By Patrick Penn
Kansas has long been a place where hard work and opportunity go hand in hand. As someone who overcame adversity in the foster care system, served in the Army, built a career at Textron Aviation, and was elected to the Kansas State Legislature, I know firsthand how important it is to protect opportunities for working families. Unfortunately, the latest Big Labor proposal in Washington—a watered-down version of the failed PRO Act—threatens to make it harder for workers to get ahead.
This so-called labor reform bill is nothing more than repackaged policies championed by Senators on the east coast like Bernie Sanders, Elizabeth Warren, and Ed Markey—policies that Congress, the courts, and even the National Labor Relations Board (NLRB) have repeatedly rejected.
One of the most troubling aspects of this proposal is its provision to shorten the timeline for union elections to fewer than 20 business days. While union elections already happen quickly – often within a month – forcing an even more compressed timeline would create a serious imbalance.
Unions spend months organizing behind the scenes before employers even know about the campaign. This gives workers a one-sided view of unionization before they’ve had a chance to hear all the facts. Small businesses, which often lack the legal resources to navigate these complex proceedings, would be particularly disadvantaged.
Another dangerous provision in this proposal would ban employers from holding mandatory meetings where they can present their position on unionization. While unions have unlimited access to employees this rule would effectively gag employers, preventing them from sharing important information during paid working hours.
The right of employers to communicate with their workers has been upheld by Congress, the NLRB, and the Supreme Court. Yet this provision would strip away that right, leaving many workers to make decisions without hearing both sides.
The legislative framework floating around the halls of Congress also mandates that employers and unions begin negotiations within 10 days of certification and reach an agreement within months. This timeline is unrealistic and disregards the complexities of collective bargaining. Negotiations over wages, benefits, and working conditions take time.
The consequence for not reaching an agreement in time is mandatory arbitration. In other words, this legislation would give federal bureaucrats the authority to dictate workers’ wages, benefits, and working conditions. This would be an unprecedented overreach into the private sector. Arbitrators have no insight into the business and have no idea what the employer can actually afford. They also have no access to the workers, meaning workers would be stripped of their ability to provide input or even strike against a final contract, leaving them with less of a voice in their workplaces. Moreover, it incentivizes unions to make extortive demands during negotiations, knowing that even if the employer doesn’t agree, the arbitrator may impose those demands anyway, even if the business can’t afford it. The ability to negotiate freely has always been a cornerstone of American labor law, and this heavy-handed approach threatens to upend that balance.
Another concerning aspect of this proposal is its disproportionate punishment for businesses while giving unions a free pass. Employers found to have committed unfair labor practices would face massive civil penalties – up to $50,000 per violation, with executives personally liable. Yet, there are no comparable penalties for union leaders who violate labor laws. The Wall Street Journal correctly pointed out that this type of penalty structure would disproportionately harm small businesses.
The policies in this bill would raise labor costs, discourage job creation, and ultimately limit the options available for the next generation of hardworking Kansans. Instead of resurrecting failed union policies, Congress should focus on policies that expand economic opportunity. I urge Senators Roger Marshall and Jerry Moran, and our entire congressional delegation to stand up for Kansas businesses and workers by rejecting any legislation that emerges from this misguided proposal. Kansas has always been a place where hard work pays off—let’s keep it that way.
Rep. Patrick Penn represents District 85 in the Kansas House of Representatives.
