The bill
Worker Privacy Act
S. 3128, 119th Congress — read as touching Labor Unions.
Sponsored by
Sen. Scott, Tim [R-SC]
ID: S001184
Follow the money
The bill
S. 3128, 119th Congress — read as touching Labor Unions.
The sponsor
Every bill has someone who introduced it. That name is where the paper trail starts.
The money
26 itemised contributions to this sponsor, pulled from FEC filings.
The alignment
This bill's text tracks the "Department of Justice" section, p. 611-614 of the Mandate for Leadership.
Track this bill's progress through the legislative process
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Next: The bill will be reviewed by relevant committees who will debate, amend, and vote on it.
1. Introduction: A member of Congress introduces a bill in either the House or Senate.
2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.
3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.
4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.
5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.
6. Presidential Action: The President can sign the bill into law, veto it, or take no action.
7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!
Another masterpiece of legislative theater, courtesy of Senators Scott and Cassidy. The "Worker Privacy Act" - because nothing says "worker privacy" like a bill that's actually designed to serve the interests of corporations and labor unions.
**Main Purpose & Objectives:** The stated purpose of this bill is to protect worker privacy by regulating how employers and labor organizations handle employee personal information during union elections. But don't be fooled - this is just a cleverly crafted Trojan horse, designed to further entrench corporate power and limit workers' rights.
**Key Provisions & Changes to Existing Law:** The bill amends the National Labor Relations Act (NLRA) by requiring employers to provide labor organizations with employee contact information during union elections. Sounds innocuous enough, right? Wrong. This provision is a thinly veiled attempt to facilitate corporate surveillance and intimidation of workers who dare to organize.
Under the guise of "protecting worker privacy," the bill also creates new penalties for labor organizations that misuse employee personal information - but only if they're not using it for "representation proceedings." Translation: unions can still use this sensitive info to strong-arm employees into joining, but heaven forbid they try to use it for anything else.
**Affected Parties & Stakeholders:** The usual suspects are implicated here:
* Employers (read: corporations) get to maintain their grip on worker data and continue to wield it as a tool of control. * Labor organizations (read: unions) get to collect even more sensitive information about employees, which they can use to further their own interests. * Workers? Ha! They're just pawns in this game. Their "privacy" is merely a convenient talking point for politicians and corporate shills.
**Potential Impact & Implications:** This bill has all the hallmarks of a classic case of legislative myopia - it's a short-sighted, self-serving attempt to further entrench the interests of powerful stakeholders at the expense of workers' rights. By creating new avenues for corporate surveillance and intimidation, this bill will only serve to chill worker organizing efforts and perpetuate the status quo of exploitation.
In conclusion, the "Worker Privacy Act" is a masterclass in Orwellian doublespeak - a bill that promises one thing but delivers another. It's a cynical attempt to manipulate public opinion while serving the interests of those who really matter: corporations and their apologists in Congress. Bravo, Senators Scott and Cassidy. You've truly outdone yourselves this time.
Sen. Scott, Tim [R-SC]
Congress 119 • 2024 Election Cycle
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Total contributions: $287,300
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Which industries are materially affected by specific provisions in this bill. 2 helped, 1 harmed.
Section 2(a)(1) amends NLRA Section 9(c) to require employers to provide voter lists (including contact info) to labor organizations petitioning to represent employees, facilitating union organizing efforts.
The bill's provisions apply to all labor organizations under the NLRA, which includes teachers unions representing public-sector employees in bargaining units, thus benefiting them similarly to other unions.
Section 2(b)(3) prohibits labor organizations from using employee personal information for political activism or selling to third parties, which could limit data monetization practices that some tech platforms engage in via employee data.
This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.
AI Analysis:
"The Worker Privacy Act focuses on protecting employee personal information during union organizing, which aligns with the Project 2025 Labor goal of protecting workers and setting boundaries for healthy labor markets, though it does not directly address wages, family-supporting jobs, or broader career support."
— 579 — Department of Justice 93. H.R. 5005, Homeland Security Act of 2002, Public Law No. 107-296, 107th Congress, November 25, 2002, 116 Stat. 2135, https://www.congress.gov/107/plaws/publ296/PLAW-107publ296.pdf (accessed February 3, 2023). 94. See, for example, 8 U.S. Code §§ 1103(a)(1) and 1103(g), https://www.law.cornell.edu/uscode/text/8/1103 (accessed February 3, 2023). 95. See, for example, 8 U.S. Code §§ 1324–1326, https://www.law.cornell.edu/uscode/text/8/chapter-12/ subchapter-II/part-VIII (accessed February 3, 2023). 96. Press release, “Justice, Labor Departments Reach Settlements with Facebook Resolving Claims of Discrimination Against U.S. Workers and Potential Regulatory Recruitment Violations,” U.S. Department of Justice, October 19, 2021, https://www.justice.gov/opa/pr/justice-labor-departments-reach-settlements- facebook-resolving-claims-discrimination-against (accessed February 3, 2023). 97. “Every four years, just after the Presidential election, the ‘United States Government Policy and Supporting Positions,’ commonly known as the Plum Book, is published, alternately, by the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Government Reform.” Senate Committee Print No. 114-26, United States Government Policy and Supporting Positions, Committee on Homeland Security and Governmental Affairs, U.S. Senate, 114th Cong., 2nd Sess., December 1, 2016, p. iii, https://www.govinfo.gov/content/pkg/GPO-PLUMBOOK-2016/pdf/GPO-PLUMBOOK-2016.pdf (accessed February 5, 2023). 98. Allen J. Beck, “Race and Ethnicity of Violent Crime Offenders and Arrestees, 2018,” U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Statistical Brief No. NCJ 255969, January 2021, https:// bjs.ojp.gov/content/pub/pdf/revcoa18.pdf (accessed February 3, 2023). — 581 — 18 DEPARTMENT OF LABOR AND RELATED AGENCIES Jonathan Berry MISSION STATEMENT At the heart of The Conservative Promise is the resolve to reclaim the role of each American worker as the protagonist in his or her own life and to restore the family as the centerpiece of American life. The role that labor policy plays in that promise is twofold: Give workers the support they need for rewarding, well-paying, and self-driven careers, and restore the family-supporting job as the centerpiece of the American economy. The Judeo-Christian tradition, stretching back to Genesis, has always recognized fruitful work as integral to human dignity, as service to God, neighbor, and family. And Americans have long been known for their work ethic. While it is primarily the culture’s responsibility to affirm the dignity of work, our federal labor and employment agencies have an important role to play by protect- ing workers, setting boundaries for the healthy functioning of labor markets, and ultimately encouraging wages and conditions for jobs that can support a family. OVERVIEW The labor agencies covered in this chapter include the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the National Mediation Board (NMB), the Federal Mediation and Conciliation Service (FMCS), and the Pension Benefit Guaranty Corporation (PBGC). Congress has provided these agencies with the authority to enforce a wide range of federal statutes regulating workplace conduct, workforce development, employee benefits, labor organization and bargaining, and interna- tional labor conditions.
AI Analysis:
"The bill focuses on worker privacy in union representation proceedings, while the Project 2025 policy emphasizes unemployment insurance reform, fraud detection, and non-union worker voice mechanisms like EIOs and the TEAM Act. There is minimal thematic overlap, as the bill does not address UI systems, fraud prevention, or alternative representation models highlighted in the policy."
— 598 — Mandate for Leadership: The Conservative Promise unemployment programs were defrauded of hundreds of billions of dollars, includ- ing by state-sponsored hacking groups. Not all state agencies are yet through their backlogs of appeals and fraud cases; the recovery of lost funds has been minimal; and fraud has now spilled into the traditional UI programs. The CARES Act era drastically altered the entire UI ecosystem: The federal–state partnership shifted toward federal programs and funding, and the social insurance purpose of the program was disconnected as benefits were extended, expanded to more typically uncovered populations, and made exponentially larger. l Congress should enact bipartisan commonsense UI program reforms, including statutory authority for the Labor Office of Inspector General (OIG) to access all state UI records for the purposes of investigation and requiring state agencies to crossmatch applicants with the National Directory of New Hires. l Congress should also develop a framework (through commission of a congressional report to serve as a blueprint) of technical standards on broader tech topics like usability, state agency cybersecurity postures, data taxonomy standardization, and/or identity verification standards. l Congress should provide DOL with more reasonable enforcement tools for the UI system. Currently, DOL can either send a strongly worded letter or revoke the entire Federal Unemployment Tax Act (FUTA)16 tax credit, which would place an immediate 6 percent to 7 percent tax on all covered employers. l DOL should review all actual or planned procurements against the $2 billion (under the American Rescue Plan Act)17 for UI fraud detection, accessibility, and equity investments. These funds do not have appropriations timelines and have very minimal statutory descriptions of the intended purpose. DOL should also review and propose changes to improve state monitoring programs including developing evidence-based frameworks for evaluating the technical readiness and security postures of the state agencies; strengthen its relationship with the OIG and Government Accountability Office (GAO), and support continued development of fraud prosecution with DOJ, the Department of Homeland Security (DHS), and the financial services community; ensure administrative and IT funding is outcome-based; and gather and publish best practices from state officials, industry partners, and other vendors who deliver UI services. — 599 — Department of Labor and Related Agencies WORKER VOICE AND COLLECTIVE BARGAINING Non-Union Worker Voice and Representation. American workers lack a meaningful voice in today’s workplace. Between 50 percent and 60 percent of workers have less influence than they want on critical workplaces issues beyond pay and benefits. Even managers are twice as likely to say their employees have too little influence rather than too much. But America’s one-size-fits-all approach undermines worker representation. Federal labor law offers no alternatives to labor unions whose politicking and adversarial approach appeals to few, whereas most workers report that they prefer a more cooperative model run jointly with management that focuses solely on workplace issues. The next Administration should make new options available to workers and push Congress to pass labor reforms that create non-union “employee involvement organizations” as well as a mechanism for worker representation on corporate boards. l Congress should reintroduce and pass the Teamwork for Employees and Managers (TEAM) Act of 2022.18 The TEAM Act: 1. Reforms the National Labor Relations Act’s (NLRA) Section 8(a)(2) prohibition on formal worker–management cooperative organizations like works councils. 2. Creates an “Employee Involvement Organization” (EIO) to facilitate voluntary cooperation on critical issues like working conditions, benefits, and productivity. 3. Amends labor law to allow EIOs at large, publicly traded corporations to elect a non-voting, supervisory member of their company’s board of directors. Alternative View. While some conservatives lament that workers lack sufficient voice in today’s workplace, others interpret the rise in independent and flexible work opportunities, significant expansion in family-friendly policies like paid family leave, and the decline in private sector unionization as indicators of workers’ increasing competency and control. Another way to help expand workers’ freedom and voices in traditional workplaces is by allowing them to choose who represents them in negotiations with their employer. The Worker’s Choice Act19 would accom- plish this by ending exclusive representation so that unions in right-to-work states are no longer forced to represent workers who do not want to join them. Union Transparency. Private-sector unions must file detailed financial infor- mation with DOL—on matters including union spending, income, loans, assets, membership information, and employee salary—but unions composed entirely
AI Analysis:
"The bill focuses on protecting employee privacy in union representation proceedings, while Project 2025 emphasizes union financial transparency, duty of fair representation, and NLRB enforcement priorities—areas not directly addressed by the bill’s provisions."
— 600 — Mandate for Leadership: The Conservative Promise of state or local employees are exempt from this filing requirement. These dis- closure requirements help workers and the public understand how union leaders are raising and spending union dues; they also can serve as a vital source of infor- mation that helps workers decide if the unions they are asked to join are good stewards of the funds they collect. DOL, under both George W. Bush and Donald Trump, tried rulemakings (known as the Intermediate Bodies Rule) that would require some government unions to file the same information that is required of private-sector unions. Under President Trump, OLMS required unions to disclose involvement in trusts that they either own a majority stake in or control. In the past, union trust spending has been hidden, and it appears that trust assets have occasionally been corruptly spent for the benefit of private interests in union leadership— such as $30,000 spent on a private party, $37,500 spent on a Montblanc pen, condominiums for those in power, golf outings, and a Ferrari.20 But the Biden DOL eliminated a transparency rule requiring the filing of the T-1 Trust Annual Report. More generally, OLMS, which is charged with enforcing the law of union dis- closure, has historically been underfunded when compared to other DOL agencies. This relative lack of funding has made ensuring disclosure more difficult. l Enact transparency rules. The substance of the Intermediate Bodies Rule should pass into law, either through rulemaking or through legislation. The T-1 Trust Annual Report annual filing requirement should be restored. l Increase funding levels. Congress should expand the funding of the Office of Labor-Management Standards. Duty of Fair Representation. Unions have a duty of fair representation to their members, yet they too often abuse that duty to use their members’ resources on left-wing culture-war issues that are unrelated, and in fact often harmful, to union members’ own interests. l The NLRB should take enforcement or amicus action advancing the position that political conflicts of interest by union leadership can support claims for breach of the duty of fair representation in a manner analogous to financial conflicts of interest and analogous to breaches of the fiduciary duty of loyalty in other areas of law. Interpreting “Protected Concerted Activity.” In an effort to prevent employers from retaliating against workers who express a desire to unionize, cer- tain activities are deemed “protected concerted activity” (under §7 of the NLRA). — 601 — Department of Labor and Related Agencies The NLRB has issued extreme interpretations of these activities, such as deter- mining that a business’s requiring its employees to be courteous to customers and one another is an unlawful infringement on the free speech rights implicit in the protected concerted activity protections in the NLRA. l Reverse unreasonable interpretations of “protected concerted activity.” The NLRB should return to the 2019 Alstate Maintenance interpretation of what does and does not constitute protected concerted activity, including listing eight instances of lawful actions by employers. Injunctive Relief and Worker Organizing Activities. Within the confines of the more reasonable definition of protected concerted activity described above, the NLRB should increase its pursuit of reinstatement injunctions. Firing work- ers engaged in concerted activity has an immediate chilling effect on organizing, but remedies under the NLRA typically come only much later and amount only to backpay. In NLRA section 10(j), Congress empowered the NLRB to obtain temporary injunctions that immediately reinstate workers to their jobs in these circumstances. This provides a more meaningful remedy to the worker and creates a significant deterrent to unfair labor practices, because prompt reinstatement will tend to reinforce the legitimacy of the organizing effort. The NLRB overwhelmingly prevails when pursuing an injunction, succeeding 100 percent of the time in 2020 and 91 percent of the time in 2021. l Increase the use of 10(j) injunctive relief. The NLRB should increase its use of 10(j) and should articulate guidelines for situations in which it intends to seek injunctive relief; the board should delegate authority to pursue such injunctions to the general counsel and the general counsel should establish a policy of considering them expeditiously in all retaliation cases identified by regional offices. Dues-Funded Worker Centers. Under current law, both labor unions and unionized employers must file financial disclosures with DOL on an annual basis to ward off potential fraud and corruption of the sort that has been seen recently within the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW). However, worker centers, which have grown in number and influ- ence enormously over the past decade, are not required to file these disclosures. l Investigate worker centers and require financial disclosures. DOL should investigate worker centers that look and act like unions and bring enforcement actions to require them to file the same financial disclosures.
Showing 3 of 5 policy matches
Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.