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March 15, 2021

Tell U.S. Senators To Oppose The PRO Act

On March 9, the U.S. House of Representatives passed H.R. 842, the Protecting the Right to Organize (PRO) Act by a vote of 225 to 206.

This broad-ranging legislation would significantly alter labor and employment policy and the relationship between employees and employers. MSCI opposes the bill and asks that its members use this portal to send a message to U.S. senators asking that they vote against the PRO Act if it comes before the upper chamber of Congress for a vote.

The Coalition for a Democratic Workplace has assembled a grassroots toolkit that includes a fact sheet on the bill, a video explaining the provisions of the legislation, and sample letter to send to members of Congress.

As Employment Law Watch has explained, the legislation includes provisions to:

  • Codify the “ABC test,” a move that would result in most independent contractors being deemed “employees” and therefore being covered by the National Labor Relations Act (NLRA);
  • Redefine the definition of “supervisor” to make it narrower and make more individuals “employees” under the NLRA;
  • Give employees the right to use employer-provided electronic systems like e-mail and computers to organize and engage in organizing activity;
  • Prohibit mandatory arbitration agreements and class action waivers;
  • Impose financial penalties against employers who interfere with employees’ organizing efforts;
  • Require mediation in initial contract negotiations if agreement is not reached within 90 days;
  • Change the definition of “joint employer” by making it easier for two entities to be considered joint employers under the NLRA;
  • Permit workers to engage in secondary boycotts and prevent employers from permanently replacing strikers;
  • Prohibit employers from requiring that employees attend meetings regarding the employer’s views on unionization; and
  • Codify the Obama-era “persuader rule,” whereby employers must report payments for labor relations advice and services they receive from attorneys.

The White House issued a Statement of Administration Policy in support of this bill. The PRO Act now moves onto the Senate where it already has 44 cosponsors.

As Connecting the Dots previously reported, MSCI signed letters organized by the CDW and the National Association of Manufacturers (NAM) opposing the legislation. NAM also has assembled a fact sheet and grassroots materials to help organizations that want to speak out against the PRO Act. Click here to review similar information from the U.S. Chamber of Commerce (USCC) and here to watch a television ad from USCC that discusses the PRO Act.