On March 8, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing on workers’ right to unionize and employers’ “illegal corporate union busting.”

The following statement can be attributed to CDW Chair Kristen Swearingen:

“This hearing was a clear display of how Senator Sanders views the world. Employers are evil, and unions are the world’s saviors. What Sanders does not mention is that unions are promoting legislation that would infringe on workers’ rights to refrain from joining unions, eliminate secret ballot elections, and allow unions to harass and intimidate workers who do not support unionization.

“Sanders used the hearing to lambast employers for having unfair labor practice charges filed against them but forgets to mention that these are only allegations that have not been fully adjudicated. He forgets to mention that unions use ULP charges to force employers to cave to their demands. He forgets to condemn the unions that commit ULPs as well, including the Teamsters, and he forgets to mention that he himself faced seven ULP charges during his 2020 Presidential Election campaign, including for  retaliating against and interrogating workers who wanted to unionize. Those charges were only dismissed by the NLRB General Counsel because they raised ‘serious First Amendment considerations.’

“The First Amendment is vital in this debate, but it’s another element Senator Sanders fails to acknowledge. Employers have free speech rights that are protected by the Constitution, National Labor Relations Act, and Supreme Court precedent. Simply disliking the fact that employers get an opportunity to discuss unionization with their workers does not make it illegal for employers to do so. Employers have the right to hold meetings with their workers and discuss how unionization will impact them and the business. This right is not up for debate, no matter how many times Senator Sanders and his union cronies question it.

“The PRO Act is radical legislation that does not protect workers. It merely tips the scales of federal labor law dramatically in the direction of unions – largely at the expense of workers, employers, and the economy. Congress should reject the PRO Act and the narrative Senator Sanders is promoting.”