Celine McNicholas, director of government affairs at the pro-union Economic Policy Institute, noted that the National Labor Relations Act requires employers to bargain in good faith. But she said only “really egregious conduct” violates that rule.
“That’s why you so often see companies dragging their feet at the bargaining table,” she said. “They don’t really face any penalties. And there are no tight time structures within the law as it exists now, so workers can end up bargaining for years.”
But legislation proposed in Congress known as the PRO Act would expand worker rights, McNicholas said, in part by requiring employers to negotiate first contracts in a timely manner.
The U.S. House passed the PRO Act last month, but its chances in the closely divided Senate are less certain.
Under the measure, companies would, for the first time, face financial penalties for violating federal labor law. They could also be considered “joint employers” even when they contract out work to another firm. Google, therefore, could be forced to come to the negotiating table rather than leave matters entirely in the hands of a contractor.
McNicholas couldn’t say what the PRO Act would mean specifically for the HCL employees in Pittsburgh, but she said it would give more leverage to workers overall.
“If you have any kind of influence over the way in which this workforce operates, you’re going to be compelled to bargain with them, so that workers are not trying to chase down different employers in a complicated contracting system,” she said.