In the latest example of a certain segment of the Republican party’s populist shift towards organized labor and away from big business, Sen. Josh Hawley (R-MO) released a framework for labor law reform that would tilt the playing field towards unions.
The “Pro-Worker Framework” includes:
“Quickie” elections – The timeline for union elections would be condensed to “less than 20 business days.”
Forced negotiations and CBAs – Employers would be required to begin collective bargaining agreement negotiations within 10 days after a union election, and to finalize an agreement within months.
Harsher penalties and a private right of action – The NLRB would be empowered to levy civil monetary penalties on employers (it can currently only order make-whole remedies such as backpay), and workers would be able to sue employers in federal court for alleged violations.
Elimination of warehouse quotas – Employers would be prohibited from having “unsafe work speed quotas and other corporate policies that lead to high rates of worker injuries.” Some states have already passed similar measures, such as California.
Notice posting – Employers would be required to post and maintain notice of labor rights.
A pro-labor playing field: Many of the framework’s provisions would significantly impact employer labor relations strategies and tilt the playing field towards unions.
Some of these provisions are copy and pasted from the PRO Act, organized labor’s legislative wish list for labor law reform that previously passed the House in 2021 when it had a Democratic majority. The bill has consistently fallen short in the Senate.
Why it does (and doesn’t) matter: Sen. Hawley’s framework is the clearest example yet of organized labor’s growing influence on the populist wing of the Republican party. However, the proposal has almost no chance of gaining real traction in the current Congress – the majority of Republicans would be unlikely to support this kind of framework, and even pro-labor Democrats would potentially be unwilling to hand Republicans any kind of legislative win – especially on labor.
Gregory Hoff
Assistant General Counsel, Director of Labor & Employment Law and Policy, HR Policy Association
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