PRO Act gains socialist support: The Democratic bill that would crush right-to-work laws

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Labor unions and socialist groups are whipping up support for a Democratic bill that would crush right-to-work laws in 27 states and that critics say mirrors a controversial state law that imperiled thousands of jobs in California.

The Protecting the Right to Organize (PRO) Act of 2021 is slated to be brought to the House floor for a vote this week. The bill contains many controversial provisions and aims to end states' right-to-work laws, among other provisions.

The PRO Act also includes a provision similar to the controversial Assembly Bill 5 that gutted California's gig economy when it was enacted by the state government last year.

Left-wing groups are mobilizing online in support of the bill. 

PRO ACT THREATENS RIGHT-TO-WORK LAWS: CHAMBER OF COMMERCE, NATIONAL RIGHT TO WORK COMMITTEE

The Democratic Socialists of America (DSA) launched a national campaign in support of the bill on Sunday, featuring author Naomi Klein and Rep. Jamaal Bowman, D-N.Y.  

The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) — a federation of American unions — is also urging support for the bill.

The PRO Act would overhaul the National Labor Relations Act (NLRA), aiming to end states’ authority to have right-to-work laws and preventing companies from replacing striking employees, among other major changes.

Right-to-work laws are popular in conservative states as they guarantee an employee's right to not join a labor union if they so choose and prevent union dues payments from being a requirement for employment. Twenty-seven states in the union, such as Texas and Wisconsin, have right-to-work laws, which have often been in the sights of labor unions and progressive groups.

Another controversial provision in the bill would expand the legal definition of what an employee is as well as shrink the legal definition of employers, similar to what was written in Assembly Bill 5.

Independent contractors are exempt from the NLRA, but the PRO Act would remove this exemption, enlarging the definition of what an employee is and making independent contractors eligible to join labor unions.

A Democratic aide from the House Education and Labor Committee told Fox News in an email that the PRO Act was "not California AB5" and "does not alter or amend federal or state laws governing wages and hours, unemployment insurance, workers’ compensation, and overtime."

"Rather, the PRO Act codifies the 'ABC Test' in order to determine whether workers are employees for the purpose of union organizing and collective bargaining," the aide wrote. The aide then pointed to the fact that "over 20 states" have implemented the "ABC Test for some purpose."

"Massachusetts uses the same test for its wage and hour laws, and unlike California, it does not exclude any industries from its coverage," the staffer added. "Illinois, Connecticut, and New Jersey also use similar tests, and also do not exclude any industries. Similarly, the PRO Act does not create any exemptions from the ABC Test."

Littler's Workplace Policy Institute warns that implementing the bill "would compel employers to terminate independent contractor relationships or submit to the added burdens of converting independent contractors to regular employees despite the preference of many contractors to remain independent.

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The controversial California Assembly Bill 5 was enacted in January of last year and killed jobs in the gig economy across the Golden State. The law eventually had to be scaled back.