Baldwin, Gallego Roll Out Bill to Prevent Companies from Retaliating Against Striking Workers and Terminating Their Health Care
Bill comes as workers at two Wisconsin companies had their health care coverage stripped away, or threatened to be, by their employers after striking for better benefits, fair pay, and safe working conditions
WASHINGTON, D.C. – Today, U.S. Senators Tammy Baldwin (D-WI) and Ruben Gallego (D-AZ) led ten of their colleagues in introducing a bill to protect striking workers from their employers terminating their health care benefits. The Striking and Locked Out Workers Healthcare Protection Act would protect workers’ health care benefits and prevent employers from using their power to cancel or alter health insurance for workers exercising their right to strike. In Wisconsin, two unions faced threats from employers, including striking United Auto Workers (UAW) at Cummins in Oshkosh, in which workers’ health care through Cummins is still terminated as their strike for better working conditions nears the three-month mark.
“Every Wisconsin worker deserves to be treated with dignity and respect on the job. When employers fail to keep their end of that bargain, workers also have the right to strike for fair pay and safe working conditions. But, too often, big employers don’t like that and use their power to retaliate against workers and go after their health care benefits, forcing workers to decide whether to fight for their dignity in the workplace or health care for their family,” said Senator Baldwin. “Our bill simply ensures employers cannot bully striking employees into accepting an unfair deal by withholding health benefits workers and their families were promised.”
“Cutting off a worker’s health insurance during a strike is not negotiation, it’s a retaliation, and it’s unacceptable,” said Senator Gallego. “This bill makes sure that workers have the freedom to organize without having their families’ health held over their heads. No one should be punished for standing up for better working conditions.”
The National Labor Relations Act (NLRA) establishes workers’ right to strike as a protected activity, and employees cannot be fired for striking. But employers can, and often do, threaten to cut workers’ healthcare as a tactic to end the strike and intimidate workers. The bill would create a separate unfair labor practice category for when employers cut or alter workers’ health insurance while they are on strike or locked out, and violators would be subject to increasing levels of civil penalties.
Two Wisconsin unions have faced similar threats this year. Wisconsin UAW Local 291 at Cummins in Oshkosh have been on strike since March 18 and have had their health care provided through Cummins cut off. Striking SEIU nurses at UnityPoint Health-Meriter were also days away from losing their health care benefits before they reached a deal and ended their strike on May 31.
“We applaud Senator Baldwin and any other legislator who has the spine to stand with her to legislate for working class Americans, not just offer lip service. When employers can threaten workers' healthcare to keep them under thumb, all workers - not just union workers - lose their much-needed balance of power with the boss. This should be a bipartisan slam dunk. Let's see,” said Brandon Campbell, Director of UAW Region 4. “After Meriter nurses went on strike in May to demand patient and nurse safety in our contract, management threatened to cut our health insurance for an entire month. No one should be forced to choose between healthcare access and fighting for the workplace conditions we all deserve. We're proud to support Senator Baldwin as she introduces this bill to help protect our rights. As we fight for our community's healthcare, we shouldn't have to fear losing our own,” said Pat Raes, Meriter RN of 35 years and President of SEIU Wisconsin.
The Striking and Locked Out Workers Healthcare Protection Act is co-sponsored by Senators Richard Blumenthal (D-CT), Alex Padilla (D-CA), John Fetterman (D-PA), Dick Durbin (D-IL), Tina Smith (D-MN), Bernie Sanders (I-VT), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), Ed Markey (D-MA), and Chris Van Hollen (D-MD).
The legislation is supported by the AFL-CIO, United Steelworkers (USW), American Federation of Teachers (AFT), Service Employees International Union (SEIU), Teamsters, United Food and Commercial Workers International Union (UFCW), International Association of Machinists and Aerospace Workers (IAM), United Automobile, Aerospace & Agricultural Implement Workers of America (UAW), Communications Workers of America (CWA), United Mine Workers of America (UMWA), International Association of Iron Workers (IW), American Guild of Variety Artists (AGVA), Transport Workers Union (TWU), Association of Flight Attendants-CWA, National Education Association (NEA) International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART), Bakery, Confectionary, Tobacco Workers and Grain Millers (BCTGM), and NewsGuild-CWA.
Full text of this legislation is available here.
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