not coercive and it meets the same requirements that public elections in this country-- Mr. Roe. The way you have a noncoercive--the way it is noncoercive is you pull the curtain and you get to vote in a secret ballot. That is the way. And, look, if you want to have a union, you should be able to vote for it and have it if you want to. If not, the people who are in that--and the other one, I would like to have a question. Mr. Messenger, you may know this. What happened in--because I don't. What happened in Wisconsin when the laws were changed there, and the Governor there changed the law? There was a lot of turmoil about whether you had to pay or not to be in a union. Did people opt out or did they stay in? Did they see value from their membership, I guess, is what I am asking? Mr. Messenger. A large number of employees decided to drop out once they had the opportunity to actually make that choice. Prior to Act 10, and it was also prior to Janus, you know, employees in Wisconsin didn't have a choice of whether or not they wanted to support a union. Once they were given that choice, a large number decided to opt out. Now, some decided to stay. That is also their free choice, but the most important thing is that each individual was allowed to choose. And if I could also go back to answer your first question with respect to secret ballot elections. You know, another important part of a secret ballot is that the result is respected of that election. Under H.R. 2474, the PRO Act, it gives the NLRB the authority, if employees vote against union representation, to overturn that result if the NLRB believes it doesn't reflect employee free choice, and impose the union on those employees that they just rejected. And so I think that the PRO Act, you know, in that way, even though employees were given the right to vote, it means little if their voice isn't ultimately respected. Mr. Roe. Dr. Onder, and not only do States and local governments have ideological preferences, they also have unique needs when it comes to prioritization budgeting, as I know and you know as a State legislator, and other decisions governments make. Based on your experience as a legislator, why is flexibility important for State and local lawmakers, and what impact would the bills before us today have on the flexibility of that State and local governments they currently enjoy to make important financial decisions? Dr. Onder. Yes. It is the very essence of our system of democratic governance that we elect officials who then make decisions. The people exercise their sovereignty through their elected officials. And when that sovereignty is replaced by behind closed-door negotiations between politicians and union officials, that violates that sovereignty, and that is very important. And I agree with you on secret ballots. Voluntary recognition with a card check, voluntary showing of recognition and, of course, those cards are obtained out in the open with a union organizer pressuring employees to sign them, that is the very antithesis of the principle of the secret ballot. Mr. Roe. Thank you, Madam Chair. I yield back. Chairwoman Wilson. Mr. Courtney of Connecticut. Mr. Courtney. Thank you, Madam Chairwoman. And thank you to all the witnesses for being here today. Mr. Brewer, I just want to sort of foot stomp a point you made in your testimony about a practical public benefit of collective bargaining which is the apparatus staffing that you described where only two are--again, the system that you have in the area that you are working. As a member of an international, I mean, you are obviously able to compare notes with other jurisdictions that do have collective bargaining where issues like staffing actually are negotiated. And maybe if you could just sort of describe that sort of side by side of, you know, colleagues that are in States that recognize collective bargaining and the benefits to the public of adequate staffing versus nonunion jurisdictions like your own where it sounds like you almost have to wait for another vehicle or truck to show up before you can actually start doing your job. Mr. Brewer. Yes. Thank you. Yes, absolutely. We do have communities in North Carolina that are severely understaffed, places like Boone, North Carolina, for example, you know, where there is a major university. They will have trucks with two individuals, with two firefighters on those trucks, and it has, you know, the possibility to hinder operations. Studies show, for example, that four-person CPR is the most effective. When it comes to fighting fire, there is like a two- in, two-out rule. And, you know, if you show up with just two people on an apparatus and the house is burning, they will have no means to go in until another apparatus arrives. And so what we believe is, with this legislation, we would be able to sit down with our employer, and again, not just the safety of the firefighters, because it does put firefighters at risk, we are talking about the safety of the citizens to talk about that safety for adequate staffing. Mr. Courtney. Thank you. Professor Slater, Mr. Messenger in his remarks described that the legislation we are considering today runs afoul of the 10th Amendment. I am sure this is something that you have thought about and possibly written about. I was wondering if you could comment on that constitutional issue. Mr. Slater. Well, there are two issues involved here. The first is the straight 10th Amendment issue. When Congress extended employment laws such as the Fair Labor Standards Act and various antidiscrimination laws to public employees, there was a brief dispute in the courts in the 1970's and 1980's about whether the 10th Amendment barred that. But ever since I was in law school, which was a long time ago, the courts have rejected 10th Amendment claims. The Fair Labor Standards Act, antidiscrimination laws apply to public employees as well as private employees. There is an 11th Amendment issue coming from the case of Alden v. Maine that would only apply to State employees where States have limited immunity for private suits for money damages, but that wouldn't be a problem under this law because it is enforced by a Federal agency, the Federal Labor Relations Authority. Mr. Courtney. Great. Thank you for clarifying that point. And, Mr. Paterson, again, we heard about Wisconsin's experience after it changed its labor laws. The fact of the matter is the Bureau of Labor Statistics in January reported that union membership among State and local government employees actually held steady in the wake of Janus. I was wondering if you could comment on that and, you know, in terms of obviously you are a union that is all across the country in terms of what you are seeing. Also, in terms of what we are seeing in terms of efforts in the wake of Janus to, again, get folks to opt out and yet, nonetheless, the statistics are showing that it has actually held quite steady. Mr. Paterson. Yes, you are right. And I understood that to be sort of two questions, so let me try to take them in reverse order. There are currently dozens of corporate finance groups that have committed to spending $40 million to $50 million in campaigns to try to dissuade public sector workers to quit their union. These are glossy brochures that say things like quit your union, lose nothing. The union still has to represent you. This is quite literally the message they are sending, and it hasn't worked. Why hasn't it worked? Because members know when they are being sold a bill of goods. They know what is at stake. Our members know that their union is just that. It is their union, and if they quit it, they know what they lose. And so these campaigns just haven't worked. They have fallen flat. And some are really gimmicky, like, this actually happened. One of these corporate-backed operatives was dressed like Santa Claus handing out union resignation letters around Christmas saying give yourself a pay raise. Those kinds of things don't work with our members, because the most powerful thing is an educated, empowered worker, and that is what unions do. Mr. Courtney. Thank you, Madam Chairwoman. I yield back. Chairwoman Wilson. Thank you. Mr. Allen of Georgia. Mr. Allen. Thank you, Madam Chairwoman. And again, this is a great debate that we are having here today. You know, after hearing in this Congress my friends on the other side of the aisle continue to promote this Federal one- size-fits-all policy on States and localities, and this hearing today seems not to be an exception to that. Of course, we have talked about the Supreme Court decision last year which righted the ship as far as a significant win for workers rights and the First Amendment. Based on what I have studied, the PRO Act would undermine the rights of workers in States. In my State of Georgia, we have been named the best State to do business for 6 years running. We are a right-to-work State, and of course, the reason that our business and our economy is growing is that the first priority of every business, public or private, is a skilled work force. Yes, there are many unions working in the State of Georgia. In fact, I at one time was a part of one of those, but however, the people in Georgia want a choice, and that is the reason our laws are written the way they are. And Mr. Messenger, the Supreme Court held decades ago that workers cannot be required to pay a political portion of union dues. As far as the H.R. 2474 is concerned, it would ban State right-to-work laws, forcing millions of private sector employees to pay union dues or lose their job. Are private sector unions' dues being used for political purposes and speech to accomplish just that very thing? Mr. Messenger. Yes, I believe that they are. A portion of union dues, even in the private sector, are used for political expenses. Employees do have some rights to object to paying for that political portion. However, private sector employees, absent a right-to-work law, can be forced to support other union speech and advocacy. For example, their speech vis-`-vis their employer. And as you mentioned, H.R. 2474 would strip employees of their right-to-work protections, such as in Georgia, and allow unions to force them to pay fees as a condition of their employment. Mr. Allen. Currently, we have--and, you know, this, I guess, could be debated, but obviously the economy is doing well, and I think it is the best in the world. You know, we have got more jobs than we have got job seekers, and of course, that is why we have teacher shortages. That is why we are looking for people to work in the public sector and private areas. But the thing that--one of the concerns that I have is that union leadership in the public and private sector alike have a long history of corruption, embezzlement, and other wrongdoings when they are left unaccountable to rank-and-file workers. And, in fact, I looked it up. For the record, about $16 million went to Members of Congress from public sector-- political contributions, public sector unions. Ninety percent went to one specific party. And so, Mr. Messenger, did any public sector bills being discussed today help prevent instances of fraud and corruption that might go on that--you know, here we are talking about the taxpayers, okay. I represent the taxpayers. And what do you see out there as far as instances of government and union corruption negatively impacting our taxpayers? Mr. Messenger. Yes. I didn't see anything in H.R. 2474 that would prevent union corruption. In fact, by reinstituting forced fee requirements and overriding State right-to-work laws, H.R. 2474 would facilitate that kind of corruption. Because when employees have the choice to decide whether or not to support a union, they can hold the union and its leadership accountable by withdrawing their financial support if the union is mismanaging the assets. However-- Mr. Allen. The State senator wanted to say something, and I have got 5 seconds. Go ahead, sir. Dr. Onder. That is an excellent point. And when corruption is uncovered, it is because of Federal LM reporting requirements in the private sector. Most States do not have the equivalent in the public sector. Mr. Allen. Thank you very much. I am sorry. Out of time. I yield back. Chairwoman Wilson. Thank you. Ms. Fudge of Ohio, with the red scarf. Ms. Fudge. Thank you very much, Madam Chair. I thought you were going to introduce me as distinguished too. So let me see if I can distinguish myself today. It is just so pleasant to hear my colleague, Mr. Allen, talk about-- Chairwoman Wilson. Prestigious. Ms. Fudge [continuing]. supporting choice. I hope maybe 1 day you all will support a woman's right to choose what she wants to do with her own body. Mr. Paterson, so happy to see you here. You know, my mother is a retiree of AFSCME. She is still very, very involved in her union. And I grew up in a household that made me know early on what unions can do for people, so thank you for being here. Ms. Whitaker, it is a pleasure to meet you as well. I understand you are one of my sorority sisters, so welcome. I have a question for you, Ms. Whitaker. We are in the midst of a national teacher shortage. We have lost more than 26,000 just African American teachers over the last 8 to 10 years. Can you tell me why you think that is happening? I mean, I understand we have got some poor working conditions and low pay, but tell me why you think that is happening. Ms. Whitaker. We tend to lose African American teachers yearly. The main reason African American teachers are not staying, not just the pay, the working conditions. If you are not afforded the proper books, the materials that you would need to educate your children, and pay, it makes for a rough day. Our children need to see African Americans in the classroom. Also, we need male teachers, African American male teachers. Every male in here would like to be able to provide for his family. And males, they are not coming. If they come, they are only there for a short period of time. So in Miami, you can barely afford to live where you work. Ms. Fudge. Well, is it true that one in five teachers have a second job? Ms. Whitaker. Yes, ma'am, we do. Ms. Fudge. So the economy is not as great as they say? Ms. Whitaker. No, it is not. Ms. Fudge. Let me ask you a question, Mr. Slater. Last year's teachers' strikes marked a four-decade high in strikes in the United States, and most of them occurred in States where collective bargaining rights were not there to protect teachers. Can you tell me why this was inevitable, where we find ourselves today? Mr. Slater. From the 1960's through the present, the one thing that we know from experience is that strikes in the public sector are most common where there are no collective bargaining rights for public workers. And as you say, that was true in almost all or essentially all the States where there were teacher strikes last year. The reason is that workers feel, often justifiably, that they have no other options to get their employer to listen to their concerns, to really take them under consideration. In contrast, in my State of Ohio, which not only grants--in your State of Ohio, which not only grants collective bargaining rights to teachers but permits them to strike in some circumstances, there are very few teacher strikes. There is an average, as I am sure you know, of about one strike in all the public sector every year in Ohio because there are alternatives. There is fact finding. There is mediation. There is what we call interest arbitration. There are realistic alternatives where workers can feel they can get their voices heard in these States, unlike States without collective bargaining rights where strikes are, unfortunately, a frequent last resort. Ms. Fudge. Thank you. It seems to me, as I have listened to the testimony, that those who find themselves not able to be protected by unions find their jobs much more difficult, and even some of them who are that are in States that do not support and believe in the fundamental right to collectively bargain, they are being mistreated in ways that we have been looking at for many, many, many years. People know that it is labor unions who created the middle class in this country. That is why we have a 5-day workweek. That is why we have sick time, paid sick time, vacation time, because of labor. So what I am hearing from my colleagues is that they don't want any of that. You know, they just want to save money instead of deal with people. Money is not everything, but clearly, if we can't pay our teachers who teach our children a decent wage, there is something wrong in this country. So that is just my point of view. I hope I have distinguished myself, Madam Chair. I yield back. Chairwoman Wilson. You did with putting on that red scarf. Thank you. We wear red on Wednesdays for the Chibok girls, and that is why you see red on the audience, and even Mr. Walberg wears red every Wednesday. You see him? The distinguished Mr. Walberg. Thank you so much. And now, Mr. Banks of Indiana. Mr. Banks. Thank you, Madam Chair. As one of the co-authors of the Indiana right-to-work law, I have had some experience with this particular topic, and I just want to note today how radical some of these proposals are that we are debating. Democrats are seeking to impose their will on the American people by subverting the collective bargaining laws passed by their own State governments. I want to make something very clear. Washington, DC, has no business telling Hoosiers how to run their own State government. Indiana's collective bargaining rules have been in place since 2005, and we have been a right-to-work State since 2012. The choice of whether to change those laws rests with Hoosier voters, not the Democrats on this committee. Senator Onder, I want to start with you, and I want to commend you for the work that you have done on this particular issue in Missouri. Could you talk for a minute about how the Federal Government takeover of collective bargaining rules would specifically hurt your State? And specifically, can you talk for a little bit about how it would undermine workers' rights regarding agency fees and transparency of union expenditures? Dr. Onder. Yes. I think that is a very good point. And what I would add is not only would these two bills undermine the principle of federalism, the right of States, Indiana, Missouri, to set their own public sector labor policy, but even undermine the ability of political subdivisions, school boards and fire boards and cities and counties, to negotiate with their workers and set their labor policies. But I think that transparency is extraordinarily important. When we have uncovered instances of union misuse of fees and corruption, it has almost always been in the private sector because of Federal LM reporting that has been required since 1959 in the private sector union arena. So that is why House Bill 1413 in Missouri required that similar disclosure of the use of union dues. We also in 1413 extended to workers the right to vote whether or not they want to be part of a monopoly representation work force controlled by unions. Not every worker wants that. Some of the testimony by some of the witnesses alluded to the political activity of their various unions. Not all workers want to be part of that political activity. So these bills are a massive Federal overreach. They are a huge violation of the parent principle of federalism. And, you know, I commend your work in Indiana and on this committee in fighting for the rights of States and of the people expressed through their elected officials. Mr. Banks. Thank you for that. Mr. Messenger, the recent Janus decision allowed government workers in non-right-to-work States to opt out of forced union dues. Is there any data on how many workers in those States have actually chosen to not pay those agency fees? Mr. Messenger. Well, we know one thing is that all the forced fee payers, which were individuals who were not union members who were being forced to pay these compulsory fees against their will, were almost all entirely freed in the wake of Janus, because Janus was unequivocal that the government could not take these individuals' money for union fees without their affirmative consent. But the next question becomes how many individuals who are union members because they now have the right to choose whether to support a union decided to drop out? And the numbers on that are still really undetermined. They are just rolling in. Tomorrow is the 1-year anniversary of Janus, so there are really not hard numbers yet on how many exercised that choice. But I want to emphasize, the most important thing isn't how many exercised that choice to be union members or nonmembers, but the fact they have that choice. You know, prior to Janus, they didn't have the right to choose whether to support a union. The government and union officials forced them whether they wanted to or not, and now they have that choice. And even if few exercise it, it is still a very important principle. Mr. Banks. Thank you for that. With that, I will yield back. Chairwoman Wilson. Thank you. And now, Dr. Shalala of Florida, former Secretary of HHS. Ms. Shalala. Thank you very much, Madam Chair. I did wear red today, I want to point out. Mr. Paterson, we are having a debate about federalism. This, in fact, is a debate about federalism. I agree with my colleagues. But federalism also allows us as Members of Congress to identify when there is a national interest in minimum standards and human rights, for example, in civil rights. And it is a debate about how workers ought to be treated and what are the mechanism by which they will get fair treatment. So could you talk a little about what is the national interest that justifies the kind of legislation that we are talking about? Mr. Paterson. Yes, I would be happy to, and I think it touches on what I was saying before about how it is the same interest for which Congress passed the National Labor Relations Act. And this bill is not unique in the sense that Congress would be enacting provisions governing employer and employee relations and terms in public employment. There is a litany of examples where Congress has done that, and it has worked well, and also in conformity with principles of federalism. So I mean, I could rattle off a number of acts like the Fair Labor Standards Act or the ADA. The ADA actually requires public employers to sit down and engage in a collaborative process with employees to reach accommodations when they have disabilities. So that is one example where Congress has found that the Commerce Clause authority is significant, and the effects on commerce are significant enough to establish a minimum standard. The Pregnancy Discrimination Act, the Equal Pay Act. Recently in 2008, the GINA, the Genetic Information Nondisclosure Act. USERRA which governs our veterans. So important to preserve their rights in terms of their employment relations in State and local employment. This act that is before you today is just one example of the many ways in which the recognition of this important sector of the economy should be leveled and should have a level standard that applies to all public servants, whether they are a nurse in a hospital or working in a correctional facility or any number of occupations and industries that have a very important effect on commerce and are actually integral to the fabric of our economy. Ms. Shalala. Thank you. I want to welcome Tina Whitaker from Miami, Florida. We are happy to have you here. Collective bargaining helps, not just the teachers and students, but also the whole community. Could you talk a little about your experience with UTD, how having a union supported your school's broader Miami-Dade community? Ms. Whitaker. As a union, we are all over Miami-Dade County. We are in our communities. We are not just a union within our school building or at a headquarters at United Teachers of Dade. Our communities see us there. They call and we are there. We are at book fairs, parades. We are at community events where our children are. We are at churches. A lot of us do attend our churches and synagogues, so they see us often. Even when there was a government shutdown, United Teachers of Dade was there for the community. We are not a selfish union. We provide school supplies for those students that cannot afford them. Even the pre-K teachers. We provide school supplies for them, because unfortunately, the funding that the teachers are given for supplies, the pre-K teachers are not included. United Teachers of Dade, we are a family, and we look out for our community. We are out there. Yes, we do advocacy and activism, but that is what you are supposed to do. You are supposed to look out for those that are next door to you, regardless of whether you are a teacher, a firefighter, a professor, a Senator, a Congress person. You are supposed to look out for the people that are in your community. I always tell my students, learn to lobby for yourself. Learn to advocate for you. And I always tell them--I said, listen, I start my year out, and I want you to be able to understand. I go back to when I have to teach the Holocaust, but I would start early. When they came for the socialists, I said nothing. When they came for the trade unionists, I said nothing. When they came for me, no one was there to speak for me. United Teachers of Dade, we speak for our community, not just the teachers, but we are there for everyone in our community. Ms. Shalala. Thank you very much. I yield back. Chairwoman Wilson. Thank you. And now, Mr.--or Dr. Foxx, our ranking member of the entire committee. Ms. Foxx. Thank you, Madam Chairwoman. I want to thank our witnesses all for being here today. Mr. Messenger, Democrats' labor agenda this Congress has been about imposing the will of union bosses on unwitting States, employers, employees, and others in order to reverse the decades-long decline in union membership. Why might it be in the interest of union bosses to undermine right to work, secret ballots, and employee privacy? How do these proposals relate to the original intent of the National Labor Relations Act? Mr. Messenger. Well, all three of those issues, the compulsory unionism with compulsory fees, the taking away of the secret ballot election, and the disclosure of private information, are all intended to facilitate allowing union officials to exert their power over individuals who may not want to associate with that union. And it perverts the original intent of the National Labor Relations Act or of the--as amended by the Taft-Hartley Act, I should say, which was to facilitate employee free choice, not to have a one-sided, pro- union type agenda. In fact, you could see that through the legislative history. When it was originally enacted, the National Labor Relations Act was rather one-sided, but Congress corrected that in 1947 with the Taft-Hartley Act to provide that employees have the right to refrain from supporting a union and to protect them from unfair labor practices caused by union and union officials. And so there is some balance at present within the structure of the National Labor Relations Act. But bills, you know, like the PRO Act, are meant to upset that balance and very much skew things back against individual employers. Ms. Foxx. Thank you. That is the way it seems to us, and we appreciate your point of view. Dr. or Senator Onder, thank you for being here. I would say you are a good example of what Ms. Whitaker says about giving back to the community. Dr. Onder. Thank you. Ms. Foxx. Thank you very much. My home State of North Carolina is one of just three States that has no government union collective bargaining. It is also one of the fiscally healthiest States in the country, as evidenced by several massive revenue surpluses in recent years. Based on your experience as a State lawmaker, do you believe North Carolina's fiscal strength can be tied to the absence of collective bargaining in government? How might imposing government union collective bargaining in North Carolina risk the State's fiscal condition? Dr. Onder. Well, a very good question. I think it very well may. And conversely, I think the poor fiscal health of some other States, Connecticut, Illinois, New Jersey, California, can be traced to the collective bargaining agreements that have been reached over the years between government and unions. If we look at pension liabilities, in New Jersey, every man, woman, and child in the State of New Jersey owes $26,000. If we look at Connecticut, $33,000. And those pension liabilities are the product of decades of negotiations between public sector collective bargaining, representatives, and politicians. Now, I am not here today to say that the Federal Government should preempt all that. I believe New Jersey and Connecticut and California and Illinois have to get their own house in order, but I am saying quite the opposite; that it is up to North Carolina, to Missouri, to Georgia to decide what we want our public sector policy to be that is important to the principle of federalism and even to the sovereignty of the voters who elect us. Ms. Foxx. Thank you. Mr. Messenger, Democrats seek to impose binding arbitration on both public and private sector collective bargaining negotiations, essentially empowering unaccountable bureaucrats to determine workers' contracts and employers' costs. What problems might this create for employers' financial stability as well as the unique needs of employees? Mr. Messenger. Well, there are two issues, the first of which is that, you know, going through the binding interest arbitration process could result in terms that are disastrous for the employer. Under current collective bargaining law, an employer does not have to agree to any particular terms. It has to bargain to impasse but doesn't have to agree to them. If you go to binding arbitration, suddenly the arbitrator is in control of importing company policies that may control the fate of that company. And also, binding arbitration may upset the constitutional basis on which the National Labor Relations Act was upheld. When it was originally passed, one of the reasons it survived constitutional challenge is because it didn't force employers to enter into agreements with unions that bind their employees. The arbitration would, of course, change that and potentially open the act up to legal challenge. Ms. Foxx. Thank you very much. And thank you, Madam Chairman. I yield back. Chairwoman Wilson. Thank you very much. Mr. Levin from Michigan. Mr. Levin. Thank you so much, Madam Chairwoman. Thanks for having this important, important hearing. I want to start by just going to much more fundamentals than we have talked about. All this talk about compulsory, mandatory unionism, which simply means when workers as a group choose to form a union, it binds the group. Like many other democratic decisions, this horrifies Mr. Messenger, who is part of an industry that seeks to do nothing other than destroy collective bargaining in the United States. The United States is not in compliance with fundamental international human rights norms when workers like Ms. Whitaker and Mr. Brewer do not have the freedom of association at work. ILO conventions, 1987 and 1998, which, to our shame, the United States has not ratified, require all workers in society, including public sector workers, to have the freedom of association. It is a fundamental human right which is denied. The idea that we are having this hearing and having people and the minority talk about how great it is that we are denying a fundamental human right to millions of American workers is not something that would happen in virtually any other country in the world. In the world. And it is a shame on our country that we are even having this discussion. And I am here to get us there, somehow to get this country to the point where we recognize workers' rights to have freedom of association at work, to get the kind of basic things that Mr. Brewer has talked about: Safety for firefighters, effectiveness for firefighters, basic rights for teachers in Florida and other States. I want to ask you a couple questions, Dr. Slater, about the laws that States have been passing to make it harder and harder for workers to organize at the State and local level. Some States have required, for example, periodic decertification elections. I don't see them requiring election--you know, procedures for businesses to be able to, you know, destroy their local chamber of commerce or something. It is just unique anti-unionism in this country in the public sector. But I want to have you explain how these laws are designed to undermine unions and whether they also have the effect of undermining or hurting government operations. Mr. Slater. Yes. Well, two things in response. First, you are absolutely right that the United States is in violation of the United Nations Universal Declaration of Human Rights and International Labor Organization Declaration of Fundamental Principles and Rights at Work in terms of collective bargaining for all employees, including public employees, being a fundamental human right. In fact, both Human Rights Watch and Amnesty International have Stated that U.S. laws in this area and some States violate international law. As for the decertification laws, a few States, Wisconsin and Iowa that I can think of off the top of my head, you talked earlier about Florida, mandatory recertification elections every year whether anybody wants it or not. The way labor law has traditionally worked, both in the public and private sectors in this country, is you have--you can have recertification elections maybe every three--at a minimum, every 3 years if 30 percent of the workers want it. And that is still true in all the States that provide collective bargaining laws. These States that require mandatory recertification laws, whether no one wants it or not, it is clearly an attempt to destabilize labor relations. Unions have to constantly be in a reelection mode whether anybody wants them to be or not. Employers don't know how long they have to sign a contract for. Employees don't know what their rights and wages and obligations will be at work. The average union contract lasts about 3 years. That provides for stability and predictability for both parties. I don't think any of the Governors who signed these laws into effect would want themselves to be up for reelection every single year because that would create political instability. Same thing for unions. Mr. Levin. Thank you. And how has the broader attack on basic rights of public sector workers to have collective bargaining affected the operations of local or State governments? Mr. Slater. It has destabilized them. It has created a lot of people who have left public employment. In Wisconsin, for example, there is a lot of people who fled public employment. And more generally, weakening unions increases wage inequality. Mr. Levin. Thank you. And my time has expired, Madam Chairwoman. I just want to thank you again for your tremendous leadership in this effort, and emphasize the need for us to pass these bills. Thanks, and I yield back. Chairwoman Wilson. Thank you. Thank you so much. Mr. Wright from Texas. Mr. Wright. Thank you. Mr. Messenger, are you horrified, because you don't look horrified to me? Mr. Messenger. I am not, sir. Mr. Wright. I didn't think so. I am glad that we are discussing fundamental rights because, to me, the right to work is rather fundamental. And other fundamental rights are enshrined in the Bill of Rights, one of which includes the 10th Amendment. And that is a very important amendment. A lot of people want to ignore it, but it is there for a very important reason. And when the Constitution was written, Mr. Messenger, correct me if I'm wrong, wasn't it the States that created the Federal Government, or was it the other way around? Mr. Messenger. States created the Federal Government. Mr. Wright. And that is why we have a 10th Amendment, isn't it? Mr. Messenger. Yes. Mr. Wright. I am from Arlington, Texas, and I used to serve on the city council there for 8 years. And Texas, of course, is a right-to-work State. It is one of the fastest growing States, and people, workers, and companies, are literally flocking to Texas, and have been for 20 years, from overregulated States, and they are doing that for a reason. That is because we still have freedom and opportunity in Texas, partly because we are a right-to-work State. Now, when I was on the city council, we had a very robust police association, firefighter association, and the city council worked with them routinely. And if they wanted something and the council didn't give it to them, they could go to the people. They could go to the people. And if they could get a petition to put something on the ballot, they could, and they did, and succeeded. Also, after I was on the city council, I was a county official, Tarrant County, which is the 15th largest county in America. It is large. A lot of employees. It is also one of the highest paid of any county in Texas. Tarrant County pays its workers higher than other urban counties in Texas that are larger. Now, Tarrant County, by the way, is majority Republican on commissioner's court. They are the ones that decide what the budget is and how much people are going to be paid. And our workers get paid more than like Dallas County, which is controlled by Democrats, Bexar County, which is controlled by Democrats, and I can go on and on. My point is this: This notion that there has to be collective bargaining or workers aren't going to be paid enough or workers are going to be underpaid compared to everybody else is absolute nonsense, at least in Texas. That is not true at all. And we are a right-to-work State, and it works. I wanted to ask you, Senator, do you see the same kind of results in Missouri? Dr. Onder. Yes, we do. And in fact, in Missouri, we have had public sector collective bargaining since 1965, but for police and teachers, we have only had it since 2007. And in between police and teachers, Fraternal Order of Police, the Missouri State Teachers Association, would get together and meet and confer sessions with management, with the local political subdivision leaders, and the system worked well. We didn't have this one-size-fit-all federally mandated regime that these two bills advocate. So, yes, I agree with you that labor and management can work together without imposing a Federal structure on our cities and our counties and our school boards. Mr. Wright. Right. Thank you. I think what is before us today does not expand freedom or opportunity. In fact, I think it is horribly oppressive on the States. And I am going to yield the remainder of my time to the ranking member. Mr. Walberg. I thank the gentleman. And I thank you for your history lesson there of Texas. Mr. Messenger, one of the reforms included in Missouri's collective bargaining reform is a requirement that unions stand for periodic recertification elections, as we have talked about. To your knowledge, does any such requirement currently exist for private sector workers under NLRA? Mr. Messenger. It does not exist. In fact, most private sector workers have never had the opportunity to vote on union representation. I believe a recent study showed that over 90 percent have actually never voted for the union that currently represented them because the union was voted in or card checked in many, many years ago, sometimes even decades ago, and there has never been an election. Because under the National Labor Relations Act, unless employees can affirmatively put together a 30 percent petition within a very narrow period of time, they are precluded from demanding an election. And there is a variety of tactics that are used such as merging bargaining units and such that make it extremely difficult for employees to decertify, making the need for recertification elections that much more apparent. Mr. Walberg. I thank you, and yield back to Mr. Wright. Mr. Wright. I yield back. Chairwoman Wilson. Thank you. Mr. Norcross from New Jersey. Mr. Norcross. Thank you. I heard when I was out of the room that my State was garnering some attention. We are rather unique. We have something called public officials with a union label. We have members, rank-and-file members from different parts of the State who have run for public office. See, we think it is a good idea to have somebody who understands day in and day out what the average worker goes through. Because one thing we understand, if you are not at the table, you are on the menu. And the suggestions that I have heard today certainly make that absolutely clear. I hear about strikes and shutdowns that if public employees had more power would happen. If I recall correctly, didn't we sort of have a strike here when we shut down government? That is a different story. We will leave that for another day. Certainly, the recertification--let's be clear here. You can decertify a union. That is available to any member at any day by putting that together, so don't confuse the issues here by talking about that. It is about balance. It is about fairness. You don't want it one side or the other. You want a cooperative working relationship, something we certainly could use here in Congress, that at the end of the day, when you have those discussions, it becomes a better workplace. In my career prior to coming here to Washington, I was an electrician, construction electrician, and one of the most important things in collective bargaining is safety. Safety on the job. During my period of working out in the field, I experienced three horrible days when somebody on my job was killed. Something you will never forget. So when they talk about overreach of government, OSHA has saved thousands of lives, or in the State they called it POSHA. That is the sort of regulation that you want, that you work together. And quite often as part of the collective bargaining agreement are those safety committees that are put together. But it is the bargaining table where this should take place. The idea of allowing the States to have the same set of basic foundation for those employees who want--it is their choice if they want to join a union. But when they don't have the fundamental right to do it, that is where we are having a problem. So, Mr. Paterson, I have seen and I have talked about the failure to protect workers. Talk to me about those safety conditions that might be talked about or written into a collective bargaining agreement and how there is either an advantage or disadvantage for doing that. Mr. Paterson. Health and safety. When you talk to workers about one of their most pressing concerns, the answer is--often health and safety is at the top of the list. And frankly, workers are the people who know what the risks are, and they know what can be done to mitigate or eliminate those risks. And frankly, they are the ones that suffer if that is not done. The process of collective bargaining has and does and has always included bargaining over safety standards and protocols and the give-and-take of ensuring the employer commits adequate resources to ensuring worker safety. And not just worker safety but the safety of customers and other people who might be on the job site. When collective bargaining laws are eliminated or at least dramatically curtailed like, for instance, in Iowa recently, then workers and their unions do not have that ability, and things can quickly go by the wayside. After the Iowa law, HF 291 was passed, sometime after that, we had a member who was actually--Tina Suckow, who was actually a mental health hospital worker in Independence, Iowa, was injured severely on the job by one of the patients in that facility who was having an episode. And the reason is because the safety harness was new and was not one that the workers had sufficient training in, and she was hospitalized. But what is worse than that is that, not only was she hospitalized as a result of this extremely dire physical attack, was that while in the hospital, she used all her leave, and the employer fired her. Now, if we had still had robust collective bargaining rights in Iowa, then the union could have negotiated over the leave. The employees could have gotten together and pooled their leave so that she would have the leave to get well, and they could have grieved her discipline. But all of these basic fundamental collective bargaining rights were eliminated. Thank you. Mr. Norcross. We are running out of time. Again, I want to thank the committee for putting this hearing together. Together, working together in a cooperative relationship, we really can get this done. Chairwoman Wilson. Thank you, Mr. Norcross. And now, Ms. Underwood of Illinois. Ms. Underwood. Thank you, Madam Chair. I am so pleased that we are having this hearing today. You know, Janus was an Illinois case, and so this is particularly important to many of my constituents. I am also pleased that Ms. Whitaker is here. I thank you for your many years of service to the children in your community. And we have talked with the Illinois Federation of Teachers and our friends at AFSCME Council 31 to prepare for the hearing today, and so I am just really delighted. You know, part of the benefits of union membership are ensuring that we have equal pay. And one of the things that we did at the beginning of this Congress was, on this committee, was we passed the Paycheck Fairness Act. And when we think about equal pay for all workers, workers of color, for women, unions have led the way and particularly in the public sector. And so I think it is critically important to reference the historic leadership role that public sector unions have played with respect to paycheck fairness and equal pay. My question is for Mr. Brewer and Mr. Paterson. It is related to public health. I am a nurse, and I spent my career as a public health nurse working to expand coverage around the country. And so what would you say to those who argue that unionization of public safety officials and firefighters would have an adverse impact on public health? Mr. Paterson. Well, I will address the nurses. You can address the firefighters. Thank you. Look, there is a tremendous amount of research done by higher education institutions in the nursing field, by epidemiologists, by sociologists, by public health experts, that shows where nurses have a voice on the job and have a representative who can amplify that voice and bring that voice to the bargaining table, that patient outcomes improve. And I could go on, but the evidence is out there and it is a clear dynamic. And so collective bargaining improves, not only working conditions, but patient outcomes in that field. Ms. Underwood. Thank you. Mr. Brewer. Mr. Brewer. And I would add to that, as our jobs as firefighters have evolved over the years, you know, we are at the point now where not only are you fighting fires, responding to national--natural disasters, we are also medics and we are EMTs. So any time there is a car accident, any time an ambulance is dispatched somewhere, firefighters are responding. You know, we work with different agencies to show the effectiveness of four-person CPR. You know, so when you look at the save rates at places like Charlotte--and it was even brought up here today--you know, those studies show that where the union is involved and where we can advocate for these things, where we can advocate for, you know, four on a truck, you know, for four-person CPR, for car accidents where we are going to have to do patient care and extrication at the same time, all of this has a major impact on the public and the public health. Ms. Underwood. And when we think about current priorities and challenges that we struggle with as a Nation, like the opioid epidemic, all right, we know that many of our firefighters are on the front line in every community in this country combating, and I know that your union has been active in preparing your members for responding to that public health emergency. Would you like to speak on that? Mr. Brewer. Absolutely, yes. And a lot of times, a lot of these conversations today we have centered around pay in that we are going to bargain for pay, but we bargain for a lot more than pay. It is about health and safety. It is about how can we provide better care for the public, how can we provide better care for our members. And, you know, the opioid epidemic, we have done numerous public announcements, training at a lot of our conferences and stuff, and then we take that back from the international and, you know, disperse it at a State level and on a local level. So, you know, we always say that we are on the front lines for everything, and firefighters are throughout this country, no matter what the situation, we are called a lot of times and we are glad to serve, but it would make it a lot easier if we could sit down with our employer and talk about what we need and how we can make it even better. Ms. Underwood. Well, I thank you so much for the work that you do in your communities. And thank you for being here to share your stories with the committee today. I yield back my time, Madam Chairwoman. I yield my time to Mr. Scott. Chairwoman Wilson. You yield your time to Mr. Scott? Ms. Underwood. Yes. Chairwoman Wilson. You don't have--you have-- Ms. Underwood. I yield back. I yield it back. Chairwoman Wilson. Okay. Mr. Scott has his own time. Thank you so much. We appreciate that. This is our distinguished chairperson of the Education and Labor Committee, Dr. Scott. Mr. Scott. Thank you. Mr. Paterson, could you tell us what obligation you have to represent nonmembers of the union when there is a union? Mr. Paterson. Yes, I can. I think what you are referring to is the--what is known under the law as the duty of fair representation, which is that when a union represents workers, it is not just representing its members or its dues-paying members, it is representing the entire collective bargaining unit that elected it to represent them. And so the duty of fair representation requires that the union fairly represent, as it indicates, everyone, not just the members, but also nonmembers. Mr. Scott. And if an individual nondues-paying member has an individualized case and you represent others in individualized cases, would you have an obligation to represent that person, notwithstanding the fact they are not paying dues? Mr. Paterson. That is correct. We absolutely do have that obligation, yes. Mr. Scott. And in a fair-share situation where nonmembers have to pay a fair share, what are they paying for? Mr. Paterson. Well, in the private sector, which currently does permit the employer and the union to negotiate a fair- share system, it doesn't actually impose it as a matter of law, but they can negotiate in the contract, and most unions do, precisely because the union is obligated to represent the entire bargaining unit, and it does so, but that comes at a financial cost. Mr. Scott. Now, the fair share that is imposed, is that the full union dues or just a portion of it? Mr. Paterson. No. The nonmembers' fair-share fee is limited to the cost of representation. It does not include political or ideological expenditures or other things like, you know, members' parties and things like that. It is purely the cost of representation. Mr. Scott. That you are obligated to perform? Mr. Paterson. That is correct, under the law. Mr. Scott. Thank you. Dr. Slater, you had mentioned international standards. Where would we see these international standards realized? Would it be in treaties and trade agreements and things like that? Where would we see the international standards for labor rights? Mr. Slater. The international standards I referenced earlier would be in trade agreements and treaties, as you say, but also in the laws of the member countries. So in the laws of France, laws of Germany, laws of other Western European countries, you would see guarantees for rights of all employees, including public sector workers, to bargain collectively. Mr. Scott. And based on those international standards, did I understand you to say that many States don't come up to those minimum standards? Mr. Slater. Well, it depends how you mean ``many.'' I mean, one thing that should be clear is this bill would not affect the majority of States. The bill provides that we would--the FLRA, the Federal Labor Relations Authority, would review State laws to see if they met certain minimums. And I can say confidently that a clear majority of States do meet those minimums, but in--there is about eight States that don't provide any public employees the right to collectively bargain, about a dozen more that provide collective bargaining rights only to one or two types of employees. And in those States, yes, we are not in compliance with international law. Mr. Scott. And if a country had those provisions, is it likely that we wouldn't do a trade agreement with them? Mr. Paterson. If a country had provisions-- Mr. Scott. If a country didn't have those minimum labor rights, is it likely that we wouldn't do a trade agreement with them? Don't we usually have-- Mr. Paterson. Oh, yes. Yes, we do look--I think our--the better policy is to look at whether other countries have certain minimum labor standards before we do treaties with them, yes. Mr. Scott. Thank you. Senator Onder, in Senate Bill 1413, can you--do you have a provision in there that requires a union recertification, that requires an absolute majority vote, whether voting or not, which essentially means that a no vote, a nonvote is counted as a no vote? Is that part of that bill? Dr. Onder. So, under 1413, every 3 years there would be a recertification election, and recertification would require a majority of all those members of the bargaining unit to vote yes. And, you know, because these voters are all found within the workplace, within the bargaining unit, this has not proved to be an overly burdensome procedure. In Iowa, well over 95 percent, I believe, of the bargaining units did recertify under Iowa's law. Mr. Scott. You and I would be in trouble if we had to run an election like that. What is the status of the bill at this point? Dr. Onder. So, in March, as was mentioned earlier, a judge in St. Louis County enjoined the entire bill, which is, I believe, an act of judicial overreach of the highest order. The judge did not even consider provision by provision but enjoined the entire bill. It is awaiting trial in January. Mr. Scott. I yield back my time. Chairwoman Wilson. Thank you. Mr. Taylor from Texas. Mr. Taylor. Thank you, Madam Chair. I appreciate this hearing and appreciate the witnesses. And I served in the State legislature in Texas for 8 years, and I happen to represent--I live in the highest per capita income city in North America. There is over a quarter million people, and as businesses come--and they primarily come from union States--and when they cite reasons they come, they talk about how Plano has great schools, how we are investing in roads, how we have a low tax burden. But another thing that is very consistently mentioned is we are a right-to-work State. And I think the success of my community, certainly the high per capita income is great, but also just looking at the employment numbers, since January 2017, we have created 620,000 jobs in Texas, and we have a 3-1/2 percent unemployment rate, which is the lowest it has ever been. So clearly, what has worked for Texas, what has worked for my community, I hope that Congress can leave well enough alone and say, hey, they have got a right and they are doing a good job. And, Senator, thank you for being here. I appreciate your service, and I know what it means to be a senator. It is great that your being here. I never had to do that extra duty. So thank you for taking the time to be here-- Dr. Onder. Thank you. Mr. Taylor [continuing]. from The Show-Me State. And, Mr. Messenger, I am just going to ask you a very technical question about H.R. 1154. And it imposes--without imposing a penalty that strikes are illegal for public safety officers only when they, quote, will meet or measurably disrupt the delivery of emergency services, closed quote, and are, quote, designed to compel an employer to agree to terms of the contract, closed quote. Based on your reading, does anything in H.R. 1154 prevent a government unit from striking over a political or a legislative issue? I mean, is there anything to stop them from--striking-- nothing to do with work but they can strike over some political issue or legislative issue. Mr. Messenger. I have noticed no such restriction in the law requiring or, you know, limiting when strikes can be over and preventing them, you know, with respect to political type issues. Mr. Taylor. Right. So, like, I mean, an example would be-- you know, I am sure myriad examples. But obviously, that creates a whole other level which has nothing to do with work, right? I mean, I think we generally think of unions as being about work environment, pay, conditions, hours, things like that, and a lot of the benefits we have discussed today have been about those things precisely, but this allows, you know, quote/unquote, politics to be involved and strikes to go based on politics. Mr. Messenger. Yes. And as the Supreme Court recognized in Janus, you know, all collective bargaining in the public sector is political. I mean, ultimately the union is trying to influence governmental policies, and even things like wages and such ultimately effect the public fisc and public services that can be provided. So in the public sector, all collective bargaining is political, which is one of the reasons the Supreme Court in Janus held employees couldn't be forced to subsidize that advocacy. Mr. Taylor. So I guess what you are saying is you could see a strike that was purely political in nature and has nothing to do with actual work or the work conditions or the employer or hour or pay or anything like that. I mean, it could just be purely political, and then the employee, the union member is then kind of forced to go on a strike that in a political cause they wouldn't even want to be a part of. Mr. Messenger. Yes. And some of the testimony today I believe supports that. You know, there has been the argument that collective bargaining, you know, affects public safety. I think that is one of the justifications, you know, for the bill which we are talking about. So we are talking about something that is political ultimately, something that affects public safety, even in the opinion of those who advocate, you know, for this bill. And so, yes, it is all political. Mr. Taylor. Well, and so I think when we think about our constitutional rights and something that the Bill of Rights is something very important I think to every American. You know, in the First Amendment, we have the right to freedom of speech, right to freedom of association, three other rights. But compelling people to be part of an organization they don't want to be part of and, worse, compelling them to participate in political speech, which something that may be an anathema to them, I think is a disturbing strike at the core of our democracy, at the core of this idea of fundamental free speech that we can say what we think and we don't have to worry about someone telling us what we are going to say and forcing us to go on a strike about a political cause that we don't support. Mr. Messenger. I agree. I mean, monopoly bargaining in the public sector involves the government mandating that a particular organization, a union, speaks for a group of workers, whether they approve or not. And in my opinion, that infringes, you know, on their freedom of association, including even if there is a secret ballot election. You know, the Supreme Court said in West Virginia v. Barnette, the First Amendment exists to protect certain liberties from majority rule, and those liberties cannot be subjected to a majority vote. And so if each individual has the right to decide who represents them, who speaks for them in their relations with government, which they certainly do under the First Amendment, it is unconstitutional, in my opinion, to force individuals to accept a representative even pursuant to a majority vote. Mr. Taylor. All right. Thank you. And, Madam Chair, I yield back the balance of my time. Chairwoman Wilson. Thank you. Mr. Watkins-- Mr. Watkins. Thank you, Madam Chair. Chairwoman Wilson.--from Kansas. Mr. Watkins. Thank you. In 2018, my home State of Kansas marked its 60th anniversary of becoming a right-to-work State. Kansans felt so strongly about this that, in 1958, they voted in favor of adding a right-to-work amendment to our State's Constitution. Twenty-seven States, including Kansas, have now passed laws that prohibit a worker from being forced to join a union. And a Bureau of Labor Statistics shows the union membership rate was only 10.5 percent in 2018. This is down .2 percent from 2017. Senator Onder, you are a neighbor in Missouri, and in your State, your State went to the polls to vote on a proposition to enact a right to work, but the measure was defeated. We have heard a considerable amount today extolling the virtues of government union bargaining privileges. You yourself are from a State in which government employees have such privileges. Dr. Onder. I do. Mr. Watkins. In your opinion, as a State lawmaker, do any of the benefits of government union bargaining justify Congress imposing it onto State and local governments, or would it make more sense to advocate--to advocates to have this debate in State capitals? Dr. Onder. I believe that it does make sense to have this debate in State capitals. I think there is no question that States have very different labor policies regarding public sector unionization, Wisconsin versus New Jersey, Kansas versus California. And I think our principles of federalism, our principles of democratic self-governance dictate that remain the case. One of the members emphasized the freedom of association at work being a fundamental human right. I would agree with that. Doesn't that include the right of that worker to decide whether he or she wants to join or support a union? Doesn't it include the right of that worker to periodically vote whether or not he wants to continue monopoly representation by a union? So I believe that our current system of federalism serves us well. The needs of New Jersey might be different than the needs of Kansas, but to impose a one-size-fits-all tyrannical regime from Washington, I think, is the wrong approach. Mr. Watkins. Thank you, Senator. And I yield the remainder of my time, Madam Chair. Chairwoman Wilson. Thank you. Thank you so much. And now, we want to welcome Ms. Finkenauer, who does not serve on our committee but is a sponsor of the bill. Ms. Finkenauer of Iowa. Ms. Finkenauer. Thank you, Chairwoman Wilson. And also, thank you, Chairman Scott, for allowing me to be here today and be part of this discussion which is very personal to me. I have to tell you it has been an interesting, you know, few moments here on this committee listening to some of the testimony today, and frustrated and disappointed by some of the rhetoric that I have heard spewed that is anti-union and antiworker. You know, State Senator Onder, you are a neighbor to my home State of Iowa. I was a former State legislator myself for 4 years in Iowa, and I have to tell you, I have done some research while I have been up here and, again, your rhetoric that you have been spewing against unions and also your record against working families is disappointing and, quite frankly, offensive. You see, this is personal to me. And I grew up a daughter of a union pipefitter/welder in Iowa. My mom was a public school secretary. Heck, my grandfather was a lieutenant firefighter who helped advocate for Iowa's bipartisan collective bargaining law back in the seventies. It is a law that has worked well in my State, and it is a law that, sadly, I saw destroyed during my time in the State House. You see, I will never forget February of 2017, standing on that State House floor after days of hearing testimony from my friends, my family, and my neighbors in my home State who are just working their tails off to provide for their families, folks like our teachers, our corrections officers, our bus drivers, who aren't asking for a whole heck of a lot but were asking to be treated with dignity and with respect. And there we were standing on that State House floor, and I looked up into that gallery as my Republican colleagues in the State of Iowa were about to vote yes to gut their rights. And I looked up and I saw tears in many of their eyes, and I had tears in my own, thinking to myself in that moment that is not how we treat people in my State or in my country and I was going to do whatever I could to get it back. So here I am in Congress, right now, working with my colleagues, trying to fight like heck for my friends, my family, and my neighbors who I saw the State of Iowa let down. You see, we have got a lot of issues since that gutting of collective bargaining happened in the State of Iowa. And, heck, since 2011, actually, we have lost a thousand public employees in the State. These staffing shortages now that we have seen since the gutting of collective bargaining has resulted in a failure to train employees on vital safety measures, which have literally put their lives on the line. And in one State mental health facility in my own district, four employees have been attacked in the last 10 months. It is unconscionable. And, again, this is not how you treat people in my State or in my country. The law also quite literally created a system that was rigged against working people, forcing unions to go through a costly and burdensome recertification process that was designed to make them fail, but they didn't. As you said, 95 percent of them were recertified, because they worked their tails off and they appreciate their unions who step up for them, who have their backs every single day. And I have to tell you, I am proud to represent my friends, my family, and my neighbors. I was proud to represent them in the State House, and I am proud every day to represent them in Congress. And I am also proud to now be a sponsor of the Public Service Freedom to Negotiate Act, again, with my colleagues here today. It prevents States from attacking public employees' collective bargaining rights like they did in Iowa, ensuring that they can negotiate for fair pay and safer workplaces. I am grateful for all of you being here today. But I would really like to focus on these last few minutes of this committee, if Mr. Paterson and Dr. Slater can walk us through how this legislation that I mentioned, that Public Service Freedom to Negotiate Act, will help workers in States like Iowa, like mine, and like those across the country, who have seen their rights already undermined. Mr. Paterson. Well, in the short time--thank you and thank you for supporting this bill and sponsoring it. We are very grateful. The--and I see I only have a few seconds, so let me just say that the bill essentially does three things. It ensures that a major sector of the work force can actually exercise the constitutional right to form and join a union. It ensures that employers have to sit down and talk to the union and negotiate with the union that the workers have elected. And then if they can't reach an agreement, it applies objective processes to make sure that those disputes don't boil over, that the parties don't resort to brinkmanship or other existential type of tactics and, instead, work productively to reach a solution and for the better of everyone in the economy. Thank you. Ms. Finkenauer. Thank you very much. And I yield back. Chairwoman Wilson. Thank you so much. You can put that into the record for us in writing, the answer. That would be for Ms. Finkenauer and other members of the committee. Thank you, Mr. Paterson. I remind my colleagues that, pursuant to committee practice, materials for submission for the hearing record must be submitted to the committee clerk within 14 days following the last day of the hearing, preferably in Microsoft Word format. The materials submitted must address the subject matter of the hearing. Only a member of the committee or an invited witness may submit materials for inclusion in the hearing record. Documents are limited to 50 pages each. Documents longer than 50 pages will be incorporated into the record via an internet link that you must provide to the committee clerk within the required timeframe, but please recognize that years from now that link may no longer work. Again, I want to thank the witnesses for their participation today. What we have heard is very, very valuable. Members of the committee may have some additional questions for you, and we ask the witnesses to please respond to those questions in writing. The hearing record will be open for 14 days in order to receive those responses. I remind my colleagues that, pursuant to committee practices, witness questions for the hearing record must be submitted to the majority committee staff or committee clerk within 7 days. The questions submitted must address the subject matter of the hearing. Before recognizing the ranking member for his closing statement, I ask unanimous consent to enter into the record the following materials: Letters from the Service Employees International Union, the Leadership Conference on Civil and Human Rights, and the International Federation of Professional and Technical Engineers in support of the Public Service Freedom to Negotiate Act of 2019, H.R. 3463; and a letter from the National Association of Police Organizations, Incorporated, in support of the Public Safety Employer-Employee Cooperation Act, H.R. 1154. I also ask unanimous consent to enter into the record a statement from Senator Mazie Hirono, who has championed the Public Service Freedom to Negotiate Act in the Senate. Without objection, so ordered. [The information referred to follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Wilson. I now recognize the distinguished ranking member for his closing statement. Mr. Walberg. I thank the gentlelady and our Chairman, and thank you for running the Committee the way you have. I appreciate that. And I thank all of the witnesses who have been here today. The panel has been valuable to us. I especially want to thank Ms. Whitaker and Captain Brewer for being here as evidences of the public sector employees that this legislation would definitely deal with. Being a son of a schoolteacher, a nephew of three schoolteachers, a father-in-law of one schoolteacher, I appreciate the work you do, Ms. Whitaker. And being the son-in-law of a firefighter, I appreciate what you do. And I appreciate the fact that, oftentimes, when we get into legislation like this or we get into votes about public sector, unionization, and benefits, we always put forward the first responders and the teachers, because that pulls the heartstrings, as it ought to, of our citizens. I am not denigrating public employees that aren't first responders or schoolteachers, but you folks are on the front lines doing things that some of us can't do or won't do, and we appreciate your efforts. The comments that have been made today, the questions and the answers that have been given have been helpful. One set of comments and indications that I heard, though, did cause me concern. We are not any other nation in the world. Can I make that clear? And I think many of us believe that. I hope all of us believe that. We are not any other Nation in the world. There is an international community. The United States of America is separate from any other nation in the world, and it ought to be. We started out as a Nation that broke away from international regulations on us that we would not accept. We fought a revolutionary war to be unique. And what was that uniqueness? Freedom. Personal liberty. We are endowed with certain unalienable rights given to us by our Creator, as the Declaration of Independence says, namely, the right to life, liberty, and the pursuit of happiness. And we are talking about liberty and the pursuit of happiness here in this discussion today. We are talking about the freedom to make choices, significant choices. I appreciate the sponsor of the bill pointing out that after the law was changed in Iowa, there has been a 95 percent recertification by people who had that choice and made that choice. I don't think anyone on this side of the aisle, regardless of what has been said by some of our friends and colleagues on the other side, a few who indicated very clearly that we oppose unions and collective bargaining. No, we don't. I was a union member and benefited from my father being a union member and helping to organize steel unions or steel mills in Chicago. My working conditions were far better than his were because of what the union did. We are not against that, but we are saying there ought to be choice, that free citizens in a free country, unique and separate from any other nation in the world that has the highest standard of living, is a manufacturing nation of the world, leads in every other way, and wants to continue. And I come from a State that still people say you have got to be kidding. Is Michigan a right-to-work State? They can't believe that, and yet it is. And Michigan has more jobs coming back now, jobs that we lost before, more security in the work force, better pay. A middle class is coming back. Great cities like Detroit that are reemerging as a result of freedom and choice. That is what we are asking for. But I also state, in this particular issue with public sector employees, it is different. I don't have tenure. I have to go to the ballot box every year. I have to recertify every year myself because I am a public servant, and public servants take on that role, whether it is in teaching and firefighting and in law enforcement or in doing the bureaucratic work that is necessary to run a system of government that meets the needs of people. But we are different. We want to make sure that our citizens, the taxpayers, are represented well and are given a chance and not simply run over by a political system that unionizes for that purpose and purpose alone and doesn't give the choice to their employees. So, Madam Chairperson, thank you for giving me the opportunity to make this statement. The differences in State government are unique and beautiful things. That is the undergirding of this great democracy, a Republican form of democracy, a constitutional democracy, but it started at the behest of the States. So to denigrate the powers of the States and the rights of the States by taking those away that they give to us as the Federal Government, not the other way around, is the wrong way to go. Let's continue to communicate to work together, but let's enforce the freedom that comes from individual States being laboratories of success or failure, but in the end, laboratories that ultimately produce better success. Thank you, and I yield back. Chairwoman Wilson. Thank you. I now recognize myself for the purpose of making my closing statement. Thank you again to all of the witnesses for your testimonies today. Today, we heard about the status of public sector collective bargaining and the legislative proposals which ensure State and local government employees can exercise this right. These bills create minimum standards for collective bargaining rights that all States must meet to secure public servants' right to collectively bargain. We heard from Ms. Whitaker how what the difference between not having a union and having one meant to her as a teacher, and how these rights are now under attack in my State of Florida. We heard from Mr. Brewer on how collective bargaining protects the safety of both our first responders and the public at large. We will stand with both of them and with all public servants to assure that they have respect and dignity on the job. I was a teacher before the United Teachers of Dade was organized in Miami, and when it was organized, oh, boy, what a difference did it make in my life and the life of my family. I had healthcare, not only for me but my family, and a great middle-class salary. We can't go back. We won't go back. And as our witnesses have made clear, Congress must pass the Public Service Freedom to Negotiate Act and the Public Safety Employer-Employee Cooperation Act to protect public servants' rights to organize and collectively bargain. Once again, I thank the witnesses for being here, thank the audience for staying through this long hearing, and I thank my colleagues for a constructive Health Subcommittee hearing. If there is no further business, without objection, the committee stands adjourned. [Questions submitted for the record and their responses follow:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [Whereupon, at 12:52 p.m., the subcommittee was adjourned.] [all]