The ERA protects and promotes the foundational elements of the modern economy. It ensures that workers of all backgrounds can continue pursuing their American dream by guaranteeing their right to decide how and when they work as independent contractors. That fundamental right has long been under attack and in danger due to conflicting federal laws, regulations, and rulings. The ERA also ensures that Americans can continue to pursue entrepreneurship through franchising by permanently clarifying the shifting and incompatible 鈥渏oint employer鈥 standards that have threatened this long-standing small business model.
Crucially, the ERA also provides workers with the indisputable ability to make decisions that are best for them regarding unionization. It guarantees every worker鈥檚 right to a secret-ballot election, protecting them from intimidation and reprisal. Additionally, in right-to-work states like Georgia, the ERA empowers workers who have opted out of union membership to negotiate their contracts. Currently, if a workplace is organized, those workers must be represented by the union, even if it is against their wishes. Not only would this critical reform help them find a better workplace arrangement, but it would also free unions to focus solely on the workers who actually want their representation. This is a win-win.
Additionally, workers gain historic privacy protections under the ERA. Currently, unions have unfettered access to workers鈥 contact information at companies they seek to organize, including employees鈥 home addresses and phone numbers. The ERA puts workers first by letting them choose what information unions can access. It also enables workers to opt in to union political spending on an annual basis, undoing the current system in which workers are automatically forced to fund political activities they may personally oppose. These reforms will incentivize unions to serve workers at the highest level and win their support.
Perhaps most importantly, the Employee Rights Act eliminates loopholes that can distract unions from faithfully representing workers鈥 needs and wishes. It prohibits DEI provisions in collective bargaining agreements, ensuring all workers are treated equally. It ends the judicially created exemption for union-related violence and extortion, so that such illegal acts are treated appropriately under federal law. The ERA also protects workers from discriminatory and harassing language, which the Biden NLRB allowed in the context of unionization campaigns.
These protections will encourage unions to win workers鈥 support fairly, leading to workplaces defined by respect and unity, not anger and division. The ERA even helps unions focus on American workers by requiring that unionization elections only allow voting by lawfully authorized workers in the United States.
Labor unions and their allies will no doubt attack these proposals as 鈥渁nti-union,鈥 but that reflects a profound misunderstanding of the Employee Rights Act. The whole point of unionization is to protect the rights of employees, and this proposal does exactly that. It protects their right to free and fair elections, personal privacy, and economic independence. It also protects their right to be free from harassment, intimidation, and reprisal. At their best, labor unions uphold these rights essential to creating the best economy for all Americans.
The Employee Rights Act has long enjoyed strong support among Republicans in both the House and Senate, to say nothing of the overwhelming majority of Americans, according to years of public polling. With the GOP holding Congress and the White House, it deserves consideration as soon as possible. President Donald Trump is already delivering for working Americans. Truly empowering workers and improving unions will help them rise and thrive for future generations.
Rep. Rick W. Allen represents Georgia鈥檚 12th Congressional District in the U.S. House of Representatives and serves as chairman of the Health, Employment, Labor, and Pensions Subcommittee. F. Vincent Vernuccio is president of the Institute for the American Worker.