House Republicans are trying to union-bust. It might not work. 

In addition to numerous changes like proxy voting and committee investigations, Republicans’ new rules for the House include a less-discussed provision: an effort to approve staff’s ability to consolidate.

In 2022, House Democrats passed a resolution guaranteeing protections for staff trying to unionize in the lower chamber. Since then, staff in 14 Democratic offices have voted to continue the unionization process, overseen by the Office of Congressional Workplace Rights (OCWR). Until now, one – the former office of Rep. Andy Levin – completed and ratified the contract.

new rules Republicans try to stop these efforts, but because of the way they are written, it is not clear how much legal weight they actually have. Depending on how it is interpreted, it could slow down workers’ efforts to organize and lead to legal battles over their rights to continue. However, whether this happens remains to be seen.

As outlined by Republican legislation, unionization regulations passed last year by Democrats will have “no force or effect” in the 118th Congress. That language, in the end, may not be enough to stop staff from organizing because it doesn’t change the basic law that establishes the right to incorporate or create clear new rules to prevent such activities.

“I don’t think they hit the mark,” Kevin Mulshine, a legal expert who was previously a senior counsel at the Congressional Compliance Office, told Vox. “It can be done, but I don’t think they can do it.”

The Congressional Workers Union, a group of staff that led House organizing, echoed this sentiment, saying they planned to continue their union efforts. “It is our understanding that this does not have any impact on our organization’s current or future organizing activities,” said Taylor Doggett, a spokesperson for the CWU.

Although it may not have a direct practical effect, including Republicans this rule is still important, however. By trying to roll back the progress made by staffers, the GOP is sending an anti-labor message that is pushing unions in Congress, among others.

Republican efforts to end unionization have shaky legal footing

If the House GOP wants to end union efforts, there are two ways they can do it decisively.

The first would be to enact legislation that repeals the section of the Congressional Accountability Act of 1995 that guarantees staffers’ right to organize. However, that method will not go forward with Democrats holding the Senate.

The second will write rules that strictly bar unionizing in the House, said Mulshine. Republicans have so far stopped short of taking this approach, and did not respond to requests for comment on the language used.

As written, the GOP rule basically calls for OCWR to stop implementing the House regulation approved last year. Currently, staff must file a petition with OCWR if they wish to consolidate offices. Then the agency oversees the vote in the office, and if the majority of members agree, the union is recognized.

If Republican rules are followed, OCWR can effectively ignore new union petitions it receives, and refuse to monitor more votes. As Jim Saksa explains for Roll Call, it is unlikely that the rule will affect unions that have been recognized in many offices, including Reps. Ilhan Omar (D-MN), Ro Khanna (D-CA), Melanie Stansbury (D). -NM), Cori Bush (D-MO), Jesús “Chuy” García (D-IL), and Ted Lieu (D-CA).

Interpretation of this directive will be up to OCWR, an independent five-person agency that includes members named by both parties. Exactly how to do that is still up in the air, as OCWR has not yet commented on the new rule and did not respond to requests for comment.

Mulshine said OCWR has every right to simply ignore the Republican rulemaking package and continue accepting staff petitions. “I hope they will be strong in their response to the fact that we are an independent office, you cannot tell us what to do,” he said.

Depending on how OCWR responds, it’s possible Republican or CWU leaders could take legal action, though neither has said they intend to take such action. As Saksa writes, there are many gray areas in how the Republican rule will be implemented:

If [the OCWR] continue to monitor union elections, the speaker can demand; if not, the union or would-be committee can sue.

In any case, a federal court may decide that this is an unjust political question, leaving the legal issue unsolved.

All it takes is knowing that the GOP rule’s impact on unionization is still uncertain.

Union organizers are moving forward

Union leaders insist they are not swayed by the Republican rulemaking package and want to keep running the offices that have started the process, or are interested in doing so.

In 2022, congressional staffers began a unionization effort to fight low pay, unpredictable hours, and inhumane working conditions. Since then, they scored a major win when the House passed new protections that made the levy for unionizing less likely, and when then-Speaker Nancy Pelosi raised the salary floor for workers to $45,000. This year, he hopes to match those gains.

“Our answer is we’re not going to stop at all,” Doggett told Vox.

So far, 14 Democratic offices have filed petitions to join, seven have been admitted. (Levin’s office is among those already recognized, although he has since left Congress.) Those still awaiting votes include the offices of Representatives Alexandria Ocasio-Cortez (D-NY), Rashida Tlaib (D-MN), and Mark Takano (D-CA). , among others. Other new lawmakers including Reps. Maxwell Frost (D-FL) and Chris Deluzio (D-PA) also expressed support for unionizing efforts on Twitter, a sign that their staff may be interested in filing a new petition.

So far, no Republican office has voted to join, a dynamic that could affect how aggressively GOP leaders try to enforce the provision, as their staff is not participating.

If the rules are fully implemented, union organizers say the anti-jobs message they send is clear, so it’s clear that Republicans have rights and protections for workers, even as the party tries to position itself as an advocate for the working class. The treatment of Republican congressional staff reflects their attitude toward the workforce, he said.

“I think it really shows that the House GOP is interested in … taking away and disenfranchising workers,” Doggett said.