The Protecting the Right to Organize (PRO) Act establishes meaningful penalties for employers who engage in coercive activities: Examples of illegal employer anti-union activities, current prevalence of charges for these activities, and penalties under the PRO Act
| Employer coercive activity | Share of union elections with ULP charge | Penalty under the PRO Act |
|---|---|---|
| Firing workers for union activity | 19.9% | The PRO Act imposes a civil penalty up to $50,000 per incident for illegal firings in retaliation for union activity; the penalty may be doubled (up to $100,000) if it is a repeat violation, that is, if the employer was previously found to have committed a violation causing economic harm to a worker at any time in the prior five years.
In addition, any worker who is illegally fired for engaging in union activity shall be awarded “back pay without any reduction (including any reduction based on the employee’s interim earnings or failure to earn interim earnings), front pay (when appropriate), consequential damages, and an additional amount as liquidated damages equal to two times the amount of damages awarded.” |
| Threatening to cut benefits and wages | 18.2% | The PRO Act imposes a civil penalty up to $50,000 per incident; the penalty may be doubled (up to $100,000) for repeat violations causing economic harm to workers. |
| Spying on workers engaged in union activities or creating the impression of spying | 13.9% | The PRO Act imposes a civil penalty up to $50,000 per incident; the penalty may be doubled (up to $100,000) for repeat violations causing economic harm to workers. |
| Questioning workers about union activity or support | 7.3% | The PRO Act imposes a civil penalty up to $50,000 per incident; the penalty may be doubled (up to $100,000) for repeat violations causing economic harm to workers. |
| Refusal to bargain in good faith | 18.6% | The PRO Act imposes a civil penalty up to $50,000 per incident; the penalty may be doubled (up to $100,000) for repeat violations causing economic harm to workers. |
Notes: Second column refers to the share of all union elections in our analysis that had an unfair labor practice (ULP) charge filed with the National Labor Relations Board (NLRB) alleging the specified violation.
Source: Authors’ analysis of the Protecting the Right to Organize Act of 2019, H.R. 2474, 116th Cong. (2019) (for penalties); and of National Labor Relations Board election data for calendar years 2016–2017 and ULP filings from fiscal years 2015–2018 (for ULP charges filed)