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Biden's Infrastructure Plan a Boon for Unions

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April 5, 2021

President Joe Biden's multitrillion-dollar infrastructure proposal includes a major union handout that would overhaul labor law in the United States.

The White House released a fact sheet Wednesday detailing Biden's proposed $2 trillion infrastructure package that includes a call to pass the PRO Act, which is currently languishing in the Senate after passing the House. The law would overturn right-to-work laws in 27 states and expand the ability of the National Labor Relations Board to fine employers that violate employees' organizing rights.

"[Biden] is calling on Congress to ensure all workers have a free and fair choice to join a union by passing the Protecting the Right to Organize (PRO) Act, and guarantee union and bargaining rights for public service workers," the fact sheet states. The sheet also says that increased union membership can increase worker productivity. The labor overhaul, however, would overturn existing laws in more than half of the states in the country that allow employees to work without requiring union membership.

Biden's infrastructure plan would also provide a massive handout to the Service Employees International Union by allocating $400 billion for in-home Medicaid health care. In many Democratic-run states, in-home Medicaid health workers are forced to join the SEIU, a major Democratic donor and labor union with nearly two million members.

Critics of the proposal said Biden is using the infrastructure package as "cover" to pass pro-union reform.

"By using his massive infrastructure proposal as cover for denying millions of American workers their right to decide for themselves whether or not to subsidize union activities, President Biden is proving that his top priority is really building the forced-dues empire of his union boss political allies," Mark Mix, president of the National Right to Work Committee, said. "The so-called PRO Act will eliminate by federal fiat all 27 state right-to-work laws and give union bosses a whole host of other new coercive tools to force workers into compulsory dues payments and one-size-fits-all union 'representation.'"

The infrastructure bill, which Democrats have called "must-pass" legislation, may be the best vehicle for advancing the controversial PRO Act. Biden's strong endorsement of the labor law has not helped it advance through the Democratic-controlled Senate. Majority Leader Chuck Schumer (D., N.Y.) reportedly told AFL-CIO leaders that he would not bring it to the floor without 50 cosponsors, according to the Intercept. Sens. Joe Manchin (D., W.Va.), Mark Kelly (D., Ariz.), Kyrsten Sinema (D., Ariz.), Mark Warner (D., Va.), and Angus King (I., Maine) have yet to back the package.

Other union watchdogs said the Democratic holdouts are right to be skeptical of the bill. Charlyce Bozzello, communications director at the Center for Union Facts, said the passage of the act could harm workers who are struggling to recover from the economic impacts of the coronavirus pandemic.

"Far from providing a 'free and fair' choice for workers, the PRO Act is nothing more than a union wishlist," Bozzello said. "The bill does little to support American workers who are struggling to get back on their feet after the pandemic. Instead, it would consolidate more control with our country's labor unions, force more employees to pay union dues as a condition of employment, override the right to a secret ballot election, and threaten the livelihood of countless freelancers."

Biden unveiled the infrastructure package at a speech in Pittsburgh on Wednesday. He urged quick congressional action on the package, which Democratic lawmakers have said they want to pass by Independence Day. He also said that he wants to include Republicans in negotiations, but other Democratic leaders have indicated that they could push the infrastructure package through via the budget reconciliation process.

The passage of the PRO Act would likely require the elimination of the Senate filibuster, however, which would allow the Senate to move forward on a number of other Democratic legislative initiatives. Manchin and Sinema have said they oppose ending the filibuster.

The Biden administration did not respond to a request for comment.

Published under: Biden , Big Labor , PRO Act