[Congressional Record Volume 166, Number 24 (Wednesday, February 5, 2020)]
[House]
[Page H770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PROTECTING THE RIGHT TO ORGANIZE

  The SPEAKER pro tempore (Mrs. Torres of California). The Chair 
recognizes the gentleman from North Carolina (Mr. Budd) for 5 minutes.
  Mr. BUDD. Madam Speaker, tomorrow, the House will vote on the 
Protecting the Right to Organize Act of 2019, or the PRO Act. This 
legislation is a liberal wish list that represents a draconian overhaul 
of our Nation's labor laws at the expense of employers, workers, and 
economic growth, while strengthening the authoritarian power of big 
labor.
  Madam Speaker, despite the fact that the National Labor Relations 
Board and the U.S. Supreme Court have recognized that there should be 
ample time for ``uninhibited, robust, and wide-open debate in labor 
disputes,'' the PRO Act deliberately speeds up election processes so 
that employees don't have time to learn about the potential downsides 
of joining a union.
  Specifically, the bill codifies the provisions of an NLRB regulation 
called the ``ambush election rule'' which significantly shortens the 
time span in election processes. Democrats purposely inserted this 
provision because they know union bosses are more likely to win 
elections when employees are uninformed about the downsides of union 
membership.
  Second, the PRO Act increases liability for businesses by 
dramatically expanding the definition of ``joint employer'' to also 
include indirect control and unexercised potential control over 
employees. These terms are incredibly broad and ambiguous, meaning 
businesses could find themselves held liable for labor violations 
committed by another business when they might not have even been aware 
that they were considered a joint employer in the first place.
  Even worse, the risk of increased liability incentivizes large 
businesses to stop contracting out to small businesses. This would 
force large businesses to keep more jobs in-house which, ultimately, 
raises prices for both businesses and consumers.
  The expanded definition of joint employer is also detrimental for 
franchise businesses. A recent study showed that the definition change 
has led to a 93 percent increase in lawsuits against franchise 
businesses, costing them over $33 billion annually, and leading to the 
loss of 376,000 jobs.
  The study also showed that the majority of franchise businesses have 
been offering less services just in order to avoid lawsuits. This 
chilling effect hurts, again, both workers and consumers alike.

  The PRO Act also compels private-sector employees to either join a 
union or risk being fired. The bill abolishes the State Right to Work 
Laws which allow workers the freedom to choose whether or not they want 
to pay fees to a union.
  If Right to Work Laws are repealed, not only will unions gain 
unprecedented new power, but economic growth and employment will 
suffer. A 2018 study by the National Economic Research Associates found 
that between 2001 and 2016, States with Right to Work Laws saw private-
sector employment grow by 27 percent; while States without Right to 
Work Laws grew only 15 percent.
  To top it off, the PRO Act strips workers of their right to cast 
anonymous ballots in union elections. Under current law, workers are 
able to anonymously oppose joining a union by casting ``secret'' and 
unpublicized ballots. However, this PRO Act abolishes this practice and 
forces employees to make their choice public about unionizing, which 
makes it easier for unions to intimidate and threaten workers who do 
not wish to sign up.
  Senior fellow at the Mackinac Center for Public Policy, Vincent 
Vernuccio, has said: ``The secret ballot is a bedrock principle of 
democracy. It allows people to vote the way they feel without fear of 
reprisal. Without it, those who hold the elections would hold all the 
power.''
  This bill should be opposed by anyone who is concerned with worker 
freedom and continuing our country's economic boom. The PRO Act needs 
to be permanently benched.

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