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AFP Key Vote Alert: Amendments to H.R. 842, the so-called Protecting the Right to Organize (PRO) Act

Mar 9, 2021 by AFP

Dear Member of Congress:


On behalf of activists in all 50 states, Americans for Prosperity will rate the following amendments to the PRO Act in our legislative scorecard. AFP issued a key vote alert on the underlying bill urging members of Congress to vote “NO” on H.R. 842.


I strongly urge you to vote YES on the following amendments: 


YES – Allen/Cline Amendment #2: Remove Section 111, which removes state right-to-work laws. Right-to-Work laws exist in 27 states and give private sector employees the same freedom as public sector employees to choose whether they wish to be members of a union and pay fees.


YES – Comer Amendment #3: Remove Section 202, which institutes a “persuader rule” that adds new restrictive disclosure requirements for employers with legal professionals and communication with consultants.


YES – Fitzgerald Amendment #5: Labor organizations must receive opt-in consent from employees before using dues for purposes outside of collective bargaining and contract administration.


YES – Fulcher Amendment #6: Codifies “vote and impound” process for blocking charges and 45-day decertification window for voluntary recognition. This prevents unions in particular from delaying recognition secret ballot elections and ensures employees have a chance to challenge unionization, including election issues, for 45 days after employers recognize unions.


YES – Good Amendment #7: Prohibits neutrality agreements, which prevent employers from communicating with employees about unionization even as unions have no such limitations placed on them when communicating with workers.


YES – Keller Amendment #10: Removes language that prevents employers from permanently replacing striking workers and that permits intermittent strikes. Intermittent strikes disrupt workplaces beyond even typical strikes while the inability of employers to hire new workers during strikes threatens their ability to remain in operation.


YES – Walberg Amendment #18: Requires at least 14 days between the filing of an election petition and a pre-election hearing instead of the 8 days maximum mandated in the PRO Act. Maintaining a time frame for proper consideration of union elections ensures a fairer process for employers and workers that the “ambush” elections language in the PRO Act severely undermines.


YES – Wilson/Allen/Gohmert Amendment #19: Institutes a right to work policy nationwide. Private sector employees should have the same freedom as public sector employees to choose if they want to be part of a union.


Instead of imposing new restrictions at a time when we can least afford it, Congress should focus on policies that expand worker freedom and eliminate barriers to opportunity during these challenging times.


These votes will be included in our legislative scorecard. 




Brent Gardner

Chief Government Affairs Officer

Americans for Prosperity