S 1306 — Protecting the Right to Organize Act of 2019

Summary

Protecting the Right to Organize Act of 2019 This bill amends the National Labor Relations Act and related labor laws to extend protections to union workers. Specifically, it revises the definition of "employee" and "supervisor" to prevent employers from classifying employees as exempt from labor law protections, expands unfair labor practices to include prohibitions against replacement of or discrimination against workers who participate in strikes, makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership, permits workers to participate in collective or class action litigation, allows injunctions against employers engaging in unfair labor practices involving discharge or serious economic harm to an employee, expands penalties for labor law violations, including interference with the National Labor Relations Board or causing serious economic harm to an employee, and allows any person to bring a civil action for harm caused by labor law violations or unfair labor practices.

Bill Text

• Introduced Introduced in Senate Current html May 02, 2019

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The bill amends various provisions of the National Labor Relations Act to enhance protections for workers' rights and collective bargaining.

• 29 U.S.C. 152(2)

  Two or more persons shall be employers with respect to an employee if each such person codetermines or shares control over the employee's essential terms and conditions of employment. In determining whether such control exists, the Board or a court of competent jurisdiction shall consider as relevant direct control and indirect control over such terms and conditions, reserved authority to control such terms and conditions, and control over such terms and conditions exercised by a person in fact: Provided, That nothing herein precludes a finding that indirect or reserved control standing alone can be sufficient given specific facts and circumstances.

  This change clarifies the definition of 'employer' to recognize that multiple entities can share control over an employee's working conditions.

• 29 U.S.C. 152(3)

  An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless-- (A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact; (B) the service is performed outside the usual course of the business of the employer; and (C) the individual is customarily engaged in an independently established trade, occupation, or business.

  This amendment changes the definition of 'employee' to broaden protections and limit the classification of workers as independent contractors.

• 29 U.S.C. 164(b)

  Nothing in this subchapter shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law.

  This removes existing prohibitions on union security agreements, allowing unions and employers to agree on fair share fee arrangements.

• 29 U.S.C. 158

  The provisions related to imposing civil penalties for violations of this subchapter are included.

  This introduces civil penalties for violating labor laws, providing stronger deterrents against employer violations.

• 29 U.S.C. 159

  The right to collectively bargain shall include an expedited process for workers seeking an initial collective bargaining agreement.

  This establishes a process to ensure workers can more effectively negotiate initial collective bargaining agreements.

• 29 U.S.C. 151-164

  The NLRB is empowered to engage in self-enforcement of its orders.

  This allows NLRB orders to be self-enforcing, facilitating quicker compliance and resolution of labor disputes.

• 29 U.S.C. 151 et seq.

  Rights to engage in concerted activities for mutual aid or protection are explicitly protected.

  This strengthens protections for workers participating in collective actions, irrespective of formal union organization.

Action History

1. May 02, 2019

   Introduced in Senate

2. May 02, 2019

   Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsors

• Patty Murray · Primary

Subjects