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Unionization in Congress

Daniel Schuman edited this page May 18, 2022 · 52 revisions

Recent news and resources on congressional unionization

Hearings, Markups, and Floor Proceedings Concerning Unionization

Congressional Unionization Legislation and Regulations

  • Congressional Accountability Act -- P.L. 104-1 (Jan. 23, 1995); codified at 2 USC Chapter 24
  • Section 220(d) of P.L. 104-1 concerns unionization for legislative support agency staff (i.e., not personal, committee, leadership, and some inside the House or Senate).
  • Section 220(e) of P.L. 104-1 concerns unionization for congressional staff (i.e., personal, committee, leadership, and some support office staff)
  • The Concurrent resolution, H. Con Res. 207 (Sept. 28, 1996), adopting regulations of the Office of Compliance with respect to Section 220(d) staff).
  • H.Res 1096adopts regulations of the Office of Congressional Workplace Rights with respect to Section 220(e) staff in the House of Representatives. No comparable resolution has been adopted in the Senate or concerning shared staff. As shown below, the Office of Compliance did go through a rulemaking process to recommend to Congress that the regulations that apply to section 220(d) staff can be applied to section 220(e) staff.
  • Here are the OOC's Collective Bargaining and Unionization Final Regulations, adopted by the Board of Director and approved by Congress in 1996.

Office of Compliance Rules of Procedure

Section 220(d) Office of Compliance Rulemaking Process (support agency staff)

Section 220(e) Office of Compliance Rulemaking Process (personal, committee, leadership, and some House and Senate staff)

Based on its analysis of the foregoing, on the present rulemaking record, the Board has determined that: Under the terms of the CAA, the requirements and exemptions of chapter 71 shall apply to covered employees who are employed in section 220(e)(2) offices in the same manner and to the same extent as those requirements and exemptions are applied to covered employees in all other employing offices; No additional exclusions from coverage of any covered employees of section 220(e) offices because of (i) a conflict of interest or appearance of conflict of interest or (ii) Congress’ constitutional responsibilities are required; and In accord with section 220(e)(2)(H) of the CAA, eight additional offices beyond those identified in the Board’s NPR perform ‘‘comparable functions’’ to those offices identified in section 220(e)(2). The Board is adopting final regulations that effectuate these conclusions.

Implementation of a resolution to adopt regulations

The Office of Compliance stated the following with respect to how the House or Senate, acting individually or jointly, may approve regulations adopted by the Office of Compliance.

The Board received no comments on the method of approval for these regulations.Therefore, the Board continues to recommend that (1) the version of the regulations that shall apply to the Senate and employees of the Senate should be approved by the Senate by resolution; (2) the version of the regulations that shall apply to the House of Representatives and employees of the House of Representatives should be approved by the House of Representatives by resolution; and (3) the version of the regulations that apply to other covered employees and employing offices should be approved by concurrent resolution.

Office of Compliance

Scholarship

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Comments on Unionization Rulemaking

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