A major federal labor bill proposed in Congress could significantly expand employees’ collective bargaining rights and weaken state right-to-work laws.
The Protecting the Right to Organize Act, known as the PRO Act, seeks to update labor laws and strengthen protections for organizing workers.
For nearly a century, federal labor laws have gone without an overhaul. While the 1935 National Labor Relations Act was a landmark piece of legislation in its day, its core enforcement rules have lagged behind a rapidly changing modern economy.
Organizing a union under current economic conditions can often take months or years. Meanwhile, a company that illegally fires an organizer or intimidates its workforce often faces little more than an order to post a notice or pay back wages. For many corporations, breaking the law is simply a cost of doing business—but the PRO Act is designed to change that.
How does the PRO Act connect to California’s 48th District?
Marni von Wilpert, who is running to represent California’s 48th Congressional District, played an integral role in helping draft the proposed bill. She began her campaign to succeed Darrell Issa, a long-serving Republican US representative from a San Diego district who retired following Proposition 50 redistricting.
Von Wilpert has a consistent record of supporting unions. Prior to joining the San Diego City Council, she worked at the National Labor Relations Board. She served as an attorney in the Appellate and Supreme Court Litigation Branch, representing the agency in the U.S. Courts of Appeals.
Von Wilpert said that her legal experience shaped her push for reform, noting how hard it was for working people to navigate the current labor law system.
“A worker would either be fired for organizing or an election would be overturned, and it would take three to four years to get to me in Washington, D.C.,” she told The Guardian during an August interview.
What does the PRO Act do?
Supporters argue that the PRO Act holds companies accountable for union-busting tactics. Under new provisions, companies that violate workers’ rights would face fines of up to $50,000 per violation, and executives could be held personally liable.
The bill also closes loopholes that let employers sidestep the law. It would end mandatory “captive audience” meetings, where workers must sit through anti-union presentations on the clock. It would stop companies from misclassifying gig workers as independent contractors to deny them basic protections.
Finally, it would bar employers from permanently replacing workers who go on strike, protecting a right that means little if exercising it costs you your job. It would allow unions to collect fair-share fees from all workers they represent, since unions are legally obligated to negotiate on behalf of everyone in a unit, whether they are members or not.
Where does Jim Desmond stand on labor protections?
Von Wilpert’s opponent, Republican County Supervisor Jim Desmond, has not publicly supported the PRO Act. His record on the San Diego County Board of Supervisors, however, reflects consistent opposition to union-backed measures.
In January 2023, he voted against higher wages for contracted county workers, then opposed a contract for janitors who had reported workplace abuse in February. In May 2021, Desmond voted against creating an office to enforce local labor standards.
While the PRO Act has strong support from labor unions and Democratic lawmakers, the effectiveness of worker-protection laws depends on how they are enforced.
In November, von Wilpert and Desmond will compete in one of the state’s most closely monitored House races, where their records on labor enforcement will be a key focus.
Ultimately, voters will decide which candidate can effectively represent working-class values in Washington.
