NLBMDA and NAHB oppose the PRO Act

3/5/2021

Both the National Lumber and Building Material Dealers Association (NLBMDA) and the National Association of Home Builders (NAHB) said they are opposed to new legislation that contains drastic revisions to labor laws.

The House of Representatives is expected to vote on H.R. 842, the Protecting the Right to Organize (PRO) Act next week. The bill includes more than 30 different proposals to reshape federal labor policy and is expected to pass the House.

“These changes would drastically alter the landscape of labor relations and have harmful effects on both employers and workers,” the NLBMDA said in a statement.

According to the NAHB, the labor law changes would negatively affect the construction labor market at a time of critical skilled worker shortages. 

The legislation would expand employers’ liability for the labor practices of subcontractors and third-party vendors and narrow the circumstances under which an individual can work as an independent contractor. If signed into law, the move would gut the contracting business model that serves as the foundation of the residential construction sector.

“This organized labor ‘wish list’ bill resurrects bad policies that have previously been rejected by Congress and courts alike,” the NAHB said.

The NLBMDA signed a letter to Congress with over 240 organizations expressing our concerns with the legislation and asking Congress to vote it down. 

NLBMDA has also created a new grassroots campaign where members can contact their elected officials and urge them to oppose the bill. NLBMDA encourages members to utilize this tool before the House’s expected vote next week.

Here is a summary of the PRO Act as provided by the NLBMDA:

  • Institute “card check” for union certification;
  • Roll back state “right-to-work” laws;
  • Change independent contractor classification;
  • Expand “joint employer” definition;
  • Limit the ability of employers to contest union election petitions;
  • Mandate binding arbitration upon employers and unions for two years when negotiating a first contract;
  • Restrict the ability of employers to obtain labor relations advice;
  • Facilitate union organizing in micro-units; and
  • Give employees the right to utilize employer electronic systems to organize and engage in protected concerted activity.

Congressional Democrats have released bill text here, a short summary here, and a section-by-section summary here.

 

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