https://www.foxnews.com/politics/hou...california-ab5Labor 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.
text of bill: https://www.congress.gov/bill/117th-.../text?r=13&s=2
The very first definition takes aim at the gig economy, classifying apps which control the "terms and conditions" of the participation of independent contractors as employers.
SEC. 101. DEFINITIONS.
(a) Joint Employer.—Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) is amended by adding at the end the following: “Two or more persons shall be employers with respect to an employee if each such person codetermines or shares control over the employee’s essential terms and conditions of employment. In determining whether such control exists, the Board or a court of competent jurisdiction shall consider as relevant direct control and indirect control over such terms and conditions, reserved authority to control such terms and conditions, and control over such terms and conditions exercised by a person in fact: Provided, That nothing herein precludes a finding that indirect or reserved control standing alone can be sufficient given specific facts and cir stances.”.
(b) Employee.—Section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)) is amended by adding at the end the following:“An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless—
“(A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact;
“(B) the service is performed outside the usual course of the business of the employer; and
“(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.”.
(c) Supervisor.—Section 2(11) of the National Labor Relations Act (29 U.S.C. 152(11)) is amended—
(1) by inserting “and for a majority of the individual’s worktime” after “interest of the employer”;
(2) by striking “assign,”; and
(3) by striking “or responsibly to direct them,”.
This oughtta be interesting.
No more free riders, if I had to guess, this will probably be most controversial provision of the PRO Act.
SEC. 111. FAIR SHARE AGREEMENTS PERMITTED.
Section 14(b) of the National Labor Relations Act (29 U.S.C. 164(b)) is amended by striking the period at the end and inserting the following: “: Provided, That collective bargaining agreements providing that all employees in a bargaining unit shall contribute fees to a labor organization for the cost of representation, collective bargaining, contract enforcement, and related expenditures as a condition of employment shall be valid and enforceable notwithstanding any State or Territorial law.”.
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