You are on page 1of 4

Facts About the So-Called

“WORKPLACE DEMOCRACY ACT”

Executive Summary: The so-called “Workplace Democracy Act” was introduced in the 115th
Congress by Sen. Bernie Sanders [I-VT] and Rep. Mark Pocan [D-WI]. If passed, it will
radically alter labor law within the United States to exclusively favor unions to the detriment
of individual workers and their employers, as well as serve as the “foothold” for structural
change in the U.S. economy.

“I would argue, we won’t be fooled again. The Employee Free Choice Act, or something like
it, should be one of the very first things, because, grab that opportunity for structural
change. Put that as a foothold, and a whole bunch of other things start to open up based
on that.”
Bill de Blasio, New York City Mayor, March 17, 2019

The following pages are a summary of the bill’s provisions.


The entire bill and its co-sponsors can be found at www.WorkplaceDemocracyAct.org.

WORKPLACE DEMOCRACY ACT: A SUMMARY


•   Effectively eliminates secret ballot elections
•   Mandates government-imposed contracts
•   Eliminates all right to work laws
•   Restricts employers’ free speech through bureaucratic red tape
•   Outlaws so-called “captive-audience meetings”
•   Imposes Obama-era joint-employer standards
•   Allows for secondary boycotts
•   Redefines Section 2(11) Supervisors to put more workers into unions

www.WorkplaceDemocracyAct.org 1  
WORKPLACE DEMOCRACY ACT: CARD CHECK
“If the Board finds that a majority of the employees in a unit appropriate for purposes of collective
bargaining has signed valid authorizations designating the individual or labor organization specified in
the petition as their bargaining representative and that no other individual or labor organization is
currently certified or recognized as the exclusive representative of any of the employees in the unit, the
Board shall not direct an election but shall certify the individual or labor organization as the
representative described in subsection (a). [Emphasis added.] [WDA, p. 6]”

WORKPLACE DEMOCRACY ACT: GOVERNMENT-IMPOSED CONTRACTS


STEPS…
1)   NEGOTIATIONS WITHIN 10 DAYS OF UNION CERTIFICATION
2)   AFTER 90 DAYS OF NEGOTIATIONS: MEDIATION
3)   AFTER 30 DAYS OF MEDIATION: MANDATORY ARBITRATION
4)   “The arbitration board shall render a decision settling the dispute and such decision shall be
binding upon the parties for a period of 2 years, unless amended during such period by written
consent of the parties. [WDA, p. 5]”

WORKPLACE DEMOCRACY ACT: NO RIGHT TO WORK STATES


The so-called “Workplace Democracy Act” eliminates all Right-to-Work state laws.
“PREEMPTING STATE RIGHT-TO-WORK FOR LESS LAWS. —Subsection (b) of section 14 of
the National Labor Relations Act (29 U.S.C. 164) is repealed. [WDA, p. 7]”

WORKPLACE DEMOCRACY ACT: RED TAPE TO SILENCE EMPLOYERS


MANDATES:
•   Reporting requirement of Any consultant, individual or firm “involving activities to disfavor a
labor organization or weaken the rights of employees”
•   Registration AND CERTIFICATION of consultants with the Department of Labor (DOL)
•   Criminal background checks (at the consultant’s expense)
•   Consulting agreements agreements must be reported to the DOL Secretary “every 7 days if
such a payment was made during such 7-day period”
•   For the 7-day period immediately prior to the date any payments made to (or received by)
consultant(s), et al. must be reported to the DOL every 24 hours

www.WorkplaceDemocracyAct.org 2  
•   No later than 7 days after “NEGATIVE INFORMATION” is disseminated to employees, the
employer MUST send send the information “including the names and contact information for
employees receiving the information, to the affected labor organization and to the Secretary”
•   EMPLOYERS: a civil penalty in an Amount not to exceed $10,000 for each violation
•   CONSULTANTS: a civil penalty OF $250 PER DAY for each day not in compliance

WORKPLACE DEMOCRACY ACT: JOINT EMPLOYER


“An employer shall be considered a joint employer of employees of another employer for
purposes of this Act, if such employer possesses, reserves, or exercises enough direct or
indirect control over such employees’ essential terms and conditions of employment to permit
meaningful collective bargaining between the employer and such employees. [WDA, p. 7]’’

WORKPLACE DEMOCRACY ACT: NO EMPLOYEE MEETINGS


Outlaws so-called “captive-audience meetings” by adding to Employer “Unfair Labor Practices” Section
8(a)…

“(6) to coerce any employee into attending or participating in campaign activities that are
unrelated to the employee’s job duties. [WDA p. 3]’’

WORKPLACE DEMOCRACY ACT: SECONDARY BOYCOTTS

ELIMINATES SECTION 303 OF THE LABOR MANAGEMENT RELATIONS ACT (TAFT-


HARTLEY AMENDMENTS) THAT ALLOWS EMPLOYERS TO SUE FOR DAMAGES
INCURRED AS A RESULT OF SECONDARY BOYCOTTS [WDA p. 8].

WORKPLACE DEMOCRACY ACT: SUPERVISORS


CHANGING THE DEFINITION OF SUPERVISOR, AS FOLLOWS:

“SECTION 2(11) The term "supervisor" means any individual having authority, in the interest of
the employer and for a majority of the individual’s worktime to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to
direct them, or to adjust their grievances, or effectively to recommend such action, if in
connection with the foregoing the exercise of such authority is not of a merely routine or clerical
nature, but requires the use of independent judgment.”

www.WorkplaceDemocracyAct.org 3  
For more information, go to:
www.WorkplaceDemocracyAct.org

www.WorkplaceDemocracyAct.org 4