Outten & Golden: Empowering Employees in the Workplace

House Democrats plan push to pass PRO Act strengthening workers' organizing rights

January 15th, 2020 | Laura Clawson

House Democrats are getting ready to pass another pro-worker bill in the coming weeks, Majority Leader Steny Hoyer announced Friday, tweeting that “House Democrats are proud to stand shoulder-to-shoulder with working men and women across the country. I look forward to bringing the PRO Act to the House Floor for a vote prior to the President’s Day district work period to protect the right to organize and bargain collectively.”

The PRO Act would strengthen the right to organize in several ways. It would create real penalties for employers that fire workers for exercising their National Labor Relations Act right to organize, and get those workers their jobs back much more quickly than in the current system. It would streamline the union representation election process, preventing employers from holding captive-audience meetings at which they try to intimidate workers away from union support, forcing companies to disclose the money they spend on anti-union consultants, and “If the employer breaks the law or interferes with a fair election, the PRO Act empowers the NLRB to require the employer to bargain with the union if it had the support of a majority of workers prior to the election,” the Economic Policy Institute explains.

Once workers have a union, employers often drag out and delay the process of negotiating a first contract. The PRO Act cracks down on that, pushing employers into mediation and even binding arbitration if they won’t bargain in good faith. On top of that, it “overrides so-called ‘right-to-work’ laws by establishing that employers and unions in all 50 states may agree upon a “fair share” clause requiring all workers who are covered by—and benefit from—the collective bargaining agreement to contribute a fair share fee towards the cost of bargaining and administering the agreement.” It protects the jobs of striking workers and lifts the prohibition on secondary boycotts. And it cracks down on misclassification of workers as either independent contractors or supervisors to make them ineligible for union representation.

Rep. Mark Pocan and Kenneth Rigmaiden, the president of the International Union of Painters and Allied Trades, offered an example of workers the PRO Act could help. “[D]uring a construction project in Nashville, Tenn., 120 misclassified drywall finishers were never compensated for overtime work and two weeks of work at the end of the project,” they wrote in The Hill. “The Painters Union and other labor groups are fighting back to win these workers their fair pay. The PRO Act would ensure that employers could no longer dodge wage and hour standards by misclassifying workers.”

As usual, House Democrats will do something good for working people and then Senate Majority Leader Mitch McConnell will send it to his legislative graveyard. But when Republicans claim that Democrats are too busy with impeachment to do things for the American people, remember this and so many other bills. Democrats are getting shit done. It’s just that Republicans are determined to keep working people down.

This article was originally published at Daily Kos on January 10, 2020. Reprinted with permission.

About the Author: Laura Clawson is a Daily Kos contributor at Daily Kos editor since December 2006. Full-time staff since 2011, currently assistant managing editor.

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