The Issue:

Employee Rights Act

Labor unions and their bosses often have goals that do not line up with the desires of workers. When the interests of unions come in conflict with the interests of workers, unions typically make decisions that benefit them rather than employees. The National Labor Relations Board (NLRB) has further exasperated this problem. When it was first established, Congress intended the NLRB to function as an impartial arbitrator mediating disputes between unions and businesses, but under the Obama administration, the Board consistently proposed and enforced rules that favored labor unions over both workers and employers.

This month, Rep. Phil Roe (R-Tenn.) introduced the Employee Rights Act (H.R. 2723). This legislation would protect workers from union pressure by putting power in the hands of employees and making union leaders more accountable to their members. As the Heritage Foundation notes, if union bosses “were angels, such changes would be unnecessary” but “since they are not” new protections are necessary.

Our Position

The Employee Rights Act would solve many problems workers face today, including problems enshrined in current labor law. The bill would help restore a balance of power in the workplace from unions to workers and help ensure labor unions best serve the interest of employees, not union bosses. Heritage Action supports the legislation, encourages Representatives to support it, and reserves the right to key vote in the future.

Other Issues: Immigration Healthcare Food Stamps Military ESAs

Featured Content

blog

Heritage Action Supports Rep. Phil Roe's Employee Rights Act

This month, Rep. Phil Roe (R-Tenn.) introduced the Employee Rights Act (H.R. 2723). This legislation would protect workers from union pressure by putting power in the hands of employees and making union leaders more accountable to their members. As the Heritage Foundation notes, if union bosses "were angels, such changes would be unnecessary" but "since they are not" new protections are necessary.

Heritage explains the legislation would guarantee employees the rights to:

  • Vote privately in a secret ballot election before forming a union;
  • Opt out of having their personal contact information provided to a union during an organizing drive;
  • Hear from employers at least 40 days prior to voting in a union election;
  • Vote in a secret ballot election before accepting a contract or going on strike;
  • Vote regularly on re-electing their union;
  • Decide whether their union can spend their dues on matters unrelated to collective bargaining; and,
  • Be free from union interference or extortion in exercising their legal rights.

Workers should not be pressured or coerced by unions or union bosses to take actions that undermine their rights. Protecting the voting rights of employees is essential:

"Under general union representation, employees relinquish their individual negotiating authority to a union. The union becomes the sole representative of the employees in negotiations with their employer. Unionized employers must negotiate employment terms with the union and the union alone. They may not bargain with individual workers."

Though the purpose of unions is ostensibly to protect workers, they often fail to do so because they are motivated by the "institutional objectives" of expanding in size, income and influence. They want "contracts that protect their institutional powers." When the interests of unions come in conflict with the interests of workers, unions often make decisions that benefit them rather than employees. In an effort to expand power and influence, unions discourage secret ballot elections or work to eliminate them altogether; this results in the loss of privacy benefits for workers. Unions can also call for a strike without first consulting workers.

Workers deserve a say in decisions that put their jobs at risk. The Employee Rights Act would amend this by requiring a secret ballot vote before a union can call a strike. Furthermore, the bill would solidify paycheck protection provisions, provide a mechanism for union re-certification, and finally criminalize union threats under federal law.

David W. Kreutzer, Ph.D., Senior Research Fellow in Labor Markets and Trade in the Institute for Economic Freedom and Opportunity at The Heritage Foundation, issued this statement:

"All union members deserve the protection of secret ballots and reasonable choice over who represents them. Ninety-four percent of union members are represented by unions for whom they never voted. Let the dues-payers decide whether their union is an effective advocate for them or not. Competent, worker-focused union leadership has nothing to fear from members' freedom to choose."

The Employee Rights Act would solve many problems workers face today, including problems enshrined in current labor law. The bill would help restore a balance of power in the workplace from unions to workers and help ensure labor unions best serve the interest of employees, not union bosses.

***Heritage Action supports the legislation, encourages Representatives to support it, and reserves the right to key vote in the future.***

 

Read More →

May 29, 2017

blog

Empowering Workers Not Labor Unions

Background 

Labor unions and their bosses often have goals that do not line up with the desires of workers. When the interests of unions come in conflict with the interests of workers, unions typically make decisions that benefit them rather than employees. The National Labor Relations Board (NLRB) has further exasperated this problem. When it was first established, Congress intended the NLRB to function as an impartial arbitrator mediating disputes between unions and businesses, but under the Obama administration, the Board consistently proposed and enforced rules that favored labor unions over both workers and employers.

These included: the Ambush Election Rule that shortens the time employers have to convince workers not to join a union, the Micro-Union Rule that allow unions to organize separate groups of workers within one company by job title, the Joint Employer Standard that empowers union members over business owners they indirectly work with, and undermining secret-ballot voting that protects worker privacy.

Problem 

Past and recent union rules enacted by the NLRB and pushed by union bosses stifle job creation and undermine workers' rights. Too often, union leaders put their desire to expand union size, revenue and power above the interest of their workers. In an effort to expand their power and influence, unions use dues to pay for political activities, discourage secret ballot elections to form a union, go on strike, or accept a contract, and suppress efforts by workers to replace union leaders. As a result, union leaders are no longer accountable to their members as 94 percent of union members never voted for the union that currently represents them.

Solution 

In order to rebalance labor law in favor of workers rather than union bosses, Congress should pass the Employee Rights Act (H.R. 2723). Introduced by Rep. Phil Roe (R-Tenn.), the Employee Rights Act would guarantee employees the rights to:

  • Vote privately in a secret ballot election before forming a union;
  • Opt out of having their personal contact information provided to a union during an organizing drive;
  • Hear from employers at least 40 days prior to voting in a union election;
  • Vote in a secret ballot election before accepting a contract or going on strike;
  • Vote regularly on re-electing their union;
  • Decide whether their union can spend their dues on matters unrelated to collective bargaining; and,
  • Be free from union interference or extortion in exercising their legal rights.

This legislation is a major step forward in curbing the abuses of unions and will help ensure that unions best serve the interest of employees, not union bosses. Congress should also take steps to roll back the NLRB's actions on ambush elections, the joint employer standard, and micro-unions.

Call to Action 

The Employee Rights Act was cosponsored by 137 members of Congress when it was introduced last session by Rep. Tom Price (R-Ga.). Heritage Action has endorsed this legislation and urges Sentinels to contact their members of Congress and ask them to cosponsor the bill.

Read More →

Jun 07, 2017

keyVotes

CO-SPONSORSHIP of the Employee Rights Act (S. 1774)

The Employee Rights Act (S. 1774), introduced by Sen. Orrin Hatch (R-Utah), would protect workers from union pressure by putting power in the hands of employees and making union leaders more accountable to their members. As the Heritage Foundation notes, if union bosses "were angels, such changes would be unnecessary" but "since they are not" new protections are necessary.

Read More →

Sep 15, 2017

keyVotes

CO-SPONSORSHIP of the Employee Rights Act (H.R. 2723)

The Employee Rights Act (H.R. 2723), introduced by Rep. Phil Roe (R-Tenn.), would protect workers from union pressure by putting power in the hands of employees and making union leaders more accountable to their members. As the Heritage Foundation notes, if union bosses "were angels, such changes would be unnecessary" but "since they are not" new protections are necessary.

Read More →

Jul 17, 2017

Issue Toolkit:
Employee Rights Act (ERA) Toolkit

arrow-box

Most Recent Content