John,

The majority of Americans -- 65% -- approve of labor unions. So why do only 12% of American workers belong to one? The answer: there are too many loopholes in current labor law that make union busting way too easy.

There are many legal ways for companies to intimidate workers and slow-walk the process, and even when companies resort to illegal tactics such as firing workers, they face no real consequences. The only remedies provided under current law require rehiring the workers and paying back pay. Workers cannot sue companies or individuals, and there is no way to assess civil damages.

This affects no small number of workers. Despite the law against it, 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 it sends an intimidating message to workers and weakens the organizing campaign.

This is why we need the Protecting the Right to Organize (PRO) Act. Click here to show your support for legislation that will support workers’ efforts to organize and bargain collectively for improvements in pay and working conditions.

In addition to allowing individuals to sue companies and officials and collect punitive damages for these illegal firings, the PRO Act addresses a variety of delay tactics companies use to slow down organizers’ momentum and build a sense of hopelessness among workers. Some of these tactics include:

• Refusing to acknowledge a union voluntarily, even after it’s been endorsed in writing by over 50% of workers. This requires the filing of a formal petition with the National Labor Relations Board (NLRB), to oversee the election process, giving employers further opportunities to challenge the bargaining unit and delay the election. The PRO Act reinstates streamlining procedures from the Obama era that were reversed under President Trump.

• Inundating employees with anti-union messages, while prohibiting contact with off-duty union organizers. Companies use official emails, new worker orientation materials, one-on-one supervisor sessions, and mandatory “captive audience” meetings, to spread anti-union materials. The PRO Act will ban “captive audience” meetings, and it allows union organizers to use company email in most cases, to ensure a better balance of communications.

• Hiring outside consultant “union-busters” to implement anti-union campaigns. American companies spend as much as $340 million overall per year on “union-busters,” but thanks to loopholes they keep consultants’ identities and fees hidden for months, or forever if consultants play a background role and do not directly contact employees. The PRO Act closes these loopholes and requires timely disclosure of anti-union activities.

• Refusing to initiate collective bargaining with a newly elected union. One year after winning a union election, over 50% of such workers still lack a collective bargaining agreement one year later, and 37% have no agreement after two years. This process may go on for years, during which workers see no benefits, further delegitimizing the union. The PRO Act establishes a process of mediation and arbitration, to ensure timely progress working toward an agreement.

To be able to bargain for better pay and working conditions, and to reduce the Black-white wage gap, workers need to have the right to organize. Sign the petition and show your support for the right of workers to bargain collectively with their employers now.

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

- Amanda

Amanda Ford, Director
Democracy for America
Advocacy Fund