HR 842 - Protecting the Right to Organize Act of 2021 - National Key Vote


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Title: Protecting the Right to Organize Act of 2021

Vote Smart's Synopsis:

Vote to pass a bill that expands labor protections related to employees' rights to organize and collectively bargain in the workplace.



  • Prohibits an employer or labor organization from terminating or in any other way discriminating against an applicant, covered employee, or former covered employee that supported or participated in a strike, collective bargaining action, or testifies as a whistleblower for employer labor violations (Title I-II, Sec. 104-202).

  • Amends the definition of “employer” to mean joint employers that employ an individual and control the essential terms and conditions of employment (Title I, Sec. 101).

  • Amends the definition of “employee” to include any individual performing any service and specifies that they are not considered independent contractors unless the individual is free from control and direction in connection with the performance of the service (Title I, Sec. 101).

  • Amends the definition of “supervisor” to specify that they are in charge of a majority of the individuals’ work time in the interest of the employer (Title I, Sec. 101).

  • Prohibits a strike or class action from being prohibited regardless of duration, scope, frequency, or intermittence under the National Labor Relations Act (Title I, Sec. 110).

  • Requires that all employees represented by a collective bargaining agreement contribute fees to a labor organization for the cost of representation and prohibits state’s “right to work” employment policies (Title I, Sec. 111).

  • Prohibits an employer from requiring or coercing an employee to attend or participate in an employer activity or meeting unrelated to the employee’s job duties that discourage union membership or participation in collective bargaining or class-action litigation (Title I, Sec. 104).

  • Requires within 90 days of this act’s enactment, the National Labor Relations Board to establish a system and procedures to conduct union representation elections remotely using an electronic voting system (Title III, Sec. 301).

  • Prohibits an employer from denying an employee injury relief back pay from unfair labor practices on the basis that they were an undocumented immigrant (Title I, Sec. 109).

  • Specifies that employers found to have committed unfair labor practices by the National Labor Relations Board to be subject to a penalty fine up to $50,000 for each violation and authorizes the board to increase the penalty fine to $100,000 if the employer was found to of committed another violation within the previous 5 years (Title I, Sec. 109).