Protecting the Right to Organize

Floor Speech

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Mr. BUDD. Madam Speaker, tomorrow, the House will vote on the Protecting the Right to Organize Act of 2019, or the PRO Act. This legislation is a liberal wish list that represents a draconian overhaul of our Nation's labor laws at the expense of employers, workers, and economic growth, while strengthening the authoritarian power of big labor.

Madam Speaker, despite the fact that the National Labor Relations Board and the U.S. Supreme Court have recognized that there should be ample time for ``uninhibited, robust, and wide-open debate in labor disputes,'' the PRO Act deliberately speeds up election processes so that employees don't have time to learn about the potential downsides of joining a union.

Specifically, the bill codifies the provisions of an NLRB regulation called the ``ambush election rule'' which significantly shortens the time span in election processes. Democrats purposely inserted this provision because they know union bosses are more likely to win elections when employees are uninformed about the downsides of union membership.

Second, the PRO Act increases liability for businesses by dramatically expanding the definition of ``joint employer'' to also include indirect control and unexercised potential control over employees. These terms are incredibly broad and ambiguous, meaning businesses could find themselves held liable for labor violations committed by another business when they might not have even been aware that they were considered a joint employer in the first place.

Even worse, the risk of increased liability incentivizes large businesses to stop contracting out to small businesses. This would force large businesses to keep more jobs in-house which, ultimately, raises prices for both businesses and consumers.

The expanded definition of joint employer is also detrimental for franchise businesses. A recent study showed that the definition change has led to a 93 percent increase in lawsuits against franchise businesses, costing them over $33 billion annually, and leading to the loss of 376,000 jobs.

The study also showed that the majority of franchise businesses have been offering less services just in order to avoid lawsuits. This chilling effect hurts, again, both workers and consumers alike.

The PRO Act also compels private-sector employees to either join a union or risk being fired. The bill abolishes the State Right to Work Laws which allow workers the freedom to choose whether or not they want to pay fees to a union.

If Right to Work Laws are repealed, not only will unions gain unprecedented new power, but economic growth and employment will suffer. A 2018 study by the National Economic Research Associates found that between 2001 and 2016, States with Right to Work Laws saw private- sector employment grow by 27 percent; while States without Right to Work Laws grew only 15 percent.

To top it off, the PRO Act strips workers of their right to cast anonymous ballots in union elections. Under current law, workers are able to anonymously oppose joining a union by casting ``secret'' and unpublicized ballots. However, this PRO Act abolishes this practice and forces employees to make their choice public about unionizing, which makes it easier for unions to intimidate and threaten workers who do not wish to sign up.

Senior fellow at the Mackinac Center for Public Policy, Vincent Vernuccio, has said: ``The secret ballot is a bedrock principle of democracy. It allows people to vote the way they feel without fear of reprisal. Without it, those who hold the elections would hold all the power.''

This bill should be opposed by anyone who is concerned with worker freedom and continuing our country's economic boom. The PRO Act needs to be permanently benched.

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