Yesterday, Mr. McHugh attended the Northeast Labor Council Legislative Breakfast to bask in their adoration of his vote on HR 800 the Employee Free Choice Act. As noted previously, this affirmative vote came only after trying to frustrate its passage by voting against Ordering the Previous Question.

It is also instructive to note the same duplicitous strategy in 1993 when he voted during his first term in the 103rd congress for HR 5 the CESAR CHAVEZ WORKPLACE FAIRNESS ACT which banned the retention of replacement workers hired during a strike. He was one of 195 cosponsors to a bill written by William Clay of Missouri. It would have amended the National Labor Relations Act 29 USC 158(a).

In the run up to considering the actual bill, he voted against the rule that provided for its consideration. This is a key parliamentary maneuver that attempts to take control of the debate away from those sponsoring the bill and substituting their own measure. From Deschler’s Procedure in the U.S. House of Representatives:

Upon rejection of the motion for the previous question on a resolution reported from the Committee on Rules, control shifts to the Member leading the opposition to the previous question, who may offer a proper amendment or motion and who controls the time for debate thereon.

In fact the Republican opposition had a bill at the ready (sponsored by Tom Ridge) and tried to offer it as a substitute. It would have gutted the intents of HR 5. Had the Republicans defeated the rule, they would have controlled the debate such that only their substitute amendment could be considered.

While the Rule’s debate is suppose to be on the procedure to consider the bill, it always turns out to be on the bill the itself. Here you can get a flavor the “debate” on the Rule (H Res 195) from the Congressional Record. Joe MOAKLEY (D Mass) and David DREIER (R Calif) are managing the debate and yielding the floor to other members. It is clear that this debate is about the Worker Replacement Bill and not the Rule resolution. The key is this: A vote against the Rule is a vote against the bill itself. Yes – predictably he voted against it. In essence, flying under the radar of arcane parliamentary procedure he tried to defeat a bill that he had even co-sponsored. He learned this trick very early in his congressional career: in his first term.

While both HR 5: Cesar Chavez Workplace Fairness Act 1993 and HR 800: Employee Free Choice Act 2007 are centerpieces of organized labor’s agenda, it should be noted that HR 5 died in the Senate as will HR 800. It’s a risk free vote for a Republican congressman – these bills never did nor will they become law even George Bush not withstanding. That’s how the pros do it, and he IS a matchless professional politician.

The question is, when will organized labor see through this charade?