Trump Labor Nominee Walks Back Past Support of Pro-Union Bill

Lori Chavez-DeRemer Wednesday distanced herself from her past support of expanding collective bargaining law, vowing to senators she would follow President Donald Trump’s agenda if confirmed as his Secretary of Labor.

The one-term Republican congresswoman disavowed her previous backing of the Protecting the Right to Organize Act (H.R. 842) during a hearing before the Senate Health, Education, Labor, and Pensions Committee, asserting her cosponsorship of the bill was intended to ensure she was part of the conversation.

“I recognize that I’m no longer the lawmaker, and I do not believe that the Secretary of Labor should write the laws,” Chavez-DeRemer said when asked about her current support of the PRO Act. “And I have said that the bill was imperfect.”

The Labor Department nominee said she was committed to reviewing all rules and regulations at the agency, specifically the issue of joint employment, a major liability concern for businesses with franchise and contracting arrangements.

The former congresswoman vowed to support the independent contractor model, another legal area that has changed rapidly amid the growth of contractor relationships in the gig economy. Workers classified as independent contractors aren’t protected under the Fair Labor Standards Act, and unions and Democrats have argued that companies are expanding the use of contractors to shield themselves from minimum wage and tax liabilities.

By affirming the business community’s positions on the issue of joint employment and independent contractor status — typically prerequisites for a GOP-nominated labor secretary — Chavez-DeRemer signaled that her policy approach won’t be swayed by her organized labor ties.

“The goal is the option: If people choose to organize, they should have a free and fair right to organize, and if they choose not to, they should also have that right,” Chavez-DeRemer said in response to a question on whether more workers should join unions to grow the middle class.

“The flexibility and the conversation is what’s key here,” she said. “And is there room for both? I believe there is.”

Pro-Act

GOP senators focused their questioning on Chavez-DeRemer’s sponsorship of the PRO Act as an Oregon representative last Congress. She said she no longer supported overturning state right-to-work laws or getting rid of secret ballot union elections, key provisions of the legislation.

The PRO Act, vehemently opposed by business groups, would create new penalties for labor violations and codify an employment classification test that would make it harder under the National Labor Relations Act for employers to use independent contractors. The bill would also enact California’s “ABC” classification test at the federal level, which presumes a worker is an employee as opposed to an independent contractor.

While the legislation would only apply to laws enforced by the National Labor Relations Board, many of the policy areas touched by the law parallel issues dealt with under the FLSA, which is enforced by the DOL.

Chavez-DeRemer’s support of the legislation caught the attention of organized labor. Teamsters President Sean O’Brien was key in swaying Trump to tap her to the cabinet position.

Democrats sought assurances from Chavez-DeRemer that she would protect sensitive data stored at the DOL, following the Department of Government Efficiency’s plans to access the agency’s computer systems and ongoing litigation to block that access.

Sen. Patty Murphy (D-Wash.) asked whether the nominee would shield the data from being inappropriately used, , like if Elon Musk were to request data about his company or competitors.

“I would protect the private information,” Chavez-DeRemer responded.

Pressed by Democrats on the panel, Chavez-DeRemer confirmed her support of the Butch Lewis Act, a 2021 law that provided long-term loans to shore up multi-employer pension plans. She also said she agreed that collective bargaining agreements could be enforced by law.

A committee vote to send Chavez-DeRemer’s nomination to the full Senate consideration won’t take place for at least another seven days, according to the HELP committee.