Democrats Push Union-Sympathizing PRO Act
In late February, Rep. Bobby Scott (D-VA-03), Ranking Member of the House Committee on Education and the Workforce and Rep. Brian Fitzpatrick (R-PA-01) introduced the Richard L. Trumka Protecting the Right to Organize (PRO) Act of 2023, legislation described by the sponsors as a comprehensive proposal to protect workers’ right to collectively bargain for higher wages, improved benefits, and safer workplaces.
Senate companion legislation was introduced by Senator Bernie Sanders (I-VT), Chair of the Senate Committee on Health, Education, Labor, and Pensions (HELP).
Key provisions within the legislation include:
Revisions to the definitions of 'employee,' 'supervisor,' and 'employer' to broaden the scope of individuals covered by the Fair Labor Standards;
Permission for labor organizations to encourage the participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes);
A prohibition on employers bringing claims against unions that conduct secondary strikes;
Permission for collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation;
An expansion of the scope of unfair labor practices to include prohibitions against replacement of - or discrimination against - workers who participate in strikes;
Requiring or coercing employees to attend employer meetings designed to discourage union membership being considered an unfair labor practice;
A prohibition on employers entering into agreements with employees under which employees waive the right to pursue a joint collective or class-action litigation;
A prohibition on employers taking adverse actions against whistleblowers; and more.
The Senate HELP Committee held a hearing on March 8, 2023 to discuss the PRO Act's reintroduction and hear testimony from key witnesses. On March 29, the Committee held another hearing - this time inviting former Starbucks CEO Howard Schultz to testify on alleged labor-related improprieties conducted by Starbucks against its workforce. During the hearing, Republican Senator Mike Braun (R-IN) said of the PRO Act, "I'm probably the most outspoken Republican on the benefit of unions. But you got to be careful where they go. If they're going into the gig economy, into the independent contractors, which is the next chapter on some of this, that will stifle entrepreneurialism. When you look at -- if you are large, you shouldn't necessarily be held to account unless there are things that you're doing to impede the law in terms of unionizing. You've already made that point that you don't think you've been doing it."
The House Committee on Education and the Workforce is staunchly divided on this matter with Chairwoman Virginia Foxx (R-NC-05) and the Committee's Republican majority on the record saying, “Workers’ disenchantment with union representation has created a real crisis for union bosses. But instead of increasing transparency and accountability to serve their members better, union leaders are exerting their political influence to demand radical national labor laws that would allow them to consolidate power, coerce workers, line their own pockets, and bolster their own political agendas.”
Several other labor-related stakeholders have come out against the legislation, too. The U.S. Chamber of Commerce dubs the PRO Act “a litany of almost every failed idea from the past 30 years of labor policy. Additionally, the Associated Builders and Contractors notes that “Reintroduction of the PRO Act means some lawmakers are catering to union demands for legislation that clearly threatens the livelihoods of small business owners, their employees, and independent contractors.”
While the PRO Act is bipartisan within the House Education & Workforce Committee and is likely to pass in the Senate, the real test will be if it can pass the full House chamber. Republicans have a slight majority, but Democrats would only need six Republicans on their side for the legislation to pass.
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