Congress should take an all of the above approach to supporting unions

America’s workers haven’t been able to count on Congress for decades. Far too often Congress passes bills that support the whims of CEOs, but do little for the workers that keep America’s economy running. Over the decades Americans have borne the consequences: union membership has dropped, while economic inequality and insecurity have increased.  

Yet, even in this divided Congress there are signs of a path forward. 

In recent weeks legislators introduced multiple pro-labor bills and the Senate Health, Education, Labor and Pensions Committee held a hearing on corporate union busting. Most importantly a bipartisan group of lawmakers reintroduced the Protecting the Right to Organize (PRO) Act. Studies show that in order for workers to be able to freely and fairly join unions and bargain collectively with employers on a relatively even playing field, policymakers need to create a broadly supportive legal and political environment — which means Congress must pass multiple-pro-union bills and hold corporations accountable for their transgressions. And while passing major pro-worker legislation will be difficult with a divided Congress, there are still opportunities to make big and small changes that will add up to level the playing field for workers.

Shining the spotlight on common union-busting tactics is a good start as the Senate labor committee did in early March at a hearing led by Senate Health, Education, Labor and Pensions Committee Chairman Bernie Sanders (I-Vt.). The committee also pressured former Starbucks CEO Howard Schultz to agree to testify about the company’s alleged anti-union activities at a future hearing. A federal labor judge found that Starbucks interfered with a union election by illegally firing union activists and violated workers’ rights “hundreds of times.” The National Labor Relations Board — the agency enforcing union rights — argues Starbucks “continues to violate the law in egregious ways.”

As the hearing highlighted, far too many companies engage in these types of activities. Further, an estimated three-quarters of employers hired anti-union consultants in union elections with more than 50 workers. Union-avoidance consulting firms try to convince workers to vote against the union, but even worse is that sometimes their goal is to prevent a union election from taking place at all. One union-avoidance consulting firm advertises that it can help employers “not only to win your election but also teach your staff advanced techniques for union avoidance to ensure your company never goes through a union election again.”

Congress also showed earlier this month that they could stop taxpayers from effectively subsidizing these types of anti-union activities. The No Tax Breaks for Union Busting Act which was introduced by Sen. Bob Casey (D-Pa.), would — as its name suggests — prevent corporations from deducting the costs of their anti-union activities, such as the costs of hiring anti-union consultants to “educate” workers. This small yet important fix to the tax code deserves greater attention in the effort to strengthen workers’ rights. 

The bill would not only help give workers a fairer shake, but it would also save taxpayer money, with rough approximations suggesting savings of at least $71 million per year.

Additionally, earlier this month, Casey also introduced the Tax Fairness for Workers Act which would restore the ability of workers to deduct the costs of unreimbursed employee expenses such as union dues and the out-of-pocket cost of uniforms and tools. This deduction was cut by President Trump’s tax law.

There are many other steps Congress should take, including providing sufficient funding for the National Labor Relations Board to properly enforce labor laws and ensuring that the pro-worker standards on President Biden’s industrial policy laws are fully implemented

But there is no more significant legislation for workers than the Protecting the Right to Organize (PRO) Act. Reintroduced, at the end of February, the PRO Act has long been the north star for union supporters because it addresses many of the major flaws in U.S. labor law that corporations abuse to undermine unionizing workers. The bill would, for example, impose monetary penalties for firing workers who speak up on the job, ban coercive measures such as captive audience meetings, and create a process to encourage workers and employers to reach a first contract. Passing the PRO Act should be a top priority for this Congress. Working Americans want our government to rebuild bargaining protections. Over 70 percent of Americans support labor unions, and nearly half would like to join one — yet because of the law’s failings just 6 percent of private sector workers are union members. Building a more pro-worker political environment won’t happen overnight, but pressure on corporate law breakers can lead to bill introductions which can lead to votes and bill passage, and ultimately a more economically secure, prosperous country. The past few weeks show a path forward even in a divided Congress for members who care about America’s workers to start prioritizing workers and their rights, what’s needed now is for members to keep the momentum going.

Congress should make every attempt to pass the PRO Act, but they should not stop their efforts there.

David Madland is the author of “Re-Union: How Bold Labor Reforms Can Repair, Revitalize, and Reunite the United States” and is a senior fellow at the Center for American Progress.