Protecting the Right to Organize (PRO) Act

Date: December 18, 2019

The Protecting the Right to Organize (PRO) Act of 2019 (H.R. 2474) would take away a worker’s right to a secret ballot, compromises the privacy of millions of Americans, and exposes small businesses to costly boycotts and protests. This legislation has been rejected by the courts and opposed by Congress for decades. Click here to learn more.


The Legislation Would:
  • Restrict an employee’s ability to accept or reject union representation through the use of a secret ballot. This process would allow labor unions to pressure employees to sign a card in public to join a union rather than allowing individuals to vote privately. Seventy-nine percent of NFIB members agree that employers should not be required to recognize unions by way of signed authorization cards.
  • Require employers to provide the personal contact information for all employees to union organizers, without the consent of the employee infringing upon the employer-employee relationship. Ninety-three percent of NFIB members oppose requiring employers to provide the personal contact information of their employees to union organizers.
  • Allow unions to participate in secondary boycotts throughout the supply chain, which would inflict economic damage on small businesses that have nothing to do with a labor dispute. Ninety-two percent of NFIB members oppose legislation that allows unions to picket an employer’s suppliers and customers during a labor dispute.
  • Abolish state “Right to Work” laws by eliminating section 14(b) of the National Labor Relations Act (NLRA) and would require all employees to contribute fees to a labor organization even if the employee is not a member of the labor organization.
  • Impose binding arbitration on employers when they fail to reach an agreement with a union within 120 days, which would empower an arbitrator with no business expertise to render a decision. It also abolishes state “Right to Work” laws by eliminating section 14(b) of the National Labor Relations Act (NLRA) and would require all employees to contribute fees to a labor organization even if the employee is not a member of the labor organization.
  • Impose reporting requirements that would breach small business owner-attorney confidentiality by requiring businesses to disclose any spending on attorneys for labor issues publicly. Ninety-one percent of NFIB members oppose limiting the ability of employers to speak to their workers during union campaigns and elections.
  • Codify the National Labor Relation Board’s (NLRB’s) Browning-Ferris Industries joint-employer standard, which would threaten to compromise the small business-subcontractor relationship. Eighty-nine percent of NFIB members oppose requiring a contractor to be responsible for a subcontractor’s hiring practices.
  • Adopt California’s recently adopted “ABC” test to determine whether a worker is an employee or an independent contractor. This test will make it more difficult for small business owners to hire independent contractors.

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