Union leaders are currently touring the country making misleading arguments about a bill you may not have heard of, but that—should it pass—would make radical and harmful changes to your workplace. 

The bill is called the Protecting the Right to Organize (PRO) Act. Put simply, it’s a wish-list for labor unions desperate to add new members. Rather than facilitating growth in the face of rising inflation and other economic headwinds, the legislation would instead rewrite our nation’s labor laws in at least 51 different ways, damaging businesses and hurting workers. 

The PRO Act has already passed the House, and President Biden can’t wait to sign it. Only the Senate is holding the line, and one key reason for that is that Arizona’s Senators, Mark Kelly and Kyrsten Sinema, have not signed onto this bill, which has 47 Senate co-sponsors—all Democrats. 

Senators Kelly and Sinema deserve credit for not supporting such highly partisan legislation. Their willingness to withstand organized labor’s ongoing pressure campaign speaks to their independence and commitment to do what is right for Arizona, rather than cave to unions. 

While it is not a household term, the PRO Act would impact millions of Arizonans by reshaping the relationship between employers and their employees. 

A particular concern is that the PRO Act would nullify right-to-work laws that exist in Arizona and 26 other states. That means workers could be forced to pay union dues—or be fired from their jobs. Right-to-work laws enjoy widespread public support, according to Gallup, with 71 percent of Americans supporting right-to-work laws versus only 22 percent who don’t. 

This dangerous legislation would also upend the traditional secret-ballot election process for choosing whether to have union representation at a workplace, a process in place since 1935. Instead, under the PRO Act, if a union loses it can claim the employer “interfered” in the election and demand recognition using signature cards. Those cards would be signed in public, right in front of union organizers, who are known for their relentlessness. 

The PRO Act would require employers to hand over to unions personal information about their employees, including their home addresses, phone numbers, and e-mail addresses.  It doesn’t take much imagination to picture unwanted visits by organizers demanding that you sign a card. 

In addition to undermining union representation elections, this bill would authorize secondary boycotts, which have been illegal since 1947. For example, if a union were trying to organize one of your customer’s businesses, they could launch pickets and protests not against their target, but against you. The intent is to pressure you into demanding that your customer accept the union, or to force you to stop doing business with them. If dragging a neutral party into a labor dispute like this seems unfair, that’s because it is. 

Secondary boycotts led to countless strikes and economic upheaval, which is why Congress outlawed them nearly 75-years ago. We don’t need to turn back the clock, especially with our current economic struggles.  

For good measure, the PRO Act also would adopt a restrictive California law that undermines workplace flexibility and earning opportunities by forcing businesses to reclassify independent contractors as employees. The law, known as AB-5, has caused widespread turmoil in California. Were it to become federal policy, it would cause many of Arizona’s one million independent contractors to lose their livelihoods. 

The PRO Act would overturn Arizona’s right-to-work protections, undermine workers’ rights, and open the door for harassment of both employers and their employees. It is a partisan bill that should not pass, and its fate largely depends on Arizona’s two senators. 

They deserve thanks for not signing on to this radical and harmful proposal.

Danny Seiden is president and CEO of the Arizona Chamber of Commerce & Industry. Glenn Spencer is senior vice president of the Employment Policy Division at the U.S. Chamber of Commerce. 

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The passage of the federal budget, otherwise known as the Build Back Better Act, in the U.S. House of Representatives last month means that the Democratic led Senate will now take it on. The massive bill has several provisions taken straight from the Protecting the Right to Organize (PRO) Act, an organized labor-backed bill strongly opposed by the business community. 

Because the PRO Act would need 60 votes to overcome a Senate filibuster and make its way to the president’s desk, congressional Democrats instead chose to insert several elements into the reconciliation bill, which would only need a simple majority to pass. The labor provisions’ inclusion in the larger bill, however, would need to be approved by the Senate parliamentarian.

Pieces from the original legislation that made their way into the :

• Financial penalties–Allow for the National Labor Relations Board to assess up to $50,000 for each violation and $100,000 for repeat violations of fair labor practices. Additionally, these penalties would be applicable to a director or officer of the employer if the NLRB determines that they “directed or committed the violation, had established a policy that led to such a violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation.”
• Increased Funding–Approximately $2 billion in new funding is allocated in the bill for the Department of Labor and split among seven agences. One agency of special interest to the labor community is the Wage and Hour Division, which could create implications for the gig economy and app-based workers.
• Tax Rebate–Electric vehicles that are assembled at a unionized factory would be eligible for a $4,500 tax rebate at sale. This provision would push nonunion companies to choose between operating at a competitive disadvantage or protecting their employees 
• Rebate Program–Union contractors that perform home improvement work eligible for the “High Efficiency Electric Home Rebate Program” are slotted to receive a project bonus of $250 above non-union contractors, even when performing similar work. In order to qualify for the bonus, the contractor must abide by collective bargaining agreements and follow prevailing wage requirements. 
• Wage Requirements–Thirteen different programs in the reconciliation bill include a prevailing wage requirement for specific classes of employees. Under these requirements, all laborers employed by contractors on projects are paid at the prevailing wage rate, which is typically pegged to the union rate in the area rather than the average wage. 
• Advanced Manufacturing Production Tax Credit–Any unionized manufacturing facilities would receive an additional 10% bonus to the tax credit, which is provided for manufacturing components that are used for wind and solar power production.
• Union Campaign Funding–A $250 above-the-line tax deduction is available for workers who pay full union dues, including the dues that fund union political activities and lobbying. Unionized workers who pay agency fees cannot take the deduction. Agency fees do not support the unions political activities, meaning that this provision indirectly subsidizes union political campaigns. 

“The PRO Act is bad as standalone legislation, and it’s just as bad when it’s slipped into the larger budget bill,” Arizona Chamber of Commerce & Industry President and CEO Danny Seiden said. “These provisions are straight out of the Big Labor playbook and should be rejected by the Senate.”

Concerns with the Build Back Better Act for businesses do not stop at the costly labor provisions, however. The inflation and supply chain issues that the U.S. has been experiencing will be exacerbated by the passage of the bill. 

According to the seven separate estimates released by the , the bill will increase the national deficit by $122 billion in 2022. The bill is expected to have drastic inflationary implications, as it accounts for more than $153 billion in transfer payments and tax cuts for individuals. This will fuel consumption and in turn continue to increase inflation. 

Ariz. Sen. Kyrsten Sinema, D, and other Senate moderates are the last line of defense to protect the economy. Sinema previously spoke out saying that she would not support the legislation until the infrastructure bill had been passed. With theinfrastructure bill now signed into law, how Sen. Sinema and her Democratic colleague from West Virginia, Sen. Joe Manchin, will vote is under intense focus by both proponents and opponents of the bill. 

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A conversation hosted by the Arizona Chamber of Commerce & Industry yesterday featured public and private sector leaders discussing the importance of the business community’s role in supporting the vaccination effort and best practices Arizona employers have developed to encourage vaccination.

Former surgeon general: Business community essential in promoting vaccinations

Dr. Richard Carmona, former surgeon general of the United States and now a special adviser to the Arizona Department of Health Services, shared his thoughts on the role of the business community as a source of credible information, saying communications between corporations encouraging each other to assist the government in inspiring the public to get vaccinated are essential.

Of the state’s overall response, Carmona said, “I think overall that Arizona has done well, but as any leader will tell  you, there are lessons we will learn moving forward.”

U.S. Chamber striving to promote vaccination, but wary of new burdens on employers

The country’s largest business advocacy group, the U.S. Chamber says it wants to promote vaccination but also limit the burdens placed on employers.

Michael Carney, senior vice president of emerging issues at the U.S. Chamber of Commerce Foundation, said the Chamber is assessing the Biden administration’s new mandate requiring employers of more than 100 to ensure all of their employees are vaccinated. 

“At the end of the day, we all have a shared goal,” Carney said. Businesses, citizens and the government all want more people vaccinated in order to ensure public prosperity and economic health, he said.

Carney said that research shows that employers should first lead by example in getting the vaccine and should be transparent. 

Carney also said communities and workplaces are all different in various ways and that there is no gold standard for employer Covid response. The best strategies, he said, involve policies that can help workforces adapt to new information. 

Governor’s aide: Vaccines the key to ending the pandemic

At a state level, Christina Corieri, health policy adviser to Gov. Doug Ducey, talked about the importance of vaccine incentive programs and the success they have had with state government employees. 

Corieri expressed concern over misinformation and spoke about how important it is for the public to be educated on how the vaccine works and its tremendous efficacy, noting that 94% of the hospitalized Covid cases are from people who are not fully vaccinated. 

“The reasons that we don’t see polio and smallpox today is because of vaccines, and vaccines will be the reason that we don’t see covid in the future,” Corieri said.

Other guests included Sonora Quest Laboratories President and CEO Dave Dexter, who shared his own company’s incentives to promote vaccination among its workforce, and Julia Strange, vice president of community benefit for TMC HealthCare, who discussed how Covid has exacerbated healthcare industry labor challenges.

“I appreciate each of these leaders’ willingness to discuss how the business community can help get more Arizonans vaccinated and get this pandemic under control,” Arizona Chamber President and CEO Danny Seiden said. “Conversations like these are good reminders that job creators throughout the pandemic have worked hard to keep their employees and customers safe and now, without being mandated to do so by the government, are sharing with their workforce how safe and effective these vaccines are.”

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More than 50 Arizona business groups are urging the state’s congressional delegation to reject several tax increases included in the budget bill being considered by the U.S. House. 

In a letter sent Tuesday to the delegation, the groups said, “The proposed tax increases that will pay for the massive $3.5 trillion reconciliation package will hurt Arizona businesses, employees, and consumers at a time when the state’s economy continues to grapple with the ongoing effects of the pandemic and acute workforce shortages.” 

Signers of the letter included the Arizona Chamber of Commerce & Industry and local chambers of commerce from across the state, as well as groups representing various industries such as real estate, trucking, construction, tourism and agribusiness. 

The enormous multi-trillion-dollar budget bill is a priority of Congress’ most progressive members, who are demanding its passage as part of a deal also to pass an infrastructure bill already passed by the U.S. Senate with bipartisan support. 

A budget bill that is too large in size and scope, however, will face a difficult path in the Senate, where the Senate parliamentarian will determine how broad the bill’s policy provisions may be and where Sen. Kyrsten Sinema, D-Ariz., and Sen. Joe Manchin, D-W.V., have indicated their strong reticence to passing such a progressive bill. 

Sinema has already said she will not support a $3.5 trillion bill and on Monday Politico that she also opposes a Medicare prescription drug pricing scheme included in the bill. 

Arizona job creators are opposed to the bill’s many tax increases, including increases in the personal and corporate income tax rates, as well as tax increases on foreign earnings and on savings and investment and more. The bill also limits deductions taxpayers rely on to reduce their overall tax exposure. 

“This bill includes several policies that will harm small businesses,” said Chad Heinrich, Arizona state director for the National Federation of Independent Business. “Whether it’s through the elimination of stepped-up basis, limiting the Small Business Deduction, or increasing taxes on small corporations, this legislation will weaken and damage small businesses in Arizona and throughout the country. By hitting small businesses at this vulnerable time, this legislation will result in fewer jobs and less work hours for employees and reduced investment in small businesses which will lead to less economic growth.”

Buckeye Valley Chamber of Commerce President and CEO Deanna Kupcik said the bill would result in higher costs to utility ratepayers. 

“As we said in our letter, because utility providers are regulated by the Arizona Corporation Commission, they must pass along the increased costs resulting from the corporate rate increase directly to consumers,” Kupcik said. “That means more dollars off the bottom line of Arizona businesses large and small.” 

If and when a bill passes the House, it will head to the Senate, where it will be considered under that chamber’s reconciliation rules, which means only a simple majority of 51 is needed for passage, rather than the usual 60 votes required to end a filibuster.

“That (Senate Majority Leader) Chuck Schumer is hoping to jam this through the Senate using reconciliation tells you all you need to know about what’s included in this bill,” Arizona Chamber President and CEO Danny Seiden said. “A bill that affects so many aspects of the U.S. economy deserves bipartisan consideration and support, which this legislation is sorely lacking. We thank Sen. Sinema for making clear to the White House that this bill is seriously flawed.”  

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Employers across Arizona and the U.S. are facing worker shortages at record levels and business leaders and chambers of commerce are urging state and national lawmakers to invest in new workforce initiatives to help fill millions of job openings.

In April, employers reported a record-high 9.3 million open jobs, said Neil Bradley, Chief Policy Officer for the U.S. Chamber of Commerce, who spoke at the organization’s recent summit, . In Arizona, 160,000 to 180,000 jobs were unfilled in March, according to U.S. Bureau of Labor statistics.

“The problem is hurting retailers on Main Street and the nation’s largest employers in our biggest cities,” Bradley said. “When businesses do not have enough employees, they’re forced to turn down jobs and reduce the number of hours that they’re open.”

Almost 5,400 business leaders representing every state tuned in to the summit this month to discuss workforce challenges, share solutions and rally support for the Chamber’s new America Works Agenda initiative to address the “talent crisis.” 

The initiative recommends federal and state policy changes in three areas to expand employee pools: train more Americans for in-demand jobs, remove barriers to work, and double the number of visas available for legal immigrants.  

U.S. Secretary of Commerce Gina Raimondo was a keynote speaker who talked about the administration’s , which calls for funding 1 million apprenticeships in building trades, as well as digital apprenticeships in cybersecurity, software engineering, accounting, and quality assurance. 

America experiencing a “talent crisis”    

America is facing a double-dose of workforce challenges, Bradley said. There are too many people without jobs. And there are too many jobs without skilled people to fill them.

A recent national survey of local chambers of commerce, 90 percent reported that it is “difficult” for businesses in their area to hire workers, with two-thirds reporting it was “very difficult,” Bradley said. Less than 1 percent said it was easy to fill jobs.

Many industries are being affected including agriculture, education, manufacturing, healthcare, hospitality, computer software, and construction. A recent survey of the commercial construction industry shows that 85 percent of contractors are having difficulty finding workers, he said. Of those, 34 percent have had to turn down work. 

“All this slows down the economy. Indeed, local chambers of commerce are twice as likely to say that a lack of workers is holding back the economy as they are to say that Covid is holding it back,” Bradley said. 

Call to businesses, stakeholders to rally for initiative   

The summit is part of a new initiative by the U.S. Chamber Foundation, called , to mobilize industry and government to act quickly to address America’s “deepening worker shortage crisis.” 

CEOs, trade associations and chambers of commerce are encouraging their employees and members to call on state and federal lawmakers to adopt recommendations in the initiative. Here’s a sampling of recommendations in four key areas:

Upskill American workers

• Fund and support employer collaboratives and sector partnerships at the state and local levels tasked with building talent pipelines based on in-demand jobs and skills using their preferred training partners

Immigration reform 

• Double the cap on employment-based immigrant visas from 140,000 per year to 280,000, including seasonal agricultural workers and high-tech professionals
• Provide international students who graduate from U.S. universities with more opportunities to obtain employment-based green cards upon graduation
• Enhance and expand the opportunities for entrepreneurs to obtain permanent residency so they can build their businesses here in the United States
• Create a new, geographically targeted visa program, along the lines of the Heartland Visa proposal, that will drive economic and population growth into American communities struggling with the serious economic and social problems caused by significant population loss

Education and training 

• Grow federal investments in employer-led job education and training programs
• Expand Pell grants for non-credit workforce training 
• Create “skills saving accounts” to help employees and employers manage continuing education costs and avoid new student debt 

Remove barriers to work 

• Expand access to affordable, quality childcare for working parents
• Improve “second chance” hiring through public-private agreements to support employment opportunities for formerly incarcerated individuals 
• Remove occupational licensing restrictions that make entering a new field time-intensive, cost-prohibitive, and restricts opportunities for mobility.

“We must arm workers with the skills they need, we must remove barriers that are keeping too many Americans on the sidelines, and we must recruit the very best from around the world to help fill high-demand jobs,” said Suzanne Clark, president and CEO of the U.S. Chamber, one of the keynote speakers at the summit. 

To view an analysis of the numbers behind the workforce crisis, visit: To view the U.S. Chamber’s America Works Agenda, a suite of legislative and regulatory solutions at the federal and state level to help address the crisis, go to:

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