H.R.842 – Protecting the Right to Organize Act of 2021

This bill expands various labor protections related to employees’ rights to organize and collectively bargain in the workplace.

Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes.

The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes.

The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation.

The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include

• providing information about a potential violation to an enforcement agency,
• participating in an enforcement proceeding,
• initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or
• refusing to participate in an activity the employee reasonably believes is a violation of labor laws.

Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.

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Petition: Pass the PRO Act and Protect Workers’ Rights

PROTECTING THE RIGHT TO ORGANIZE (PRO) ACT is a landmark worker empowerment, civil rights and economic stimulus legislation, and an essential part of any plan to build back better from the COVID-19 pandemic and recession.

Why workers need the Protecting the Right to Organize Act How the PRO Act solves the problems in current law that thwart workers seeking union representation. Nearly half (48%) of all nonunion workers surveyed say they would vote for a union if given the opportunity—a roughly 50% higher share than when a similar survey was taken 40 years earlier.1 And the 65% of Americans who approve of labor unions is higher than it has been since the early 2000s, with young workers ages 18–34 the most supportive.2 But the share of workers represented by a union was just 12.1% in 2020.

THE PROTECTING THE RIGHT TO ORGANIZE (PRO) ACT, EXPLAINED Our economy has been rigged by the rich and powerful, who have hoarded more and more wealth while workers actually producing the profits receive less and less. This has resulted in staggering levels of economic inequality – an inequality that is felt even more acutely by workers of color. The same CEOs and big corporations that are hoarding wealth have worked tirelessly to make it nearly impossible for workers to use their collective voice to push back.

One of the most proven and effective ways for workers to act collectively is to form a union and collectively bargain for better wages and benefits, but their right to do so has been under attack for decades. In fact, because of anti-worker legislation, right-wing court decisions, and lack of federal protections, the share of workers represented by a union is less than half of what it was 40 years ago.