Posted December 17, 2025 at 10:34 am by Lynn Rhinehart

Don’t be fooled—Senator Cassidy’s labor reform proposals are not pro-worker

Last month, U.S. Senator Bill Cassidy (R-La.) unveiled a package of four bills that he described as advancing President Trump’s purported “pro-worker” agenda. But there is nothing in the legislation to address the problems workers face when they try to organize unions at their workplace. In fact, Senator Cassidy’s bills construct new barriers to worker organizing and create new incentives for employers to undermine workers’ rights.

Below, we compare Senator Cassidy’s bills to the Protecting the Right to Organize (PRO) Act, which is comprehensive legislation to reform our nation’s broken labor law system. As you can see, it’s clear which legislation actually helps workers.

Table 1

The PRO Act helps workers, Senator Cassidy's bills hurt them: How legislative proposals measure up

 

Barrier to worker organizing How the PRO Act addresses the problem How Senator Cassidy’s bills address the problem
Union representation elections are delayed because of employer interference in the process. Codifies National Labor Relations Board (NLRB) rules facilitating quicker elections. Makes clear that employers do not have standing to intervene in union representation proceedings and establishes penalties for illegal employer interference. No provision for facilitating timely elections. In contrast, the Cassidy bills raise the threshold for workers winning their union by requiring a majority of “yes” votes in an election in which two-thirds of the bargaining unit participated.
Employers interfere with workers’ free choice about union representation, including by requiring attendance at anti-union captive audience meetings. Bans captive audience meetings and establishes penalties for illegal employer interference. No provision.
Employers violate the law with impunity, including firing pro-union workers, because they know there are no monetary penalties or other serious consequences.  Establishes monetary penalties for violations, including individual liability for corporate officials. Requires the NLRB to seek a federal court injunction to reinstate workers when they are illegally fired. No provision addressing employer violations, but establish a new $5,000 penalty against workers for filing unfair labor practice charges deemed to lack sufficient evidence, which will discourage workers from exercising their rights.
Workers have no recourse if the NLRB does not process their case. Authorizes a private right of action so workers have recourse if the NLRB does not pursue their case or is too slow in acting. No provision.
Employers stall the bargaining process when workers first organize so many workers never get a first contract. Establishes a timetable for reaching a first contract, with mediation and binding arbitration if the parties can’t reach an agreement on their own.* No provision. Undermine new unions by allowing decertification petitions to be filed while first contract bargaining is taking place if the NLRB determines that the union is not bargaining in good faith. There is no mention of what happens if the employer is not bargaining in good faith.
State laws prohibit “fair share” agreements where all represented workers share in the cost of union representation. Overrides state “right-to-work” laws and allows workers and companies to negotiate fair share agreements. No provision.
Employers misclassify workers as independent contractors and deny them their union rights. Makes misclassification an unfair labor practice and adopts the “ABC” test to help prevent misclassification so workers have union rights. No provision.
Employers hire third-party union busters that operate in the shadows and avoid public disclosure of their activities. Requires more reporting by employers and the third-party union busters they hire on their activities. No provision on third-party union busters, but institute extensive requirements for unions to disclose information to workers on their right not to join a union or financially support its activities.

 

Economic Policy Institute

*Note: Sen. Hawley has introduced freestanding legislation containing these provisions. 

Source: EPI analysis of current labor law and the Protecting the Right to Organize (PRO) Act, the Worker Reforming Elections for Speedy and Unimpeded Labor Talks (RESULTS) Act, the NLRB Stability Act, the Fairness in Filing Act; and the Union Members Right to Know Act. 

 

 

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