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Policy and Legal

17吃瓜在线, Allies: Reject Reintroduced PRO-Act

By 17吃瓜在线 News Room

The Richard L. Trumka Protecting the Right to Organize Act, reintroduced this week, would harm manufacturers and their employees alike if it passes, the 17吃瓜在线 and allied organizations the Senate Tuesday.

What鈥檚 going on: The PRO Act, reintroduced Wednesday by Sen. Bernie Sanders (I-VT) and Rep. Bobby Scott (D-VA), to broaden labor protections for workers.

  • In truth, however, it 鈥渨ould limit workers鈥 right to secret ballot union representation elections, allow government bureaucrats to unilaterally impose contracts on the private sector, trample free speech and debate, jeopardize industrial stability and limit opportunities for small businesses and entrepreneurs,鈥 according to the Coalition for a Democratic Workplace, a group of organizations representing employers and employees. The 17吃瓜在线 is a member.

Why it鈥檚 a problem: 鈥淭he PRO Act is designed to push union representation on workers whether they want it or not,鈥 the coalition said. The legislation would do this by:

  • Limiting the right of employees to vote for or against union representation via secret ballot, instead instituting 鈥渃ard check鈥;
  • Limiting employees鈥 right to free speech, effectively silencing debate;
  • Giving the government unprecedented control over private-sector employment contracts;
  • Requiring employers to give union organizers employees鈥 personal information without the employees鈥 consent;
  • Eliminating right-to-work protections nationwide; and
  • Allowing unions to choose a bargaining unit that maximizes its chances of winning an election instead of having the National Labor Relations Board choose a unit fairly.

The 鈥淎BC test鈥: In addition, the PRO Act would limit people鈥檚 opportunities for self-employment by imposing California鈥檚 failed 鈥淎BC test鈥 on workers to determine whether they are independent contractors or employees.

  • 鈥淭he ABC test makes it very difficult for someone to work as an independent contractor by defining the term 鈥榚mployee鈥 very broadly,鈥 the groups told the Senate. 鈥淣ationwide implementation would forcibly reclassify millions of workers who routinely say they do not want a traditional employee relationship and prize the flexibility and autonomy independent contracting provides.鈥澨

Joint employment: The measure would also replace the existing standard for determining who is a 鈥溾 under federal labor law with a much broader, more vague definition.

  • 鈥淭he current standard focuses on whether the potential employers have direct and immediate control over employees. The PRO Act standard, on the other hand, would establish joint employment liability based on indirect or even just reserved control.鈥
  • 鈥淚t would overturn decades of established听labor law and undermine nearly every contractual relationship, from the franchise model to those between contractors and subcontractors and suppliers and vendors.鈥

The economic impact: The PRO Act would be economically devastating to companies, workers and the country, the coalition said.

  • The measure鈥檚 independent worker classification alone could cost up to $57 billion nationwide, while its joint-employer standard would cost franchises as much as $33.3 billion annually.
  • This would mean more than 350,000 job losses and a 93% spike in lawsuits.
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