Unions are among the largest beneficiaries of President Joe Biden’s $3.5 trillion “Build Back Better” spending plan that has united Republican opposition while splitting Democrats in Congress during nearly round-the-clock negotiations seeking sufficient votes for the legislation’s approval.
In the House of Representatives, Speaker of the House Nancy Pelosi (D-Calif.) faces warring moderate and progressive factions, each of whom are threatening to sink the reconciliation measure if fundamental changes aren’t made. Every change, though, risks reducing support from one faction or the other.
Schumer must keep all of his 49 Democratic colleagues on board with the legislation and hope for help from the Republican side. Pelosi only has a razor-thin majority and can afford to lose no more than a handful of Democrats in the House.
The reconciliation package is full of provisions favored by labor unions, which are traditionally among the party’s most generous and reliable sources of contributions and campaign workers.
Sherk, who was President Donald Trump’s chief labor policy adviser for nearly four years, wrote in the analysis that the legislation would “push” laborers into joining unions.
“There is nothing wrong with higher union membership when workers freely choose it,” he wrote. “Federal law gives private-sector workers the right to join a union or refrain from doing so.
“Unfortunately, many provisions in the reconciliation bill are designed to push workers into unions, rather than leaving the choice in their hands. Other provisions would boost union organizing in the short term, while making unionized companies less competitive over the long term.”
No staff meetings to discuss the pros and cons of unionization: The reconciliation measure “prohibits employers from holding mandatory staff meetings to discuss unionization. It punishes violations with very steep fines—up to $50,000 per employee who attends each,” according to Sherk.
Expands the definition of Unfair Labor Practices imposes steep fines on the company and its officers: Sherk contended that “since federal labor law is highly complex, this will expose many employers—especially small businesses—to potentially crippling fines for inadvertent violations.”
Federal subsidies for union political campaigns: The reconciliation measure includes a $250 tax credit that Sherk argued “indirectly subsidizes union political campaigns” on behalf of Democrats. The deduction wouldn’t be available to workers covered by agency agreements that allow them to withhold the portion of their dues that would otherwise go to union political campaign activities.
Tax credit for buyers of union-made electric vehicles (EV): The reconciliation measure provides a $4,500 federal tax credit for buyers of EVs produced by unionized companies. “This discriminates against employees on the basis of how they exercise their freedom of association, and encourages employers to deny their employees a secret ballot election before unionizing,” Sherk wrote.
Restricts independent contractors and freelancers: The Department of Labor’s budget would be increased by $400 million specifically to fund an “enforcement surge against independent contractors, seeking to reclassify them as employees subject to federal labor laws. Reclassified employees will lose much of the flexibility that independent contracting affords,” according to Sherk.
Prohibits permanent replacement workers: This provision is somewhat puzzling, according to Sherk, because “in the long term, it seems likely to lead unions to negotiate contracts that put unionized employers at a competitive disadvantage,” thus eliminating jobs.
“Some of the most egregious inclusions are a ’tax credit' conditioned on funding union political spending, one-sided penalties that let NLRB bureaucrats bully employers who refuse to hand over workers for union control, and a UAW chief-crafted tax provision that discriminates against American electric car manufacturers whose workers oppose union affiliation,” Mix said.
“Every senator should oppose this backdoor union boss bailout.”