Sen. Tim Scott Introduces Bill to Curtail Union Power, Protect “Gig Workers”

Sen. Tim Scott is introducing legislation to curb
union
power and help workers who want to avoid unionization — the inverse of labor legislation sought by
Democrats
that could burnish the
South Carolina
Republican’s credentials for higher office.

The Employee Rights Act,
the text of which was provided exclusively to the Washington Examiner in advance of its Tuesday introduction
, would include protections for gig workers, a fast-growing category of workers that is the subject of intense fighting between unions and corporations. The legislation stands in stark contrast to the Protecting the Right to Organize Act pursued by Democrats, which would expand collective bargaining rights to gig workers, in addition to undoing state right-to-work laws.

“The complexities of our modern economy demand creative, forward-thinking legislation that gives workers and small-business owners stability and flexibility,” Scott said. “The Employee Rights Act puts workers back in the driver’s seat by giving them basic protections and the power to choose how to make a living for themselves and build a future for their families.”

The legislation is in some ways the antithesis to the PRO Act, which is meant to bolster the power of unions and is being pushed for by the Left and some congressional Democrats. The PRO Act faces sharp opposition from business groups and Republicans.

The Employee Rights Act, versions of which Scott has introduced in previous years, would guarantee that a majority of all employees have a right to a secret paper ballot election, help assist employees who are working with their employer to decertify a union they have lost confidence in, and require unions to receive opt-in permission from each member to use their union dues for political support.

The legislation, which is supported by dozens of pro-business groups, also seeks to fortify the independence of gig workers, such as Uber drivers, while still allowing them certain benefits from their parent company.

“The ERA would permit companies to offer benefits such as retirement incentives to independent contractors without forcing them into the employer-employee relationship,” a
website
created in support of the legislation reads.

In a Wall Street Journal
op-ed
released on Sunday, Scott said his legislation would support small-business owners and encourage innovation. He railed against the PRO Act, which might compel companies such as Uber to place workers on their payroll instead of just paying them for the services provided by drivers.

California has been a battleground for the ride-share debate. Lawmakers there in 2019 approved a bill that changed how gig workers are classified, establishing a list of criteria employers have to meet in order to prove a worker is truly an independent contractor.

Voters later that year passed a ballot measure that pushed back on the legislation and allowed that drivers for Uber and Lyft can be considered independent contractors, although a California judge recently found that provision unconstitutional and the matter is still being decided through the legal system.

Part of the PRO Act seeks to emulate that bill and would in essence expand the California law to the national level.

The PRO Act would also essentially end “right to work” laws that have been enacted in 27 different states that stop
unions
from requiring that employees pay dues or fees and dictate that employees who benefit from a collective bargaining agreement can be compelled to contribute to the union.

“Putting power first and employees last, failing to bring our laws up to speed with the modern economy, and limiting the options for entrepreneurs are all pillars on which the PRO Act was built. That is not the foundation on which we can build an economy that works for all Americans,” said Scott, who is seen as a potential 2024 presidential contender.

Among the backers of the Employee Rights Act are the U.S. Chamber of Commerce, the National Taxpayers Union, and the American Business Conference.

Senate Minority Leader Mitch McConnell signaled that the legislation, which is co-sponsored by several other senators, has his blessing in a Tuesday statement. He said that Democrats have been prioritizing “radical labor policies” that harm small businesses at the behest of union bosses.

“I’m proud to join my colleagues in introducing this commonsense bill that would ensure workers’ rights are protected against coercion from union bosses and provide a much-needed update to labor laws so they are more reflective of the modern economy,” said the Kentucky Republican.