In the past several weeks, Democratic leaders in Washington have proposed a a series of dramatic changes to federal labor laws intended to make it easier for labor unions to organize workers.
On September 16, 2015, Senator Patty Murray (Wa.) and Representative Bobby Scott (Va.) introduced the “Workplace Action for a Growing Economy” (WAGE) Act (H.R. 4514; S.2042). The legislation would amend the National Labor Relations Act to allow workers to sue for labor law violations in federal court, as opposed to being limited to administrative remedies before the NLRB. The bill would also add civil penalties of up to $50,000 for employers who violate the NLRA, as well as fines of $10,000 per day to be imposed on employers who do not comply with NLRB orders. Speaking at the White House Summit on Worker Voice this week, President Obama endorsed the legislation, telling the audience that that the Unites States needs to make it easier for workers to organize because “the middle class itself was built on a union label” (I’m not sure the millions of small business people who have achieved a middle class lifestyle through seven day workweeks would agree with that statement, but that’s a topic for another day).
On October 6, 2015, Democratic Presidential candidate Bernie Sanders went a few steps further, co-sponsoring the Workplace Democracy Act (S. 2142). Similar to the Employee Free Choice Act which failed to pass Congress in 2010 (despite Democratic majorities in both Houses), the Sanders bill would allow the NLRB to certify a union based solely on authorization cards signed by a majority of employees in the bargaining unit. The bill would require employers to begin negotiating within 10 days of receiving a request for bargaining, and binding arbitration would be required if no agreement is reached within 90 days.
Neither bill is expected to pass the House or Senate, despite the President’s ringing endorsement. However, the introduction of these bills shows that notwithstanding its recent troubles, organized labor remains a potent and important force in the hallways of Congress.