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Senate Proceeding on Sep 23rd, 2010 :: 2:02:25 to 2:06:00
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Benjamin L. Cardin

2:02:12 to 2:02:32( Edit History Discussion )

Benjamin L. Cardin: quorum call: a senator: madam president? the presiding officer: the senator from maryland. mr. cardin: madam president, i ask unanimous consent that the quorum call be dispensed with. the presiding officer: without objection. mr. cardin: madam president, thank you very much. i want to thank senator harkin for his leadership on this in opposing the senate joint

Benjamin L. Cardin

2:02:25 to 2:06:00( Edit History Discussion )
Speech By: Benjamin L. Cardin

Benjamin L. Cardin

2:02:33 to 2:02:54( Edit History Discussion )

Benjamin L. Cardin: resolution 30. i join him in urging my colleagues to -- to oppose the resolution. the national mediation board is -- is an important entity and they have the responsibility to oversee labor management relations in the rail and aviation industry. on may 11th of this year they

Benjamin L. Cardin

2:02:55 to 2:03:15( Edit History Discussion )

Benjamin L. Cardin: issued a final rule that allowed a majority of voting employees -- a rule that allows a majority of the voting employees to determine the outcome of union representation elections. now, i don't understand the controversy here. i thought that we all agreed

Benjamin L. Cardin

2:03:16 to 2:03:36( Edit History Discussion )

Benjamin L. Cardin: that majority rules as far as what should happen. the -- the rule makes common sense. let me explain the problem. i know it's been said on the floor before. but prior to this regulation if a person did not vote, show up

Benjamin L. Cardin

2:03:37 to 2:03:57( Edit History Discussion )

Benjamin L. Cardin: and did not sew, it was kowtd -- vote, it was counted as a negative. suppose we conducted our election that's way. suppose we say if a majority of people don't show up to vote, you don't have an election. i mean, it makes sense that we count the votes that are cast. we don't know who -- who doesn't vote how they would vote.

Benjamin L. Cardin

2:03:58 to 2:04:18( Edit History Discussion )

Benjamin L. Cardin: and to say that that's a negative defies the democratic system that we hold so dear in -- in this -- in this country. so nonparticipating voters were counted as no votes. this makes it clear that that will no longer be the case.

Benjamin L. Cardin

2:04:19 to 2:04:40( Edit History Discussion )

Benjamin L. Cardin: opponents argue that the board does not have the authority to change the rule. that's not true also. the railway labor act is the n.m.b., discretion of conducting union elections and procedures is not outlined in the statute. u.s. supreme court and u.s. district court decisions have confirmed that authority. so they have that authority.

Benjamin L. Cardin

2:04:41 to 2:05:02( Edit History Discussion )

Benjamin L. Cardin: and then the opponents say, well, this rule is really about employees' free choice, an issue that has some controversy among some of my members much but this rule is that's not true. this deals with areas where we already have union representation. so i was proud to j 38 of my senate colleagues in signing a

Benjamin L. Cardin

2:05:03 to 2:05:23( Edit History Discussion )

Benjamin L. Cardin: letter in december 2009 encouraging the national mediation board to change its outdated union election procedures. and that's exactly what they have done. the old procedure is not used in any other union election. it does not follow democratic norm for elections that all americans value and respect the old procedure doesn't even make

Benjamin L. Cardin

2:05:24 to 2:05:45( Edit History Discussion )

Benjamin L. Cardin: any sense. so i would urge my colleagues to oppose senate joint resolution 30. to me this is a matter of just basic fairness. it's a matter of what the values of our nation is all about. those who participate get a right to decide.

Benjamin L. Cardin

2:05:46 to 2:06:00( Edit History Discussion )

Benjamin L. Cardin: you can't participate by not participating and that's what the rule makes clear that we'll count the votes that are cast, but we're not going to count those votes that are not cast. and i would urge my colleagues to oppose the resolution. with that, madam president, i

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