Here’s A Look At Joe Biden's Plan To ‘Strengthen’ Unions ‘And The NLRB’
At its August 2020 Convention, the Democratic Party adopted a platform that incorporated elements of their nominee’s previously announced Biden Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions.
What would that look like?
The Biden Plan aims to restore the Labor Movement to its 1950s glory when Unions represented 35% of Private Sector Employees.
Today, Unions represent 6.2% of Private Sector Employees.
Biden claims there is a “war” on Organizing, Collective Bargaining, Unions and Workers that has been “raging for decades and getting worse.”
One plank of the Biden Plan would have substantial impact on Public Sector Employees, whose Collective Bargaining Rights have been eroded in Iowa, Florida, Wisconsin, Michigan and Indiana.
If elected president, Biden would aim to establish a Federal Right to Union Organizing and Collective Bargaining for all Public Sector Employees by signing into law the Public Safety Employer Employee Cooperation Act and the proposed Public Service Freedom to Negotiate Act.
The latter statute would set a minimum Nationwide Standard for Collective Bargaining Rights for all states, while still giving each state the flexibility to write and administer their own Collective Bargaining Laws, as long as they meet the Federal Minimum Standards.
It would not override state laws prohibiting Strikes by Police and Emergency Personnel.
The Biden Plan also focuses on changes with the National Labor Relations Board (NLRB) and the law it administrates, the National Labor Relations Act (NLRA).
One way it seeks to accomplish this is by abolishing so-called Right-To-Work (for less) Laws that currently exist in 27 states. These laws provide that a Labor contract may not require Union Membership as a condition of employment.
Unions dislike these laws because the NLRB requires them to represent Employees who do not join or pay dues, even the so called “Free Riders.”
The Biden Plan also supports abolishing Secret Ballot Elections among Employees who wish to select the Union. Rather, the Biden Plan would permit the Union to be formed if an Employee has collected Authorization Cards signed by a majority of Employees in the Unit, also known as “Card Checks.”
However, the Supreme Court ruled years ago that an employer may refuse to recognize a Union based solely on the Authorization Cards, stating that the Union can file a petition for an election.
So, legislation would be necessary to reverse the decision to allow Card Checks.
Another Biden Plan objective is to amend the NLRA’s Free Speech Provisions to prohibit employers from holding meetings with Employees during working time to discuss issues related to Union Representation and an upcoming NLRB election.
The law currently prohibits only captive audience speeches 24 hours before the poll’s opening.
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