The Striking Workers Healthcare Protection Act introduced by a group of House Democrats, led by Rep. Cindy Axne (D-IA), would prohibit employers from cutting off or altering workers’ health care benefits while they are on strike.
The bill would amend the National Labor Relations Act to specifically prohibit employers from ending or cutting back health insurance for employees while they are on strike. Employers in violation of the Act would be subject to fines of up to $50,000, which would be doubled for repeat offenders.
The bill comes as high-profile cases of labor unrest continue around the country. The announcement of the bill directly references the recent strike of United Auto Workers members at plants that went on strike this past fall, during which the company threatened to cancel health care coverage for thousands of the striking employees. Similarly, during a strike in 2019, an auto company ended health care coverage for striking employees for a week before changing course. Rep. Axne’s introductory statement cited both strikes and named the companies as examples of why the legislation is needed.
Outlook: Rep. Axne’s group is still seeking cosponsors for the bill, which is unlikely to see a floor vote in the House anytime soon. The current Democratic majority in the House would likely pass the bill, where its Senate chances in its current form would be much slimmer. Given that bigger swings at labor law reform such as the PRO Act and parts of the Build Back Better Act have thus far missed, it is possible that smaller scale attempts such as the Striking Workers Healthcare Protection Act could proliferate.
Gregory Hoff
Associate Counsel, Director of Labor and Employment Law and Policy, HR Policy Association
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