As a retired small business owner and former Darke County Commissioner, I have spent my life fighting for policies that protect both workers and businesses. In a county like Darke, where local businesses are the backbone of our rural economy, we know firsthand the dangers of government overreach that undermines economic opportunity. That’s why I am deeply concerned about Senator Josh Hawley’s proposed union legislation – a framework that borrows heavily from failed, radical labor policies and would do more harm than good.
Senator Hawley’s framework is nothing short of gifts to union bosses, not workers: government-forced first union contracts, rushed elections, a ban on employer-run meetings about unions, and new penalties for employers but not unions that break the law, just to name a few. These are the same failed policies previously from Senators Bernie Sanders, Elizabeth Warren, and the Biden administration—proposals that Congress, the courts, and the National Labor Relations Board have all rejected in the past. They would tip the scales in favor of unions at the expense of worker choice, employer free speech, and small business viability. And those framework provisions are now being introduced as federal legislation.
Even more discouraging? Senator Bernie Moreno unfortunately signed onto Senator Hawley’s first anti-worker bill as a cosponsor. This so-called “First Labor Contracts Act” may have good intentions to bring speed and efficiency to the process for new unions to get a contract. But when you hear speed and efficiency, do you think “government bureaucrats”? For workers and businesses, this bill means forced mediation by government bureaucrats 100 days after a union election, and a government-controlled forced contract could follow after that. Empowering the government to force contracts on workers is no way to respect our American workforce.
I extend my sincere appreciation to Senator Jon Husted for not supporting Senator Hawley’s misguided bill and would hope that Senator Moreno would reconsider his position.
Other troubling aspects of Hawley’s plan is the push for rushed “ambush” elections. These would force union elections to be held in under 20 business days, denying workers and businesses adequate time to weigh the serious consequences of unionization. Unions already win the vast majority of elections, but this accelerated timeline would allow them to organize in secret for months while businesses are left scrambling to present their side of the story in just a few short weeks. Small businesses, many of which lack in-house legal teams, would be disproportionately impacted, putting local employers at a severe disadvantage.
Another alarming provision would prohibit employers from holding mandatory meetings on unionization. While unions would continue to have access to workers, businesses would be barred from ensuring their employees receive balanced information. Employers should have the right to communicate their perspectives during paid work hours. The National Labor Relations Act has long protected employers’ rights to hold these meetings, and for good reason – workers deserve to hear both sides before making a decision.
Hawley’s proposed framework would also impose severe penalties on businesses while letting unions off the hook for unfair labor practices. Employers could face fines of up to $50,000 per violation, with executives personally liable. But if a union commits an unfair practice? These penalties don’t apply. This double standard undermines fairness and places an undue burden on business owners who are already struggling to navigate complex labor laws.
I encourage Senator Moreno to drop his co-sponsorship of this legislation, which only hands more power to union bosses at the expense of small businesses, job creators, and American workers. Workers and business owners alike deserve better.
Mike Stegall is a former Darke County Commissioner.
