September 10, 2021
As expected, House Democrats are attempting to push through key aspects of their pro-union labor agenda through the budget reconciliation process, including provisions significantly increasing employer liability and creating personal liability for officers and directors for unfair labor practices.
The provisions in recently-released reconciliation bill text from the House Education and Labor Committee were originally proposed in the PRO Act (H.R. 842)—the sweeping labor law rewrite bill which passed the House earlier this year and is pending in the Senate. These include:
Outlook: Although these provisions are likely to pass in the House, it remains to be seen whether any of them will be able to pass the Senate's Byrd rule, which requires that anything included in a budget reconciliation bill be sufficiently related to spending. Earlier this year, for example, a proposal to include a federal minimum wage increase in a budget reconciliation bill failed to pass the Byrd rule. HR Policy will continue to monitor the budget reconciliation process, advocate against these provisions, and keep members up to date on any further developments.