Benjamin Cardin on Jobs Democratic Jr Senator (MD)

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

Proponent's argument to vote Yes:

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

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

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

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

Opponent's argument to vote No:None voiced.

Voted YES on overriding presidential veto of Farm Bill.

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

This bill lacks fiscal discipline. It continues subsidies for the wealthy and increases farm bill spending by more than $20 billion, while using budget gimmicks to hide much of the increase. It is inconsistent with our trade objectives of securing greater market access for American farmers. [Hence] I must veto H.R. 6124.Proponents argument for voting YEA:We had a meeting this morning with the Secretary of Agriculture to talk about implementation. So [despite the two vetoes], the work has been going on within the department of agriculture to get ready for implementation.

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

Voted NO on terminating legal challenges to English-only job rules.

SUPPORTER'S ARGUMENT FOR VOTING YES:Sen. ALEXANDER: Let me begin with this story. In March 2007, the Equal Employment Opportunity Commission sued the Salvation Army for allegedly discriminating against two employees in a Boston area thrift store. What had the Salvation Army done to earn this lawsuit from the Federal Government? Well, it had required its employees to speak English on the job. The English rule was clearly posted, and the employees were given a year to learn it. But this lawsuit means that a small business in Missouri would have to hire a lawyer in order to make sure they have a clear business reason to require their employees to speak our common language on the job.

So I have an amendment to bring some common sense to this subject. It would be to take $670,000 used by the EEOC, which it is using to bring actions against employers who require their employees to speak English.OPPONENT'S ARGUMENT FOR VOTING NO:Sen. KENNEDY: Let's look at what the law is and what the Alexander amendment provides. The law currently says that if there is a need to speak English on the job, fine; employers can require that. But employers cannot use English-only rules as an excuse when they want to fire minorities who are performing the job correctly. In this fact situation, those employees had performed the job correctly for 5 years.

In addition, this amendment reduces the EEOC's ability to fight all forms of discrimination because it cuts the entire budget. That means race, age, religion, and disability cases will be harmed. I hope the amendment will be defeated.LEGISLATIVE OUTCOME:Amendment passed, 54-44

Voted YES on limiting farm subsidies to people earning under $750,000.

Proponents support voting YES because:

Sen. KLOBUCHAR: The focus of this amendment is to make sure the subsidy and the safety net in the farm bill go to the people whom it will most help; that is, family farmers. The top 20 business recipients in the country have each gotten more than $3 million under this farm bill. Under the current system, a part-time farmer can have an income as high as $2.5 million from outside sources and still qualify for Federal farm benefits. I do not believe we should be handing out payments to multimillionaires, when these payments should be targeted to family farmers. This amendment places reasonable limits on the incomes of those who receive farm payments: If you are a full-time farmer, you can get the subsidies as long as your income does not exceed $750,000. If you are a part-time farmer or farm investor, you can participate in farm programs if your income does not exceed $250,000.

Opponents recommend voting NO because:

Sen. CHAMBLISS: I am disheartened that farm program critics continue to try to lead us into believing that there is a vast army receiving benefits to which they are not entitled. Stories about people receiving program benefits continue to make the headlines. But most of the people I know in these situations don't consider themselves wealthy. This debate is not about wealthy landowners and millionaires receiving program benefits. It is really about farmers in general, regardless of their economic situation, receiving program benefits. A few short months ago the debate was about making payments to millionaires and now we are at $750,000 and people want to go even further. This amendment is actually an assault on everyday farmers; but is disguised as an assault on wealthy landowners and millionaires.

Voted YES on restricting employer interference in union organizing.

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

Proponents support voting YES because:

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

Opponents support voting NO because:

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

Let's be clear. Every American has the right to organize. No one is debating that. This is a right we believe in so strongly we have codified it and made it possible for workers to do so through a secret ballot.
Status: Cloture rejected Cloture vote rejected, 51-48 (3/5ths required)

Reference: Employee Free Choice Act; Bill H R 800 ; vote number 2007-227 on Jun 26, 2007

Voted YES on increasing minimum wage to $7.25.

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

Proponents support voting YES because:

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

Opponents support voting NO because:

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

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

Reference: Fair Minimum Wage Act; Bill H.R.2 ; vote number 2007-042 on Feb 1, 2007

Voted NO on end offshore tax havens and promote small business.

American Jobs Creation Act of 2004: <0l>
1. Repeal the tax exclusion for extraterritorial income - Permits foreign corporations to revoke elections to be treated as U.S. corporations Business Tax Incentives - Small Business ExpensingTax Relief for Agriculture and Small Manufacturers
2. Tax Reform and Simplification for United States Businesses
3. Deduction of State and Local General Sales Taxes
4. Fair and Equitable Tobacco Reform
5. Provisions to Reduce Tax Avoidance Through Individual and Corporation Expatriation

Voted NO on $167B over 10 years for farm price supports.

Voted NO on zero-funding OSHA's Ergonomics Rules instead of $4.5B.

Rated 87% by the AFL-CIO, indicating a pro-union voting record.

As the federation of America’s unions, the AFL-CIO includes more than 13 million of America’s workers in 60 member unions working in virtually every part of the economy. The mission of the AFL-CIO is to improve the lives of working families to bring economic justice to the workplace and social justice to our nation. To accomplish this mission we will build and change the American labor movement.

The following ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.

Allow an Air Traffic Controller's Union.

OFFICIAL CONGRESSIONAL SUMMARY: Federal Aviation Administration Fair Labor Management Dispute Resolution Act of 2006: Prohibits the FAA from implementing any proposed change to the FAA personnel management system in cases where the services of the Federal Mediation and Conciliation Service do not lead to an agreement between the Administrator and FAA employees, unless Congress authorizes the change during the 60-day period. Requires binding arbitration if Congress does not enact a bill into law within the 60-day period.

SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: Because what air traffic controllers do is vital to our safety, I became very concerned by a letter I received from Illinois air traffic controller Michael Hannigan. He wrote that "the air traffic controllers are not being allowed to negotiate in good faith with the FAA."

What was clear in Michael's plea was the sense that he and his colleagues felt that they were being treated unfairly. I looked into it and came to the conclusion that if we did not restore a fair negotiation procedure, it would threaten agency morale and effectiveness.

The problem is this: the FAA Administrator currently has the extraordinary authority to impose wages and working conditions on her workers without arbitration. In order to do that, she merely has to declare an impasse in negotiations and if Congress does not stop her from imposing her terms and conditions within 60 days, the Administrator can go ahead and act unilaterally. That authority denies air traffic controllers and all other FAA employees the opportunity to engage in and conclude negotiations in good faith.

It is in the best interest of the agency and public safety to have management and labor cooperate in contract negotiations.

EXCERPTS OF BILL:

LEGISLATIVE OUTCOME:Referred to Senate Committee on Commerce, Science, and Transportation; never came to a vote.

Form unions by card-check instead of secret ballot.

Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.

Requires that priority be given to any charge that, while employees were seeking representation by a labor organization, an employer:
1. discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization;
2. threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or
3. engaged in any unfair labor practice that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights. Source: Employee Free Choice Act 09-HR1409 on Mar 10, 2009

   Raise the minimum wage to $10.10 per hour by 2016.

   Cardin co-sponsored Minimum Wage Fairness Act

   Congressional summary: Increases the federal minimum wage for employees to:

   1. $8.20 an hour beginning 6 months after enactment
   2. $9.15 an hour beginning 1 year later,
   3. $10.10 an hour beginning 2 years later, and
   4. an amount determined by increases in the Consumer Price Index, beginning annually after 3 years.
   • Increases the federal minimum wage for tipped employees to $3.00 an hour beginning 6 months after enactment, with annual CPI adjustments.

   Proponent's argument in favor (RaiseTheMinimumWage.com): The federal minimum wage of $7.25 per hour remains decades out of date, and the federal minimum wage for tipped workers--$2.13 per hour--has not increased in over 20 years. The minimum wage of the past provided significantly more buying power than it does today. The minimum wage of $1.60 an hour in 1968 would be $10.56 today when adjusted for inflation.

   Opponent's argument against: (Neil King in Wall Street Journal, Feb. 24, 2014): The CBO concluded that a jump in the minimum wage to $10.10 an hour could eliminate 500,000 jobs. For Republicans, the report provided ammunition that a higher minimum wage would kill jobs. Democrats pointed to the CBO's findings that the higher wage would lift 900,000 people out of poverty. But both sides missed a key finding: That a smaller hike from the current $7.25 to $9.00 an hour would cause almost no pain, and still lift 300,000 people out of poverty while raising the incomes of 7.6 million people.

   Congressional Budget Office report: Once fully implemented, the $10.10 option would reduce total employment by about 500,000 workers, or 0.3%. Some people earning slightly more than $10.10 would also have higher earnings, due to the heightened demand for goods and services. The increased earnings for low-wage workers would total $31 billion. Accounting for all increases and decreases, overall real income would rise by $2 billion.

   Source: S.1737 & H.R.1010 14-S1737 on Nov 19, 2013

   Let Senate cafeteria workers organize their own union.

   Cardin signed unionizing Senate cafeteria workers

   Excerpts from Letter from 31 Senators to the Compass Group: Senate cafeteria workers are currently pushing for a union through the majority sign up process, but their employer, the Compass Group, has resisted the drive, even after the NLRB upheld charges against the company regarding discriminatory behavior. Although the Compass Group promised the NRLB they would end further unlawful intimidation, the Compass Group has discouraged their organizing campaign.

   We request there that the Compass Group commit to reaching an agreement with the union seeking to organize these workers, and recognize the union as the worker's exclusive bargaining representative on the basis of majority representation of signed authorization cards.

   OnTheIssues explanation: At issue is how the workers would unionize: the controversial aspect is the "majority of authorization cards," known as "card-check," which makes unionization much more likely.

   Opposing argument: (Cato Institute, "Labor's Day is Over," Sep. 6/2009): Card-check would effectively abolish the secret ballot in workplace elections for union representation. It would also require employers to submit to binding government arbitration if they cannot reach an agreement with union representatives, forcing companies to submit to contracts that may imperil their very survival.

   Opposing freedom argument: (Heritage Foundation, "Card Checks Block Free Choice," Feb. 21, 2007): Union activists argue that publicly signing a union membership card in the presence of union organizers, known as card-check organizing, is the only way that workers can freely choose to unionize. However, with card checks, union organizers know who has and has not signed up to join the union. This allows them to repeatedly approach and pressure reluctant workers. With this technique, a worker's decision to join the union is binding, while a decision to opt out only means "not this time."

   Source: Letter to Compass Group 15LTR-COM on Nov 13, 2015

   Ban discriminatory compensation; allow 2 years to sue.

   Cardin signed Lilly Ledbetter Fair Pay Act
   Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when:
   1. a discriminatory compensation decision or other practice is adopted;
   2. an individual becomes subject to the decision or practice; or
   3. an individual is affected by application of the decision or practice, including each time wages, benefits, or other compensation is paid.
   Allows an aggrieved person to obtain relief, including recovery of back pay, for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to practices that occurred outside the time for filing a charge. Applies the preceding provisions to claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

   [Note: A woman named Lilly Ledbetter filed a lawsuit for gender-based discriminatory compensation. The Supreme Court ruled that Ms. Ledbetter could only sue for damages going back 180 days, and the 180 days was calculated from the time her employment contract was initiated, i.e., her hire date. This new law changes the 180-day period to two years, and also calculates the date from the time of each paycheck, rather than the hire date. -- Ed.]

   Source: S.181&H.R.11 2009-S181 on Jan 29, 2009

   Stronger enforcement against gender-based pay discrimination.

   Cardin signed Paycheck Fairness Act
   A bill to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex.
   • Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience.
   • Prohibits employer retaliation for inquiring about, discussing, or disclosing the wages of the employee in response to a sex discrimination investigation.
   • Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or punitive damages.
   • States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent.
   Source: S.182&H.R.12 2009-S182 on Jan 8, 2009

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