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In the mid-1950s, more than 30% of workers were members. Today only 11% are. Compare this to Germany where the unionized work force is almost double that at around 20%.

The National Labor Relations Act has various deficiencies or loopholes that have weakened the Labor Movement and we can address them through legislation like the PRO Act which addresses major obstacles that get in the workers' way and strengthens the ability of workers in the private sector to form unions and engage in collective bargaining:

  • Workers and the NLRB set union election procedures. The employer is not involved.

  • The NLRB is required to go to court and get an injunction to immediately reinstate workers if the NLRB believes the employer has illegally retaliated against workers for union activity.

  • Employers who commit violations under the NLRA face civil penalties, including individual liability for responsible corporate officials.

  • Workers gain a private right to civil action.

  • Collective and class action waivers are banned.

  • Employers must follow an “ABC” test to determine employee status and employee misclassification is a violation under the NLRA.

  • Employers are less able to evade their responsibilities because the PRO Act codifies a strong joint-employer standard (a defined set of criteria ensuring that employers who dictate workers’ terms of employment are considered joint employers and thus responsible for workplace protections).

  • States must allow private employers and unions to enter into “fair share” agreements.

  • Employers must follow a process for reaching a first agreement when workers organize, a process that uses mediation and then, if necessary, binding arbitration, to enable the parties to reach a first agreement.

  • Workers gain their full fundamental right to strike because the PRO Act removes prohibitions on secondary strikes, prohibits employers from permanently replacing striking workers, and bans the use of proactive lockouts by employers in which employers lock out employees who want to keep working.

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