In May 2021, the Arizona Legislature passed and Governor Doug Ducey signed Senate Bill (SB) 1268, which imposes stricter reporting obligations on private sector unions by requiring “fiduciary policies similar to those required by third-party employers or administrators.” Under SB 1268, a union must disclose the following detailed information annually to its members and employers: The PRO Act, which stands for Protecting the Right to Organize Act of 2021, would enact dozens of sweeping changes to existing labor law in favor of unionization. Unions such as the AFL-CIO support the measure. President Joe Biden has promised to sign the bill when it comes to his office. Meanwhile, the two Arizona senators, Kyrsten Sinema and Mark Kelly, are currently opponents who are preventing the law from moving forward. But the pressure is there. The PRO law is being sold as a way to make it easier for workers to join unions. In reality, it forces more Americans to join unions they don`t want to join. It was only Joe Biden`s retaliation against union bosses that helped him enter the White House. Created by FindLaw`s team of legal writers and writers | Last updated on June 20, 2016, is because California imposes an “ABC” test, a tool regulators use to reclassify those with flexible regulations into old-fashioned employment models, making them easier for unions to control. Arizona is a “right to work.” Non-governmental employers cannot refuse employment to someone on the grounds that they are not part of a local labour organization and cannot dismiss an employee because of their union status (ARS 23-1302).
Arizona workers have the right to join unions, but unions cannot demand dues from workers who are not members of the union. And that would only be the beginning. There are 2.6 million Arizonans whose jobs could be unionized under the NLRA. If pro law becomes law, each of these people could be unionized and forced to pay union dues. And the PRO law would greatly facilitate the unionization of workers against their will: it would not only abolish the right to work, but would also allow unions (among others) to pressure workers to sign a card authorizing a union for their workplace, rather than holding a secret ballot. First, a bit of context. Since 1935, the National Labour Relations Act (NLRA) has granted unions a unique legal privilege: they can represent all workers in a unionized company – including those who do not want to be represented by a union – and force an employer to negotiate with a union, whether they like it or not. This is a heavy burden on the freedom of association and contractual freedom of workers and companies.
In this country, there has always been debate about unions, unions, and employment issues in general, especially in recent years, as more and more Americans have lost their jobs and the state of the economy has continued to affect struggling families. “Most people are not aware of this concept, and for a very good reason, because secondary boycotts and pickets have been illegal since 1947. For more than 70 years, it has been illegal to engage in this type of activity,” he said. “Congress specifically banned it because it so disrupted the free flow of trade.” But the threat is not over yet. Some have tried to introduce the provisions of the PRO bill into the massive budget vote and infrastructure proposals that Congress has considered, apparently in the hope that opponents will abandon their opposition to adopt higher-priority measures. And the unions and other left-wing activists continue to push for Sinema and Kelly to give in. DISCLAIMER: Due to the generality of this update, the information contained in this document may not be applicable in all situations and should not be implemented without specific legal advice based on certain situations. A long list of new regulations are preoccupied to businesses, ranging from requirements that limit freelancers` ability to be flexible on their own working hours, to the possibility that union organizers could use coercive measures that have long been considered illegal. It is important to note that SB 1268 requires private sector unions to allow members to “receive health and social, retirement, vacation, sickness or vacation benefits [of their choice] instead of the benefits offered by the [union]”. SB 1268 also prevents a union from collecting dues from workers who have not voluntarily joined the union and provides a private right of action for injured workers who have received dues from their paycheques without their consent. Read the full report of the Institute for the American Worker on pro act here. Read the summary of the potential impact of the PRO Act on Arizona here.
Business News/Arizona`s Right to Work Act Threatened by federal PRO law But since 1947, federal law has at least allowed states to partially mitigate the imposition of workers` freedom by passing so-called “right to work” laws that protect unionized workers from the requirement to join a union as a condition of their employment. Under current law, union organizers can talk to an employer and employees if they are trying to unionize. If secondary boycotts are allowed under the PRO Law, union organizers could target all the companies the company does business with, occupy its parking lots and disrupt its customers. Supporters of the PRO Bill say the measure would restore economic fairness by strengthening federal laws that protect workers` right to join a union. But what they don`t mention is the number of measures that could have adverse consequences for workers and job creators, Spencer said. Robb: Would Sinema and Kelly really destroy parts of the Arizona Constitution? Airlines and railways are not protected by a state`s right-to-work laws. “So there are certainly personal costs for workers, but there are also greater economic costs for states,” he said. The Protection of The Right to Organize Act, known as the PRO Act, was recently passed by the Democratic-controlled House of Representatives and is currently before the Senate. Majority Leader Chuck Schumer promised AFL CIO leader Richard Trumka to put the measure on the field if it had 50 co-sponsors. Currently, Arizona and 26 other states have a right-to-work law that gives workers the choice of whether or not to join a union.
States that do not have a right-to-work law require workers to pay union dues and labor costs as a condition of employment. This could harm both workers` finances and their freedom. According to the Institute for the American Worker report, the annual dues of the eight largest NLRA union members in Arizona range from $200 to $3800 per year, an average of nearly $850 per year. Learn more about FindLaw`s newsletters, including our Terms of Service and Privacy Policy. California workers have already been punished by their own version of the PRO Act. They no longer have the freedom and flexibility offered by the gig economy or more traditional independent entrepreneur roles. But the working class bosses are stuck in the past and want Sens. Sinema and Kelly to join them there.