Dear John,

65% of Americans approve of labor unions, the highest percentage in decades, according to an analysis by the Economic Policy Institute. And nearly half of all non-union workers say they would vote for a union if they could -- a 50% increase over the results from a similar survey taken 40 years ago..

Yet in 2020, only 12% of all American workers were represented by a union.

Why is there such a huge disparity between those who want union representation and those who have it? Too many loopholes in current labor law make union busting way too easy.

Not only are there many currently legal ways for companies to intimidate workers and slow-walk the process, but also when companies resort to illegal tactics such as firing workers, they face no real consequences beyond having to rehire the workers and pay them back pay. Workers cannot sue companies or individuals, and there is no means to assess civil damages.

Fortunately the Protecting the Right to Organize (PRO) Act introduced in Congress is designed to address this and other union-building issues. Show your support for legislation that will enhance workers’ ability to organize and bargain collectively for improvements in working conditions and pay by signing on now.

Why do workers need the PRO Act? The firing of union organizers is the first of many problems addressed by the proposed legislation.

Even though it is illegal, activist workers are fired in 1 out of 5 organizing campaigns. In 2019, companies were ordered to reinstate over 1,400 workers who had been fired illegally. Companies are willing to take the risk, because there are no serious consequences, and it sends an intimidating message to workers.

The PRO Act will establish civil penalties and individual liability, allow workers to file civil lawsuits directly, and provide for monetary damages to workers who suffer financial harm.

The PRO Act doesn’t stop there. Employers use a variety of delay tactics to slow down organizers’ momentum and build a sense of hopelessness among workers.

Employers may refuse to acknowledge the validity of a union (even after it has been endorsed in writing by over 50% of workers) and require instead that organizers file a formal petition with the National Labor Relations Board (NLRB). This gives the employer the ability to delay the scheduling of the official election date, and to challenge the makeup of the bargaining unit, resulting in time-consuming hearings and other litigation.

The PRO Act will streamline procedures for workers starting a union introduced during the Obama era, and reversed under President Trump, making them permanent.

Employers may restrict communications from union organizers while inundating employees with their own anti-union messages. They include anti-union messages in their emails, new worker orientation materials, and mandatory meetings that all workers must attend or be disciplined or fired. During organizing campaigns, two-thirds of employers require employees to meet one-on-one with their supervisors every week, while simultaneously prohibiting off-duty union organizers from talking directly with employees on the job.

The PRO Act will ban “captive audience” meetings and it requires employers to allow organizers to use company email in most cases, to ensure a better balance of communications.

Employers hire third-party union-busters to carry out their anti-union campaigns. 75% of companies spend hundreds of thousands of dollars to hire outside consultants to bust the union, at a cost of as much as $340 million overall per year. Loopholes enable employers to avoid disclosing consultants’ identities and fees for months, and even to avoid disclosure altogether if the consultants play a background role without contacting employees directly.

The PRO Act closes these loopholes and requires prompt disclosures of all anti-union activities.

Even after winning an official NLRB union election, employers can still delay initial collective bargaining with the new union. Over 50% of all workers still lack a collective bargaining agreement one year after winning a union election, and 37% have no agreement after two years. If the employer challenges an issue related to the original election, such as the makeup of the bargaining unit, this process may go on for years, during which employees see no benefits to having voted for the union.

The PRO Act establishes a process of mediation, and arbitration if needed, to ensure there is progress toward an agreement on a timely basis.

To speak truth to power, to reduce the inequality of the Black-white wage gap, and to have an effective means to bargain for better pay and working conditions, workers need a fair playing field. Sign in support of the PRO Act and help ensure workers’ rights to organize and negotiate with employers.

Thank you for helping create a fair playing field, and an economy that works for workers.

Robert Reich
Inequality Media Civic Action