Labor bill S.102 passes out of committee

Vermont State Labor Council, AFL-CIO On May 1st, International Workers’ Day, the House Committee on General and Housing passed S.102, the Vermont Protect the Right to Organize “PRO” Act with strong, bipartisan support: 11 of the 12 Committee members voted yes with only one abstention. 

Last year, S.102, the Vermont Protect the Right to Organize “PRO” Act, passed the Senate 23-7.

Many of our labor laws have not been updated in decades – some for almost a hundred years – and have failed to protect some of the most marginalized workers.

S.102 would fix Vermont’s labor laws and level the playing field. It would study granting collective bargaining rights to agricultural and domestic workers; protect employees from political and religious coercion, also known as captive audience meetings; and simplify union elections in the public sector through card check.

A coalition of 27 labor unions and community organizations support the bill. This bill is part of a larger effort to protect workers’ rights in Vermont, along with the Workers’ Rights Amendment, Proposal 3.

The House Committee on General and Housing took hours of testimony on S.102 and heard from employers, employees, and area experts. Committee Chair Thomas Stevens commented “I’m excited to move S102 forward by such a strong bipartisan vote. Making organizing easier and protecting employees from intimidation and misinformation is paramount. Studying the impact of modernizing agricultural labor laws is an important move forward.”

Representative Krasnow added, “S.102 will help working Vermonters exercise their right to organize and negotiate fair pay and better working conditions. At a time of massive income and wealth inequality, when too many workers are falling further and further behind, we need to make it easier for workers to exercise their constitutional right to form a union and collectively bargain. Every employee should have a good-paying job in which they feel respected, protected, and appreciated.”

Representative Robin Chesnut-Tangerman, who will be reporting out the bill to the House floor, sees the problem of inequality in terms of power, too, stating, “With labor rights under attack around the country it is more important than ever that we support the benefits of organized labor by finally passing card check and by prohibiting coercive meetings. This bill will help provide the legal framework for the rights that Prop 3 will enshrine in the Vermont constitution.”

Beka Mendelsohn, who organized the Ben & Jerry’s scoop shop and is now an organizer with Workers United, shared her experiences with an employer who respected workers’ rights and those who did not.

“Down the street from the scoop shop in Burlington, I watched employers hold coercive captive audience meetings. Management manipulated employees’ financial situations, using the promise of additional hours to convince employees to attend a meeting where misinformation regarding elections, unions, labor rights, and their autonomy were discussed…It’s a blatant misuse of an employer’s power over their employees where fear and intimidation are used to sway employees to vote no.” 

Employers hold captive audience meetings in 89% of union election campaigns. Workers are successful in 73% of their union elections when there are no captive audience meetings. When captive audience meetings are used, their win rate drops to just 47%.  

These meetings are held frequently while waiting for a board election, which is why S.102 also allows for a faster path toward union recognition through card check in the public sector. 

Vermont is struggling to develop its workforce, and advocates claim S.102 can be good for employers, too. The lead sponsor in the Senate, Senator Kesha Ram Hinsdale, sees it as a workforce development bill. Senator Ram Hinsdale comments, “This bill will help employers create a respectful work environment, which can help attract and retain our workforce.” 

The US Treasury Department recently published a report that found unions “contribute to more robust general economic growth and resilience.” Additionally, Professor Harley Shaiken has found unions increase business productivity and reduced turnover. 

The bill will now head to the House for a vote.

May 1, 2024.