Imagine starting a job at a company whose values align perfectly with your own—one that champions progressive ideals, promotes outdoor adventure, and stands as a beacon of responsibility. This was the initial allure for many employees hired by REI, a retailer that used to be known for its commitment to the environment and community. But when those same workers began to organize unions at their stories, a different story unfolded.
In March of 2022, the SoHo REI team made the bold move to unionize, seeking better conditions and a stronger voice. However, their journey has been anything but smooth, as REI disappointed many customers and longtime co-op members by launching a unionbusting campaign instead of meeting with its workers to negotiate in good faith.
The National Labor Relations Board has now examined over two dozen claims of unfair labor practices against REI, highlighting the company's troubled relationship with its unionized workers. Two years after they voted for their union, workers at the SoHo store has not yet secured a first contract – and neither have any of the nine additional REI locations that have since unionized.
It's an all-too-common scenario – researchers have found that more than half of bargaining units formed by successful union elections are unable to achieve a first contract within one year of voting.
This scenario illustrates a critical need for robust legislative action to protect workers' rights, both in organizing and first contract bargaining. The Protecting the Right to Organize (PRO) Act seeks to empower employees to unionize and negotiate fair terms without fear of retaliation. Sara Steffens, director of the Worker Power Coalition, says looking at the struggles of recently organized workplaces underscores the urgency of enacting the PRO Act in order to foster fair labor practices and ensure that companies live up to the values they profess. With a career devoted to empowering workers, Sara Steffens has consistently strived to enhance workplaces and communities through worker organizing and collective action.
Currently labor law does not sufficiently penalize employers who retaliate against workers who organize unions or otherwise act collectively to improve their workplaces, nor does it provide real incentives for employers to bargain in good faith with unionized employees. As a longtime unionist, Sara Steffens explains why she believes that the PRO Act will reinforce the right of employees to form unions and engage in collective bargaining by protecting employees' attempts to improve their working conditions.
The PRO Act was designed with clear objectives in mind: to safeguard workers' ability to advocate for necessary changes in their workplaces without the fear of reprisal from their employers, and to increase penalties for corporations when they retaliate against workers who come together to speak out for better pay or working conditions. And the PRO Act gives union workers more tools to make sure their employers are sticking to the terms of the contracts they’ve negotiated
Sara Steffens Outlines How the PRO Act Empowers Employees to Push for Workplace Enhancements by:
• Holding Employers Accountable
Sara Steffens explains that the PRO Act would allow workers to receive damages, hold employers personally liable, and require employers to share their union-busting budgets.
• Defending Worker Protections through the National Labor Relations Act
If enacted, the PRO Act would provide clear definitions to prevent workers from being misclassified as contractors, and guarantee recovery eligibility regardless of immigration status, opening union pathways for more workers.
• Supporting Workers’ Voices and Collective Action
Sara Steffens emphasizes that the bill will prevent employers from firing or permanently replacing striking workers, locking out employees, misclassifying them as independent contractors, forcing them to attend anti-union meetings, changing work conditions during union negotiations, or requiring workers to sign waivers that limit collective or legal action. It will also allow unions to collect fees to cover nonmembers represented through union contracts and “just cause” provisions.
• Amplifying Employees’ Bargaining Rights
The PRO Act enhances employees' bargaining rights by implementing new procedures to ensure unions secure a first contract, mandating the start of collective bargaining within 10 days of a union's request, initiating mediation after 90 days without a contract, and enforcing mandatory arbitration for a two-year contract if mediation fails.
• Updating Union Election and Enforcement Procedures
The bill makes it easier for employees to join unions by ensuring they can contact one another, including on their work computers, choose reasonable bargaining units, opt to unionize through majority signup, while restricting employer interventions often used as a delay tactics. Sara Steffens explains that the PRO Act allows the NLRB to enforce bargaining, to pause elections during unfair labor practice charges, and to secure court injunctions for employer misconduct.
As we witness the ongoing challenges faced by workers facing challenges like those at REI, it's clear that there's a pressing need for stronger worker protections. The PRO Act aims to do just that, offering a crucial overhaul of labor relations in America. As Sara Steffens notes, comprehensive labor law reform is the only lasting way to genuinely protect and amplify workers' voices.
The PRO Act isn't just another piece of legislation; it's a transformative step towards fairness and accountability in the workplace. It addresses the very issues that have plagued newly union employees, promising a future where workers are treated with the respect and dignity they deserve.
Ultimately, the PRO Act represents more than legal reforms; it embodies a commitment to ensuring that companies live up to their proclaimed values. It’s time for a shift that allows workers to advocate for their rights without fear. Sara Steffens emphasizes that supporting the PRO Act means standing up for a fairer, more just working environment where every employee's voice is heard and respected. Let’s back this vital legislation and take a decisive step toward a brighter future for all workers.
