Skip to main content

What To Expect: Alexander Acosta's Confirmation Hearing for Labor Secretary Set for Today


Today is the day that President Donald Trump's nominee for Labor Secretary, Alexander Acosta, is set to have his confirmation hearing before the Senate Committee on Health, Education, Labor and Pensions ("HELP").  

With that being said, some readers might not know what to expect with today's confirmation hearing (and where things go from here after the confirmation hearing is over).  For the sake of brevity and without going too in depth into the "legalese" of the legislative process, here is what readers can expect to see play out.


HELP Committee Hearing

At the HELP Committee hearing, the twenty three members of the Committee will have the opportunity to individually question Acosta.  There is usually only one round of questioning and each member of the Committee is traditionally allowed about five minutes each to question the nominee.  The questions can range from asking a nominee about their stance on a particular issue that is relevant to the position, bringing up past statements/indiscretions/etc in an attempt to discredit the nominee and put them on the hot seat, or several other areas of inquiry.

The HELP Committee has 12 Republican Senators and 11 Democratic Senators, including many high profile members of Congress such as Republican Senators Susan Collins, Orrin Hatch, Rand Paul, and Tim Scott & Democratic Senators Bernie Sanders, Al Franken, Elizabeth Warren, and Tim Kaine.  While some of the Senators will likely ask rather pointed and confrontational questions of the nominee, the more well prepared nominees will have practiced answering these questions (or giving non-answers and skirting the issue) so as to avoid having their confirmation hearing become fodder for the evening news.

As well, supporters and opponents of Acosta will be able to testify before the Committee, normally after Acosta is done testifying.  I would expect several colleagues (perhaps from his time at the NLRB?) to potentially testify in support of Acosta as well as possibly some of the 70 business groups which announced their support of his nomination this past Monday.  On the other hand, I would expect some hourly workers and big labor supporters would be eager to testify against the nomination (as they have alleged that Acosta would not have the best interest of the American worker in mind, should he become the next Labor Secretary).

However, at this point, some big labor groups such as the AFL-CIO, the International Union of Operating Engineers, the Laborers' International Union of North America, and the International Association of Fire Fighters have announced their support for his nomination (or at the very least, indicated they believe his background warrants giving his nomination serious consideration)...so it is quite possible that there will be limited resistance to his nomination at the confirmation hearing.  With that being said, this confirmation hearing will likely be less confrontational than the prior nominee, Andy Puzder, would have likely experienced.


HELP Committee Votes

Once the Committee hearing closes, a vote will be taken among these Senators on the Committee in regard to whether to recommend the nominee to the full Senate or not.  According to Senator Lamar Alexander (Chairman of the HELP Committee) and his Congressional office, the Committee is expected to vote on the nomination next week.


Next Stop:  The Senate

Assuming these Senators vote to send the nomination to the full Senate (which I expect to happen), additional debate would then occur on the Senate floor  This debate can be cut off by a vote, however.  At that point, a simply majority vote would be needed to confirm Acosta as the next Labor Secretary.  Given that Acosta has already been confirmed by the Senate a few times before (for other positions), I do not think there should be much issue getting confirmed for Labor Secretary.

However, if some Republicans jump ship, that could either sink his chances entirely or require that Vice President Mike Pence cast the tie breaking vote (as was done with President Trump's nominee for Education Secretary, Betsy DeVos, when the Senate deadlocked at a 50 - 50 vote and Vice President Pence cast the tie breaking vote to confirm the nominee).

Stay tuned.

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum, it was noted that emplo
Post a Comment
Read more

What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa
Post a Comment
Read more

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per
Post a Comment
Read more