Although the act is designed to change the NLRA , Haney said , legal scholars anticipate it will also apply to the Fair Labor Standards Act , which governs federal wage and hour requirements — meaning employees who previously didn ’ t qualify for those mandates may if the PRO Act becomes law .
Joint employer definition . The definition of a “ joint employer ” would also change . Currently , Haney said , contractors with multiple workers on a jobsite from various subs need only worry about potential liability if they have control over “ the essential terms and conditions of another firm ’ s employee .” With the PRO Act , an employer could be deemed liable with only “ indirect control or potential control .”
“ If there are multiple union employers on a single jobsite ,” Haney said , “ all such employers must have the wherewithal to navigate the NLRA , even in their interactions with another employer or another employer ’ s employees .”
Christianson said the resulting change could open company owners to liability from workers other than employees . They could also face secondary boycotts — where union workers don ’ t cross picket lines for strikes initiated by other unions on the jobsite . With multiple subcontractors on site , the AGC official said , work could halt over a labor dispute between just one union and its employer .
The IUPAT ’ s Williams , however , said the redefinition would bring benefits for many workers who he called “ woefully misidentified ” as independent contractors instead of employees .
“ Some of the worst actors have adopted that model , and that is bad for workers ,” he said .
Right-to-work . The PRO Act would remove the distinction of the “ right-to-work ” state , a model in which union security agreements are prohibited . There are 27 right-to-work states .
In non-right-to-work states , employers and labor unions agree to the extent the unions can compel workers to join via the collective bargaining agreement .
Opponents of the PRO Act say this provision would force workers to join unions and pay dues , but Haney said that is not necessarily the case .
“ The PRO Act does not require all employees in union industries to pay union dues . It just allows employers and unions in all states to enforce such a provision in their collective bargaining agreement if they so choose ,” Haney said in an email to Construction Dive . “ The policy basis for this shift is often called the ‘ fair share ’ approach to collective bargaining — that if a worker is going to benefit from union representation , they should have to contribute to the cost of such representation .”
The elimination of right-to-work laws could mean that open-shop contractors will face
8 DITCHMEN • FEBRUARY 2021