Small Business Opposes Big Labor's PRO Act Introduced in U.S. House and Senate

Date: March 01, 2023

The Protecting the Right to Organize (PRO) Act favors labor unions at the expense of small businesses

The Protecting the Right to Organize (PRO) Act of 2023 was introduced to Congress on Feb. 28. This is an expansive piece of legislation that would dramatically upend long-standing employment laws in favor of labor unions at the expense of small businesses and their employees. NFIB members and small business owners oppose this legislation for the 118th Congress. The PRO Act (H.R. 20) would:

  • Abolish state “Right to Work” laws that protect non-union employees from being required to contribute union fees if the employee is not a member of the labor organization
  • Require employers to turn over the private contact information of their employees to union organizers before union elections
  • Remove the right of workers to hold a secret ballot regarding if they should or should not join a union
  • Include a stricter version of California’s “ABC” independent contractor law that forced that state to immediately carve out dozens of exceptions since the PRO Act has no such exceptions
  • Allow labor unions to boycott small businesses with whom they have no affiliation

The PRO Act would also create a stricter joint employer definition. The rules determined by the NLRB made it easier for Big Labor to organize unionization campaigns, but resulted in practical difficulties for small business operators by making it harder for them to enter into service agreements with other companies without assuming the others’ (such as subcontractors’ or franchisees’) responsibilities.

Previously, businesses could freely contract with other companies without fear of assuming the other’s liabilities. The NLRB decision also discourages companies from working with small business contractors.

NFIB has previously opposed the legislation and published an infographic on the harm it would cause small businesses. In 2021, NFIB considered H.R. 842 a Key Vote for the 117th Congress. Take Action: Send a message to your Representatives and urge them to oppose the PRO Act.


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