Washington, D.C. – On March 24, CDW sent a letter to members of Congress calling for the rejection of the Protecting the Right to Organize (“PRO”) Act (H.R. 20, S. 567). The bill would “limit workers’ right to secret ballot elections, trample free speech and debate, jeopardize industrial stability, threaten vital supply chains, limit opportunities for small businesses and entrepreneurs, cost millions of American jobs, and greatly hinder the economy,” among other things.
The following statement can be attributed to CDW Chair Kristen Swearingen:
“The PRO Act is a radical bill that will have devastating consequences for the economy and infringe on the rights of workers and employers alike. It attempts to eliminate independent work arrangements that workers love, threatens the franchise business model that has made millions of people small business owners, and allows unions to strike against neutral businesses to cause a maximum amount of economic damage.
“Meanwhile, the bill limits the right of workers to keep their votes on unionization secret, violates workers’ privacy by giving away their personal information without their consent, disenfranchises workers from voting on union representation, forces workers to hand over their pay checks to unions they may not agree with, and violates employers’ free speech rights.
“Voters have clearly shown that they do not support the provisions on this bill. They see the PRO Act for what it is – a wishlist of radical policies designed to tip the scales in favor of unions at the expense of workers, employers, and the economy. Congress should reject this radical legislation and protect the rights of America’s workers, small businesses, and consumers.”
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.”
Washington, DC – Today, House and Senate Democrats announced plans to reintroduce on February 28 the Protecting the Right to Organize (PRO) Act, a bill that would limit employees’ right to secret ballots, greatly diminished opportunities for those who operate or wish to operate a franchise business, and completely eliminate many pathways to self employment and opportunities for gig work.
The following statement can be attributed to Coalition for a Democratic Workplace Chair Kristen Swearingen:
“The PRO Act is a naked attempt to increase union membership at the expense of employees’ rights to privacy and association, employers’ constitutional right to free speech and opportunities for small businesses. We are disappointed members of Congress are willing to cater to union demands for legislation that clearly threatens the livelihoods of small business owners and is an open attack on the franchise and self employment business models that have fueled innovation, entrepreneurship, and job creation.
“Simply put, the PRO Act would be a disaster. Congress should immediately reject this legislation and protect the rights of workers and employers across the nation.”
Washington, DC – Recent reports have indicated that labor organizations are once again demanding the Senate pass the woefully misguided Protecting the Right to Organize (PRO) Act (H.R. 842, S. 420).
The following statement can be attributed to CDW Chair Kristen Swearingen:
“The PRO Act is a wishlist of radical labor policies that would upend federal labor law, abandon the government’s responsibility to remain neutral in labor-management relations, and do significant damage to the economy. It would infringe on the rights of workers and employers alike and would cost millions of American jobs, threaten vital supply chains already struggling to recover from the COVID-19 pandemic, and diminish opportunities for entrepreneurs and small business owners.
“The bill tries to increase union density and union leverage at the bargaining table at any cost. The Board is completely ignoring the negative impacts this rulemaking could have on workers, businesses, and the economy. For example, an American Action Forum study found the bill’s independent contractor provision could cost up to $57 billion nationwide, and the joint-employer changes would cost franchises up to $33.3 billion a year, lead to over 350,000 job losses, and increase lawsuits by 93%.
“Voters too recognize that this bill is a disaster. A national survey conducted by Forbes Tate found the following opposition to major provisions within the PRO Act:
“The PRO Act would be a disaster for employees, employers, and the economy. At a time of soaring inflation, signs of a pending recession, supply chain disruptions, and severe workforce shortages, Congress should focus instead on finding ways to alleviate some of the economic pain Americans are feeling nationwide.”
Washington, DC – On September 12, CDW sent a letter to the House Education and Labor Committee expressing serious concerns with the Protecting the Right to Organize (PRO) Act and recent activity and policies pursued by the National Labor Relations Board (NLRB) and its General Counsel, Jennifer Abruzzo.
The following statement can be attributed to CDW Chair Kristen Swearingen:
“Economic analyses have proven that the PRO Act would have devastating consequences for the economy. It would cause economic upheaval at a time when our economy is still struggling with recovering from the COVID-19 pandemic. Inflation is rising, fears of a recession are top of mind, supply chains continue to lag behind demand, and workforce shortages are limiting economic growth. Particularly concerning at this moment in time is the PRO Act’s provision removing the 70-year ban on secondary strikes. As seen by the recently threatened rail strike, this provision alone could shut down the country’s supply chain. Surveys have also shown that the PRO Act is not supported by the public. Congress should abandon the PRO Act and work towards helping the economy get back on track.
“At the same time as Congress pursues this misguided legislation, the NLRB and General Counsel Abruzzo are attempting to rewrite labor law to force unions on workers whether they want one or not. They are trying to eliminate secret ballots in union representation elections and wipe out employers’ First Amendment rights during union organizing campaigns. They are putting employers in an impossible position by forcing them to tolerate discriminatory behavior in the workplace despite the clear violation of federal anti-discrimination laws that such tolerance would require. The Board is pursuing a new joint-employer standard that would destroy small and local businesses. This NLRB and General Counsel Abruzzo are pursuing radical policies without any consideration for the damaging effects they will cause for the regulated community.
“And now, there are allegations that NLRB staff are colluding with labor unions in representation elections and unfair labor practices cases against specific employers. This is simply beyond the pale. The NLRB is supposed to be a neutral arbiter of the law, and instead, staffers are tilting the balance in favor of their preferred side.
“Congress should demand the NLRB and General Counsel Abruzzo stop rewriting labor law to impose their own beliefs on the nation’s economy. The economy simply cannot right itself while simultaneously struggling to keep up with the never-ending radicalization of labor policy.”
Washington, D.C. – The Coalition for a Democratic Workplace (CDW), composed of hundreds of organizations representing millions of businesses that employ tens of millions of workers nationwide in nearly every industry, released the following statement today in response to President Biden’s State of the Union address.
The following statement is attributable to CDW Chair Kristen Swearingen:
“The President’s continued push for Congress to pass the stalled, misguided and divisive Protecting the Right to Organize (PRO) Act undermines his calls for unity and threatens our economy. The so-called “PRO” Act would re-write our nation’s labor laws with the sole purpose of boosting the number of dues paying union members at the expense of workers’ rights, Main Street consumers, entrepreneurs, and small and local businesses. This legislation will also exacerbate the economic challenges our country faces with the supply chain crisis and inflation – problems that the ongoing impacts of the COVID-19 pandemic and the conflict in Ukraine will continue to complicate in the coming months.
“Now is the time for our government to pursue policies that promote economic stability in the face of these disruptions to the global economy and supply chain. It is not a time to impose radical changes that promise to upend our economy. We currently have a highly competitive job market where employers are offering good wages, signing bonuses, better benefits and more flexible schedules. Rather than dismantling the most pro-worker job market in decades, the government should focus on combatting inflation and alleviating the supply chain crisis, which threaten opportunities for all Americans.
“The push to pass the PRO Act will most certainly backfire on Democrats come November as American workers and their families have time and again rejected the repeated attempts to force them into unions and take away their rights and freedoms. The president should recognize this and redirect his efforts toward truly uniting and empowering Americans through policies that stabilize our economy and support a competitive job market,”
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About The Coalition for a Democratic Workplace
CDW is a broad-based coalition of hundreds of organizations representing hundreds of thousands of employers and millions of employees in various industries across the country concerned with a long-standing effort by some in the labor movement to make radical changes to the National Labor Relations Act without regard to the severely negative impact they would have on employees, employers, and the economy. CDW was originally formed in 2005 in opposition to the so-called Employee Free Choice Act (EFCA) – a bill similar to the PRO Act – that would have stripped employees of the right to secret ballots in union representation elections and allowed arbitrators to set contract terms regardless of the consequence to workers or businesses.
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Washington, D.C. – The Coalition for a Democratic Workplace (CDW), composed of hundreds of organizations representing millions of businesses that employ tens of millions of workers nationwide in nearly every industry, released the following statement today in response the National Labor Relations Board issuing a Decision and Direction of a Second Election and officially overturning the union election results at BHM1.
The following statement is attributable to CDW Chair Kristen Swearingen:
“It’s disappointing that the NLRB is continuing to side with Big Labor by setting aside the will of American workers. All workers during the election had months to listen to and weigh both sides and make a decision on their own of what was best for them and their families. Amazon even made it easier and more convenient to vote, but a massive disinformation campaign spread by unions about voting-by-mail, which the union requested, appears to have deceived members of the NLRB.
“Even though workers overwhelmingly rejected forming a union by a two-to-one margin, union bosses will get another chance to deceive, harass, pressure and intimidate workers in Birmingham to boost union ranks. These same union bosses are pushing the PRO Act, which would fundamentally change labor laws on a national scale and enable unions to fix elections to boost union membership at the expense of workers, small and local businesses, entrepreneurs and Main Street consumers.
“The decision to overturn the election is not surprising will be the first step towards taking away workers’ rights and choice.
“It appears the NLRB is already trying to enact the PRO Act by stacking the deck in favor of unions in what could become the norm as Big Labor attempts to organize workers across the country. With former union employees and pro-union advocates in charge of the NLRB, we can expect decisions like these to become commonplace if the PRO Act is passed into law. This decision should be a clear sign to American workers about what is at stake when their rights are stripped away and their democratic vote is tossed out.”
Click here for more information on the negative impacts of the PRO Act.
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About The Coalition for a Democratic Workplace
CDW is a broad-based coalition of hundreds of organizations representing hundreds of thousands of employers and millions of employees in various industries across the country concerned with a long-standing effort by some in the labor movement to make radical changes to the National Labor Relations Act without regard to the severely negative impact they would have on employees, employers, and the economy. CDW was originally formed in 2005 in opposition to the so-called Employee Free Choice Act (EFCA) – a bill similar to the PRO Act – that would have stripped employees of the right to secret ballots in union representation elections and allowed arbitrators to set contract terms regardless of the consequence to workers or businesses.
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Washington, D.C. – A new study conducted by George Washington University Adjunct Professor of Economics Diana Furchtgott-Roth found that the provisions in the U.S. House budget reconciliation bill creating new penalties under federal labor laws could put thousands of U.S. employers out of business and result in a $33 billion revenue loss in the franchise industry alone and a significant reduction in the federal government’s tax base due to companies moving operations off shore. The labor provisions, which are politically driven and constitute fundamental change to 85-year old statutory framework of the National Labor Relations Act, were tucked into the massive reconciliation bill as organized labor’s number one legislative priority, the Protecting Right to Organize (PRO) Act, stalled.
Key findings of the study:
Kristen Swearingen, Chair of the Coalition for a Democratic Workplace (CDW), composed of more than 600 major business organizations, said the report illustrates how the proposed increase in fines would hinder the nation’s economic recovery and potentially put thousands of small businesses out of business, especially with unions now in control of the National Labor Relations Board.
“This report shows that the poorly-vetted and radical changes to labor laws come with a big cost and would cripple small businesses, shrink the U.S. tax base and derail our country’s fragile economic recovery. With former union employees now controlling the NLRB and deciding who gets fined, we could see a massive wave of businesses closing or moving their operations and jobs overseas,” stated Swearingen.
Swearingen said the fines would cause significant economic impact on the franchising industry alone.
“An average franchise owner profits $433,000 annually, so a few of these fines would wipe them out. These fines also disincentivize entrepreneurs from starting a franchise in the first place. Bottomline, these fines are expected to wipe out up to $33 billion in revenue for franchisers and put the 233,000 small business franchise owners at risk of shutting down for good, negating any benefit of the increased fines.”
Swearingen went on to say that these fines will cause further economic damage and hurt workers by forcing companies to move operations and jobs offshore.
“In the end, it will be American workers and consumers that will pay the price for these increased and unnecessary fines,” said Swearingen. “Manufacturing and service companies, which often use union labor, will be forced to consider moving their operations outside of the U.S. to avoid these fines and drastic changes to established labor law. The ones that do stay may choose to operate in a diminished capacity in order to avoid the fines for small and technical infractions. These fines will result in untold economic damage from reduced economic activity from businesses across the U.S.”
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About The Coalition for a Democratic Workplace
CDW is a broad-based coalition of hundreds of organizations representing hundreds of thousands of employers and millions of employees in various industries across the country concerned with a long-standing effort by some in the labor movement to make radical changes to the National Labor Relations Act without regard to the severely negative impact they would have on employees, employers, and the economy. CDW was originally formed in 2005 in opposition to the so-called Employee Free Choice Act (EFCA) – a bill similar to the PRO Act – that would have stripped employees of the right to secret ballots in union representation elections and allowed arbitrators to set contract terms regardless of the consequence to workers or businesses.
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Washington, D.C. – The Coalition for a Democratic Workplace (CDW), composed of more than 600 major business organizations, released the following statement in response to unions’ increasing calls for strikes that could significantly exacerbate the supply chain crisis plaguing nearly every industry and threatening the U.S. economy.
Kristen Swearingen, Chair of the Coalition for a Democratic Workplace, stated that union bosses threatening to strike during this supply chain crisis is unconscionable and that ultimately U.S. workers and consumers could face severe economic impacts – from higher prices for goods to job loss – if workers don’t have supplies needed for manufacturing or products to stock shelves.
“We are in the midst of one of the worst supply chain crises in our lifetime. Now is a time when businesses and union leaders should be working together to get goods produced and shipped, because otherwise everyone will lose, from small business owners to workers to consumers,” stated Swearingen.
Swearingen went on to state that the current supply chain crisis would be significantly exacerbated if the PRO Act becomes law, including some of the legislation’s measures that unions have successfully inserted into the House budget reconciliation bill.
“The PRO Act’s elimination of secondary boycotts is designed to allow unions the ability to disrupt supply chains to pressure employers into recognizing a union without a secret ballot election or to get leverage for collective bargaining,” stated Swearingen. “It allows unions to target the weakest businesses in the supply chain – generally smaller ones – and stop their operations in order to get them, consumers, politicians, and others in the supply chain to force the target employer to yield to labor’s demands. It would create a situation where strikes that can bring down the economy, like the port labor disputes, would become common occurrence.”
A recent report found that the proposed labor provisions in the U.S. House budget reconciliation bill would enact sweeping changes to federal labor law that would push more workers into unions, which could further exacerbate the supply chain crisis that is threatening the country’s economy.
“From tax breaks for union dues to attacking independent contracting to souring the employer-worker relationship, these provisions only serve to boost the power and influence of unions while preventing workers from exercising their essential rights and freedoms.”
Swearingen concluded, “We strongly urge Members of Congress to oppose these anti-worker labor provisions in the budget reconciliation bill and the PRO Act to prevent the forced unionization of American workers against their will. Given the severe supply chain predicament we are facing, enacting even some of these measures would stall efforts to resolve this very serious crisis and cripple the U.S. economy.”
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About The Coalition for a Democratic Workplace
The Coalition for a Democratic Workplace (CDW) represents more than 600 major business organizations including the U.S. Chamber of Commerce, National Small Business Association, National Restaurant Association, National Association of Home Builders, National Retail Federation, National Grocers Association, International Franchise Association, National Association of Manufacturers, International Council of Shopping Centers and American Trucking Association.
CDW is a broad-based coalition of hundreds of organizations representing hundreds of thousands of employers and millions of employees in various industries across the country concerned with a long-standing effort by some in the labor movement to make radical changes to the National Labor Relations Act without regard to the severely negative impact they would have on employees, employers, and the economy. CDW was originally formed in 2005 in opposition to the so-called Employee Free Choice Act (EFCA) – a bill similar to the PRO Act – that would have stripped employees of the right to secret ballots in union representation elections and allowed arbitrators to set contract terms regardless of the consequence to workers or businesses.
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Washington, DC – On October 4, CDW sent a letter to all members of Congress laying out the radical labor provisions being pushed through the partisan reconciliation bill. The bill includes:
Implementation of these policies will have devastating consequences for the economy, especially at a time where businesses across the country are still struggling to survive the pandemic and economic downturn.
As CDW explains in the letter, “These provisions are significant, substantive policy changes and are therefore inappropriate for inclusion in the Reconciliation Bill.” They are radical changes to current law, and Congress should be required to go through regular order to implement them.