The PRO Act and Construction: What Employers Should Know

By Colin Sheehan, RCS Reporter. 

Learn what changes could come about if this labor rights law passes through the Senate.  

On February 6 of last year, The House of Representatives passed the Protecting the Right to Organize (PRO) Act. With a majority Republican Senate, however, the bill didn’t make its way into law. Now that the U.S. Senate is more evenly divided, Democratic lawmakers re-introduced the bill to the U.S. Senate on February 4, 2020 with the hopes it will pass.  

The PRO Act would revise the National Labor Relations Act (NLRA) and, if passed, the bill would make it easier for unions to organize in greater numbers, as many restrictions on union strikes will be removed. Employers would have less options to resist unionization and any employer who violates the PRO Act would be fined.  

The employee and employer  

This bill is requesting to revise the term “employee” to widen the scope of individuals covered by the Fair Labor Standards Act. "That move provides higher wages, union representation, and benefits to workers previously categorized as independent contractors. As defined by the PRO Act, workers would be classified as employees unless they are under no control or direction from the employer,” said Cotney Attorneys & Consultants.  

Another term the bill would revise is the term “joint employer.” Currently, contractors using workers from various subcontractors at a job site are liable only if they have direct control overseeing these workers. If the PRO Act passes, employers would be liable with potential and indirect control. 

“Given the construction industry’s unique employment model — often with various workers, contractors, and subcontractors on job sites — if this bill becomes law, construction companies will be required to assume more responsibility for every worker involved,” said Cotney Attorneys & Consultants. 

Unions 

27 states have “right-to-work” laws in place as of now, which prohibit union security agreements. These laws would be banned under the PRO Act, which would allow labor unions and employers to use “collective bargaining agreements” that would determine how much pressure unions can put on workers to join them and therefore pay dues. 

Additionally, more workers from various levels of the company, including supervisors, would have a vote in elections to certify union presentation under the new bill. If a vote is not passed, the union can appeal the result to the National Labor Relations Board (NLRB).  

“If the NLRB uncovers employer violation or interference in the process, the union can overturn the result by securing signed authorization cards from a majority of the voting employees. Some employees could feel pressured by the unions if they feel compelled to sign these cards,” said Cotney Attorneys & Consultants.  

Strikes 

Slow-down strikes, intermittent strikes, partial strikes, secondary strikes, boycotts and picketing would be allowed under the PRO Act. The allowing of secondary strikes and boycotts would permit employees to hold strikes against other companies and employers, potentially protesting an employer or company doing business with non-union companies.  

Employers who violate this law could face considerable fines too, upwards of $50,000 for unfair labor practices and $10,000 for going against NLRB orders. 

Support 

Construction trade unions throughout the U.S. are in support of this legislation, saying the PRO Act would empower American workers to use their voice and offer them many benefits they have not yet enjoyed. 

Opposition 

Opposing this legislation includes Associated Builders and Contractors, the Associated General Contractors of America and other professional associations. In several statements from these organizations, they contest that the bill could greatly change how business in construction operates as well as being less cost-effective for many employers. 

What to expect 

It remains unclear if the Senate will pass the PRO Act. The Democrats currently hold a one-vote majority with Vice President Harris as the tie-breaker, however Republicans could filibuster. 

“Even if the Senate halts the PRO Act, lawmakers could still incorporate some aspects of the bill into other legislation. Given the priorities of the Biden Administration, construction companies and workers could see many union- and employee-related changes in the months to come,” said Cotney Attorneys & Consultants.  

Learn more about Cotney Attorneys & Consultants in their RoofersCoffeeShop® Directory or visit www.cotneycl.com. 

Read the original article: Cotney Attorneys and Consultants 

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.