The Biden Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions

Strong unions built the great American middle class. Everything that defines what it means to live a good life and know you can take care of your family – the 40 hour work week, paid leave, health care protections, a voice in your workplace – is because of workers who organized unions and fought for worker protections. Because of organizing and collective bargaining, there used to be a basic bargain between workers and their employers in this country that when you work hard, you share in the prosperity your work created.

Today, however, there’s a war on organizing, collective bargaining, unions, and workers. It’s been raging for decades, and it’s getting worse with Donald Trump in the White House. Republican governors and state legislatures across the country have advanced anti-worker legislation to undercut the labor movement and collective bargaining. States have decimated the rights of public sector workers who, unlike private sector workers, do not have federal protections ensuring their freedom to organize and collectively bargain. In the private sector, corporations are using profits to buy back their own shares and increase CEOs’ compensation instead of investing in their workers and creating more good-quality jobs. The results have been predictable: rising income inequality, stagnant real wages, the loss of pensions, exploitation of workers, and a weakening of workers’ voices in our society.

Biden is proposing a plan to grow a stronger, more inclusive middle class – the backbone of the American economy – by strengthening public and private sector unions and helping all workers bargain successfully for what they deserve.

As president, Biden will:

Check the abuse of corporate power over labor and hold corporate executives personally accountable for violations of labor laws;

Encourage and incentivize unionization and collective bargaining; and

Ensure that workers are treated with dignity and receive the pay, benefits, and workplace protections they deserve.

This plan is a critical addition to Biden’s proposals to ensure all workers have access to quality, affordable health care; to guarantee all workers are able to send their children to quality public schools and have access to universal pre-kindergarten; to provide education and training beyond high school, including federally Registered Apprenticeships; to support a clean energy revolution that creates millions of unionized middle-class jobs; and to meet our commitment to invest first in American workers and ensure that labor is at the table to negotiate every trade deal. In the months ahead, Biden will continue to outline in further detail his related proposals, including on issues related to pensions, starting with passing the Butch Lewis Act; infrastructure investments and project labor agreements; and workplace equality.

CHECK THE ABUSE OF CORPORATE POWER OVER LABOR

President Trump and Republican leadership think this country was built by CEOs and hedge fund managers, but they’re wrong. Joe Biden knows that our country was built by hard-working Americans. While we could survive without Wall Street and investment banks, our entire economy would collapse without electricians to keep our lights on, auto workers on the line building our cars, drivers who deliver all things we need for our daily lives to our markets, firefighters, ambulance drivers, service workers, educators, and millions more.

Yet employers steal about $15 billion a year from working people just by paying workers less than the minimum wage. On top of that, workers experience huge losses in salary caused by other forms of wage theft, like employers not paying overtime, forcing off-the-clock work, and misclassifying workers. At the same time, these companies are raking in billions of dollars in profits and paying CEOs tens and hundreds of millions of dollars.

In addition, employers repeatedly interfere with workers’ efforts to organize and collectively bargain. In nearly all union campaigns, corporations run a campaign against the union. Three in four employers hire anti-union consultants, spending approximately $1 billion each year on these efforts. Corporations fire pro-union workers in one of every three union campaigns and about half of corporations threaten to retaliate against workers during union campaigns. Even workers who successfully are able to form a union are later impeded by corporations who bargain in bad faith. About half of newly organized groups of workers do not have a contract a year later and one in three remain without a contract two years after a successful union election.

Biden will ensure employers respect workers’ rights. Specifically, he will:

Hold corporations and executives personally accountable for interfering with organizing efforts and violating other labor laws. Biden strongly supports the Protecting the Right to Organize Act’s (PRO Act) provisions instituting financial penalties on companies that interfere with workers’ organizing efforts, including firing or otherwise retaliating against workers. Biden will go beyond the PRO Act by enacting legislation to impose even stiffer penalties on corporations and to hold company executives personally liable when they interfere with organizing efforts, including criminally liable when their interference is intentional.

Aggressively pursue employers who violate labor laws, participate in wage theft, or cheat on their taxes by intentionally misclassifying employees as independent contractors. As president, Biden will put a stop to employers intentionally misclassifying their employees as independent contractors. He will enact legislation that makes worker misclassification a substantive violation of law under all federal labor, employment, and tax laws with additional penalties beyond those imposed for other violations. And, he will build on efforts by the Obama-Biden Administration to drive an aggressive, all-hands-on-deck enforcement effort that will dramatically reduce worker misclassification. He will direct the U.S. Department of Labor to engage in meaningful, collaborative enforcement partnerships, including with the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission, the Internal Revenue Service, the Justice Department, and state tax, unemployment insurance, and labor agencies. And, while Trump has weakened enforcement by sabotaging the enforcement agencies and slashing their investigator corps, Biden will fund a dramatic increase in the number of investigators in labor and employment enforcement agencies to facilitate a large anti-misclassification effort.

Ensure federal dollars do not flow to employers who engage in union-busting activities, participate in wage theft, or violate labor law. Biden will institute a multi-year federal debarment for all employers who illegally oppose unions, building on debarment efforts pursued in the Obama-Biden Administration. Biden will also restore and build on the Obama-Biden Administration’s Fair Pay and Safe Workplaces executive order, which Trump revoked , requiring employers’ compliance with labor and employment laws be taken into account in determining whether they are sufficiently responsible to be entrusted with federal contracts. He will ensure federal contracts only go to employers who sign neutrality agreements committing not to run anti-union campaigns. He also will only award contracts to employers who support their workers, including those who pay a $15 per hour minimum wage and family sustaining benefits. The tax dollars of hard-working families should not be used to damage the standard of living of those same families.

Penalize companies that bargain in bad faith. Too many employers pretend to bargain with unions (“surface bargaining”) with no intent of reaching an agreement. Biden will give the NLRB the necessary power to force any employer found to be bargaining in bad faith back to the negotiating table, as called for in the PRO Ac t . And, he will require those companies to pay a penalty, in addition to making workers whole for the time the company stalled negotiations.

ENCOURAGE AND INCENTIVIZE UNION ORGANIZING AND COLLECTIVE BARGAINING

Unions and collective bargaining are essential tools for growing and sustaining a stronger, more inclusive middle class. 16 million workers in the United States are union members or are in a job that provides them union representation. More than six in ten of those individuals are women and/or people of color. Union workers earn roughly 13% more than non-union workers on a similar job site. They also experience drastically lower rates of labor standards violations, like employers engaging in wage theft or failing to meet safety and health requirements.

But today, union members make up just 10.5% of the American workforce. That’s down from 35% in the 1950s. It is no coincidence that this decline has occurred at the same time as rising income inequality. When workers are blocked from organizing and engaging in collective bargaining, stagnant wages and a declining middle class are the predictable result.

Joe Biden believes the federal government should not only defend workers’ right to organize and bargain collectively, but also encourage collective bargaining. That’s the mission put forward by the National Labor Relations Act, signed into law in 1935, which states that “encouraging the practice and procedure of collective bargaining” is part of the “policy of the United States.”

Toward that end, President Biden will:

Make it easier for workers who choose to unionize to do so. Today, workers face an uphill battle of anti-union intimidation and intense employer opposition when trying to organize a union. And, too many employers are able to “run out the clock” on negotiating an initial collective bargaining agreement. Biden strongly supports the provisions of the PRO Act that address union organizing, as well as additional aggressive remedies that will:

ban employers’ mandatory meetings with their employees, including captive audience meetings in which employees are forced to listen to anti-union rhetoric;

reinstate and codify into law the Obama-Biden Administration’s “persuader rule ” requiring employers to report not only information communicated to employees, but also the activities of third-party consultants who work behind the scenes to manage employers’ anti-union campaigns;

codify into law the Obama-Biden era’s NLRB rules allowing for shortened timelines of union election campaigns; and

stop employers from stalling initial negotiations with newly formed unions.

A co-sponsor of the original Employee Free Choice Act, Biden supports workers choosing to form a union if a majority signs authorization cards empowering a union to represent them. He will go beyond the PRO Act by allowing workers to use this process, called “card check,” as an initial option for forming a union, not merely an option granted when the employer has illegally interfered in the election process.

ENSURE THAT ALL WORKERS ARE TREATED WITH DIGNITY AND RECEIVE THE PAY, BENEFITS, AND WORKPLACE PROTECTIONS THEY DESERVE

During the Great Depression, Franklin Delano Roosevelt ushered in labor protections and established the safety net for a reason. The excesses of business threatened the very fabric of our community in the Roaring Twenties, as children slaved away in factories and workers labored for poverty wages. Basic protections like the minimum wage and overtime pay allowed workers to earn their fair share.

But it has been far too long since we have increased those standards. Today’s corporate culture treats workers as a means to an end and institutes policies to suppress wages.

As president, Biden will ensure that workers receive the pay and dignity they deserve. He will: