ARGENTUM ADVOCATES


proposals come directly from the President, such as the organized labor agenda he ad- vanced prior to the election. We may also see rulemaking and regulatory decisions come, primarily from the National Labor Relations Board and Department of Labor. This second front is important because


even when Congress is gridlocked or other- wise unable to address an issue, regulatory agencies can advance policy decisions—in this case, rules or decisions that are orga- nized-labor friendly or anti-worker choice— that by all right should go through the legislative process. In short, it can function as if regulatory agencies were making laws.


principle, but then takes it away by allowing unions to pursue a “do-over” if they lose. And rather than have to bother with a


second secret ballot election, unions can in- stead win just by presenting signature cards. Workers’ signatures can be obtained by just about any means, and it’s not too hard to imagine the coercive measures that might come into play. The PRO Act also would allow unions


to force employers into mandatory first contracts. After a very limited period of negotiating,


a three-member panel would be given the authority to impose a contract for two years,


Perhaps most noteworthy, the PRO Act would overturn all the right-to-work laws that have been adopted by a majority of states. Right-to-work laws prevent workers from being fired if they refuse to pay union dues. It’s no secret that organized labor loathes these laws, which come between them and their main source of revenue.


Q. If the PRO Act were to go through Congress, what would that mean for workers and employers? A. The proposal would destabilize Amer- ica’s workplaces and impose a long list of dangerous changes to labor law. In fact, the U.S. Chamber of Commerce called it “a litany of almost every failed idea from the past 30 years of labor policy. “ Perhaps most noteworthy, the PRO Act


would overturn all the right-to-work laws that have been adopted by a majority of states. Right-to-work laws prevent workers from being fired if they refuse to pay union dues. It’s no secret that organized labor loathes these laws, which come between them and their main source of revenue. Doing away with right-to-work takes


away an important principle of worker freedom, but unfortunately, it’s not the only such provision in the PRO Act. Foremost among these is undermining se-


cret ballot rights. Currently, unions organize via secret ballot elections. The PRO Act purports to maintain this basic democratic


46 SENIOR LIVING EXECUTIVE JULY/AUGUST 2021


which may or may not be economically sus- tainable. This is a worrisome prospect for employers. But from a worker perspective, this takes away more democratic rights— they get no ratification vote, since the first contract is mandated from above.


Q. What is Argentum doing to address the PRO Act and potential regulations from the National Labor Relations Board? A. We’ll primarily address our concerns through coalitions—for instance, we’re working with the Coalition for a Demo- cratic Workplace and U.S. Chamber of Commerce. Working with organizations that have the


relationships and clout in labor issues makes us part of a powerful collective voice and helps get our messages to the right people and places. It also puts senior living labor issues on a par with other industries—and allows other industries to learn about our issues and industry.


Q. FOR MEMBERS WHO WANT TO HAVE A SAY IN THIS ISSUE, WHAT IS ARGENTUM PREPARING TO HELP THEM?


We’re working on several tools to help amplify member voices. Here are a few concepts in development:


• C-Suite Toolkit: Designed for executives confronted with union organizing and pressure tactics, these materials will cover such issues as common employee relations issues leading to union activity; strategic options for dealing with union activity; do's and don’ts for senior management; management strategies for dealing with the National Labor Relations Board election process; alternative methods of communicating with employees during union organizing campaigns; uses of social media; and common pressure points in union corporate campaigns.


• Rapid Response Toolkit for assisted living management: A series of readily accessible checklists on issues likely to arise in the union organizing context. These will include guidance on responding to card signing; basic talking points; dos and don'ts for supervisors; and the National Labor Relations Board petition/election process. We’re creating this to be used by all types of supervisors in assisted living communities, not just nursing or caregiving.


• Virtual training for individual Argentum member companies: The training will be designed for groups of supervisors or senior management. Issues covered will be similar to the materials contained in the toolkits described above, with greater interactivity.


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