National Transgender Day of Remembrance

Floor Speech

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Mr. SCOTT of Virginia. Mr. Speaker, I join my colleagues to speak in support of H.R. 2474, the Protecting the Right to Organize Act, or the PRO Act.

The PRO Act was reported out of the Committee on Education and Labor on September 25, and it is the most comprehensive legislation in recent history to strengthen workers' rights to organize and bargain for higher wages, better benefits, and safer working conditions.

Labor unions have long fueled our Nation's prosperity. Wage growth and worker productivity rose steadily together when union membership was at its peak, around 30 percent, between the end of World War II and 1973. Union members earn significantly higher salaries, they are more likely to enjoy better benefits and also much more likely to work in a safe workplace. This had the effect of creating an economy where most working families could achieve a basic standard of living. But unfortunately, in the last 4 decades, union membership has plummeted, and income inequality has soared.

Despite the clear benefits of strong unions, just one in 10 workers currently is a union member and only 6 percent of private sector workers are union members.

Low union membership certainly does not mean that American workers have given up on unions. In fact, according to a poll of workers across the country conducted by the Massachusetts Institute of Technology, 48 percent of nonunion workers say they would vote to join the union if given the opportunity.

Regrettably, what is keeping workers from joining unions are weak labor laws, aggressive employer opposition to unions, and relentless political attacks that have dismantled workers' rights to organize.

To that point, the PRO Act would deter employers from violating workers' rights to form a union in five key ways:

First, the PRO Act puts some teeth into the law by authorizing civil monetary penalties for companies that inflict serious economic harm on employees by violating the National Labor Relations Act, in doing things such as firing union supporters for engaging in protected activities. This would update the current law, which provides no civil penalties today for employers who violate the NLRA, leaving no meaningful deterrent for employers who choose to violate workers' rights.

Second, the PRO Act would streamline procedures and guarantee swift remedies for workers. Currently, if workers prove that they were unlawfully fired for organizing, they may have to wait years before being reinstated and receiving back pay. The PRO Act would guarantee temporary reinstatement for workers whose cases are found to have merit while their cases are being adjudicated. This would also make the National Labor Relations Board orders immediately applicable to all parties involved in proceedings, just like those of other Federal agencies.

Third, the PRO Act would protect the integrity of union elections by providing remedies when employers interfere with union representation elections. It also establishes mediation and arbitration procedures to encourage employers and unions to reach a first collective bargaining agreement after the union is formed.

Fourth, the PRO Act would modernize labor law by clarifying exactly which employees and employers are covered by the National Labor Relations Act. Too often employers misclassify their employees as independent contractors or anything but employees. This tactic allows employers to avoid their legal obligations to their workers. The PRO Act safeguards against these practices and also protects workers' First Amendment rights to engage in peaceful picketing and other free speech activities.

Finally, the PRO Act fosters transparency, so employees know their rights under the law. Other labor laws require employers to post notices of employee rights like Title 7 of the Civil Rights Act, the Family Medical Leave Act, and OSHA. The PRO Act will similarly guarantee the employers notify the employees of their rights.

At its heart this legislation is about restoring workers' rights to organize and restoring balance to the economy. By passing the PRO Act, we can take an historic step towards improving the quality of life for workers and families across the country.

So I thank the Progressive Caucus for sponsoring this Special Order and giving us the opportunity to promote the PRO Act.

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