Subscribe to our weekly newsletter, the DC Download, to get updates on what’s happening on the Hill, what we are reading, key issues to watch, and progressive analysis and tools.

 
 

DC Download 05.01.2023

In commemoration of International Workers Day, also known as May Day, today’s Special Edition DC Download focuses on labor rights in the U.S. We’ll be taking a look at a nonexhaustive list of key bills; funding for the agency that protects workers’ rights; union-busting activities; the Supreme Court case that threatens the right to strike; and the nominee to lead the Department of Labor. 

 

Table of Contents:

 

 

Putting Workers First: Supporting Working People on the Job, in Congress, in the Courts 

Did you miss the Progressive Caucus Action Fund’s (PCAF) Tools for Progress briefing, “Putting Workers First: Supporting Working People on the Job, in Congress, in the Courts,” last Thursday? You can watch the full briefing here! 

 

 

Richard L. Trumka Protecting the Right to Organize Act

The Richard L. Trumka Protecting the Right to Organize (PRO) Act of 2023, named after the late president of the AFL-CIO and introduced by the Ranking Member of the House Committee on Education and the Workforce, Rep. Bobby Scott (D-VA-03), would protect workers’ right to unionize and bargain for higher pay, better benefits, and safer workplaces. Specifically, the bill would hold employers accountable for violating workers' rights by implementing penalties and closing loopholes that allow employers to misclassify their employees as supervisors and independent contractors. The bill would also provide support for workers facing retaliation, safeguard their right to support boycotts, allow workers to collect "fair share" fees, and authorize a private right of action for violations of their rights. Additionally, the PRO Act would secure free, fair, and safe union elections by preventing employer interference, banning captive audience meetings, and mandating transparency from employers. During the 117th Congress, the bill passed by a bipartisan 225-206 vote, but it has yet to be considered by the current Congress.

Public Service Freedom to Negotiate Act

The Public Service Freedom to Negotiate Act would establish a set of minimum standards for states and local governments to ensure that public sector employees are able to engage in meaningful collective bargaining and negotiate for fair wages, benefits, and working conditions. The bill has yet to be introduced in this Congress.

Raise the Wage Act

The Raise the Wage Act would improve the living standards for millions of low-wage workers by ensuring fair compensation for their labor. The bill would gradually increase the federal minimum wage from $7.25 to $15 per hour and would index the minimum wage to median wage growth to keep pace with the changing economic landscape. In addition, the bill aims to eliminate the tipped minimum wage by gradually raising it to match the federal minimum wage for all workers. The bill also would also phase out the subminimum wage for youth workers and for workers with disabilities. The bill would raise wages for nearly 32 million workers across the country and restore the minimum wage’s purchasing power. The bill has yet to be introduced in this Congress. 

Paycheck Fairness Act

The Paycheck Fairness Act, introduced by Rep. Rosa DeLauro (D-CT-03), would address wage discrimination and promote equal pay practices for employees and employers. Specifically, the bill would protect workers against retaliation for discussing salaries with coworkers, prohibit employers from screening job applicants based on salary history or requiring it during the hiring process, and require employers to prove that pay disparities exist for legitimate, job-related reasons. The bill would also strengthen protections for employees who file sex-based wage discrimination claims under the Equal Pay Act and establish a negotiation skills training program for women and girls. Additionally, the bill allows the Department of Labor to use a range of investigatory tools to uncover wage discrimination and directs the agency to conduct studies to provide information on identifying, correcting, and eliminating illegal wage disparities. During the 117th Congress, the bill passed by a bipartisan 217-210 vote, but it has yet to be considered by the current Congress.

The Black Worker Bill of Rights 

The Black Worker Bill of Rights, created by Black Worker Policy Coalition, aims to ensure that all Black workers have dignity at work with safe, healthy, and equitable workplaces. Specifically, the bill identifies ten rights that would benefit all U.S. workers and address the systemic racism faced by the country’s Black workers. These rights include:

  • The Right to Organize

  • The Right to Resources and Information to Address Barriers to Quality Employment

  • The Right to Assert Your Rights and Have Your Rights Enforced

  • The Right to Equitable Wages and Compensation that is Owed

  • The Right to Career Advancement Opportunities

  • The Right to Workplaces Free from Discrimination, Harassment, and Other Harm

  • The Right to Health, Healing, and Rest

  • The Right to Privacy and Freedom from Surveillance

  • The Right to Dignity

  • The Right to Participate in Democracy

The bill has yet to be introduced in Congress. 

 

 

The National Labor Relations Board (NLRB), established in 1935 under the National Labor Relations Act (NLRA), is an independent federal agency responsible for enforcing labor laws and facilitating fair labor practices. For nearly a decade starting in 2014, the agency operated under the same funding levels until Congress passed the omnibus bill for fiscal year 2023 last December, which provided a $25 million increase for the NLRB. While the increase will help the NLRB continue to uphold their Congressional mandate of promoting collective bargaining and safeguarding employees’ right to organize, the agency remains underfunded relative to its workload. In his budget proposal for fiscal year 2024, President Joe Biden has requested $376 million for the NLRB, an increase of $77 million. Without additional funding, the agency will have a harder time enforcing workers' right to organize and engage in collective action and NLRB employees could face furloughs and understaffing. 

 

 

As long as workers have organized and bargained collectively, businesses have engaged in union-busting practices. Historically, employers have turned to aggressive tactics like firing union supporters, hiring strikebreakers, and using violence or intimidation. Despite legal reforms like the NLRA, which reshaped labor relations, and the Taft-Hartley Act, which allowed for right-to-work laws, union-busting tactics have persisted. 

Amazon, for example, has faced numerous allegations of union-busting, with reports highlighting specific attempts to stifle employee organizing. In Kentucky, the company was accused of firing workers trying to form a union. In Staten Island, the NLRB ordered a new union election after Amazon supervisors illegally threatened to withhold wage and benefit increases from employees if they voted to unionize, and forced workers to attend mandatory anti-union meetings to discourage workers from organizing. 

Starbucks has also been accused of employing various tactics to undermine its workers' rights to unionize. The NLRB found Starbucks guilty of violating labor laws including illegally firing, disciplining, and surveilling employees who support unionization efforts. Furthermore, Starbucks has a history of hiring anti-union consultants and using mandatory meetings to disseminate anti-union messaging. In March, founder and former CEO of Starbucks Howard Schultz testified before the Senate Committee on Health, Education, Labor, and Pensions, and denied any wrongdoing. 

 

 

Glacier Northwest, Inc. v. International Brotherhood of Teamsters

In January, the U.S. Supreme Court heard oral arguments in Glacier Northwest, Inc. v. International Brotherhood of Teamsters. Glacier Northwest, a concrete company in Seattle, is suing the Teamsters after a 2017 strike resulted in the loss of some of Glacier’s concrete. While the NLRA protects workers’ right to strike, it does not protect striking employees who damage or vandalize property. The case threatens to upend the Supreme Court’s decision in San Diego Trades Council v. Garmon (1959), which shields unions from lawsuits by requiring the employer to first obtain a ruling from the NLRB establishing that their workers’ strike was not protected by federal law before filing suit. If the Supreme Court sides with Glacier Northwest, companies will be able to more easily file suit against unions and striking workers. 

 

 

Following the resignation of then-Secretary of Labor Marty Walsh, President Joe Biden in February nominated Deputy Secretary of Labor Julie Su to lead the department. Before joining the Department of Labor, Julie Su served as the Labor Secretary for the State of California, the California Labor Commissioner, and spent 17 years as a civil rights attorney representing workers. Last month, the Senate Health, Education, Labor, and Pensions Committee advanced her nomination to the Senate floor. It is not clear when the Senate will vote on her confirmation. 

 

April 29-May 8: House is in recess

May: AAPI Heritage Month 

May: Jewish American Heritage Month

May: Mental Health Awareness Month

May 1: May Day

May 5: Cinco de Mayo

May 14: Mothers Day

May 17: IDAHOBIT

May 22-29: Senate is in recess

May 29: Memorial Day