SAN DIEGO — Marni von Wilpert, a Democratic candidate running for California’s 51st Congressional District, is campaigning on a promise to overhaul federal labor laws—legislation she helped draft herself. At the center of her platform is the Protecting the Right to Organize (PRO) Act, a sweeping proposal to modernize the National Labor Relations Act (NLRA) and strengthen workers’ ability to unionize, bargain collectively, and challenge corporate power. If elected, von Wilpert would bring rare firsthand expertise to Congress: she was one of the key architects of the PRO Act during her tenure as a labor policy attorney at the Economic Policy Institute (EPI), a Washington, D.C.-based think tank.
Von Wilpert’s candidacy comes at a pivotal moment for the American labor movement. Union membership has declined steadily over the past half-century, while corporate profits and CEO pay have soared. Workers across industries—from Amazon warehouse employees to Starbucks baristas—have faced aggressive anti-union campaigns, retaliatory firings, and legal obstacles to organizing. The PRO Act, which passed the U.S. House in 2021 but stalled in the Senate, seeks to reverse these trends by closing loopholes in federal labor law, imposing stricter penalties on employers who violate workers’ rights, and expanding protections for gig workers and independent contractors. Now, with Democrats holding a narrow majority in the House and a razor-thin edge in the Senate, von Wilpert argues that the time to pass the PRO Act is now—or risk losing another generation of workers to precarious employment.
What Happened: From Ice-Cream Shop Brainstorm to Congressional Campaign
The origins of the PRO Act trace back to an unlikely setting: a Washington, D.C. ice-cream shop in 2017. Von Wilpert, then a labor lawyer at EPI, met with a small group of colleagues to discuss how to update the NLRA, a Depression-era law that has not seen major reforms since the 1940s. Over scoops of salted caramel, the group sketched out a framework for legislation that would address modern workplace challenges, from misclassification of employees as independent contractors to the rise of anti-union “captive audience” meetings, where employers pressure workers to reject unionization.
By 2019, von Wilpert and her colleagues had formalized their proposals into the PRO Act. The bill was introduced in Congress that year and quickly became a rallying cry for labor advocates. It includes provisions to:
– Ban captive audience meetings, where employers force workers to attend anti-union presentations.
– Impose civil penalties on companies that retaliate against workers for organizing, including fines of up to $50,000 per violation.
– Strengthen collective bargaining rights by allowing unions to override state “right-to-work” laws, which weaken unions by letting workers opt out of paying dues.
– Expand the definition of “employee” to include gig workers and independent contractors, granting them federal labor protections.
– Speed up union elections to prevent employers from dragging out the process and intimidating workers.
The PRO Act passed the House in 2021 with near-unanimous Democratic support but died in the Senate, where it faced opposition from Republicans and a handful of centrist Democrats. Now, von Wilpert is running for Congress on a platform centered on reviving the bill—and ensuring it becomes law.
Her campaign slogan, “Unrig the economy for working people,” reflects her belief that corporate influence has tilted the economic playing field against workers. In interviews, she has pointed to the growing wealth gap, stagnant wages, and the erosion of workplace protections as evidence that the system is broken. “For too long, politicians have talked about helping workers while doing the bidding of corporate donors,” von Wilpert said in a recent campaign speech. “I wrote the PRO Act to change that. Now, I want to pass it.”
Why It Matters: The Stakes for Workers, Unions, and the Economy
Von Wilpert’s candidacy is more than a symbolic gesture—it represents a test of whether the labor movement can translate grassroots momentum into legislative victory. The PRO Act is the most ambitious labor reform proposal in decades, and its fate could shape the future of work in America. Here’s why it matters:
1. The Decline of Unions and the Rise of Corporate Power
Union membership in the U.S. has plummeted from a peak of 35% in the 1950s to just 10% today. Meanwhile, corporate profits have reached record highs, and CEO pay has skyrocketed to nearly 400 times the average worker’s salary. Labor advocates argue that this imbalance is no accident: decades of deregulation, court rulings, and employer-friendly policies have weakened unions and emboldened companies to resist organizing efforts. The PRO Act seeks to reverse this trend by making it harder for employers to undermine unions and easier for workers to join them.
2. The Gig Economy and the Fight for Worker Classification
One of the PRO Act’s most contentious provisions is its effort to reclassify gig workers—such as Uber drivers and DoorDash delivery workers—as employees rather than independent contractors. This change would grant them access to minimum wage protections, overtime pay, and the right to unionize. Companies like Uber and Lyft have spent millions lobbying against similar measures, arguing that reclassification would destroy their business models. Von Wilpert counters that the current system exploits workers by denying them basic protections. “If you’re working full-time for a company, you should be an employee,” she said in a recent debate. “The gig economy wasn’t built on innovation—it was built on avoiding labor laws.”
3. The Political Battle Over Labor Law
The PRO Act has become a litmus test for the Democratic Party’s commitment to labor rights. While President Joe Biden has voiced support for the bill, its passage hinges on overcoming a Senate filibuster—a near-impossible task without eliminating or reforming the procedural rule. Von Wilpert has called for Democrats to use their slim majority to push the bill through, even if it means overriding the filibuster. “This isn’t about politics,” she said. “It’s about whether we believe workers deserve a fair shot.”
Republicans, meanwhile, have framed the PRO Act as a “union power grab” that would hurt small businesses and kill jobs. The U.S. Chamber of Commerce, the nation’s largest business lobbying group, has called the bill “the worst piece of labor legislation in a generation,” arguing that it would impose burdensome regulations on employers. Von Wilpert dismisses these claims as fearmongering, pointing to studies showing that unions boost wages, reduce income inequality, and improve workplace safety.
4. The Broader Fight for Economic Justice
Beyond labor law, von Wilpert’s campaign reflects a growing progressive movement to challenge corporate dominance in American politics. Her platform includes proposals to raise the federal minimum wage to $17 an hour, expand paid family leave, and strengthen antitrust enforcement to break up monopolies. She has also called for closing tax loopholes that benefit the wealthy and corporations, arguing that the revenue could fund social programs and infrastructure projects.
“This isn’t just about unions,” von Wilpert said. “It’s about whether we’re going to have an economy that works for everyone or just the people at the top.”
Background and Context: How We Got Here
To understand the significance of von Wilpert’s campaign, it’s worth examining the historical context of labor law in the U.S. and the forces that have shaped the current debate.
1. The National Labor Relations Act and Its Erosion
The NLRA, passed in 1935, was a landmark law that guaranteed workers the right to organize and bargain collectively. It established the National Labor Relations Board (NLRB) to enforce these rights and prohibited employers from engaging in unfair labor practices, such as firing workers for union activity. However, the law has been weakened over time by court rulings, legislative changes, and employer resistance. For example:
– The Taft-Hartley Act of 1947 rolled back some of the NLRA’s protections, allowing states to pass “right-to-work” laws that undermine unions by letting workers opt out of paying dues.
– The Reagan administration’s firing of striking air traffic controllers in 1981 sent a signal to employers that union-busting would face little consequence.
– The Supreme Court’s 2018 Janus v. AFSCME decision dealt a major blow to public-sector unions by ruling that non-union workers cannot be required to pay “fair share” fees to cover the cost of collective bargaining.
These developments have contributed to the steady decline of union membership and the growing power imbalance between workers and employers.
2. The Rise of the Gig Economy and the Fight for Worker Rights
The gig economy has further complicated the labor landscape. Companies like Uber, Lyft, and DoorDash have classified their workers as independent contractors, denying them benefits like health insurance, paid sick leave, and unemployment insurance. In response, workers and labor advocates have pushed for reclassification. California’s Proposition 22, a 2020 ballot measure funded by gig companies, exempted app-based drivers from being classified as employees, setting a precedent that other states have followed. The PRO Act seeks to override such measures by establishing a federal standard for worker classification.
3. The Political Divide Over Labor Law
Labor law has long been a partisan issue, with Democrats generally supporting unions and Republicans opposing them. However, the PRO Act has exposed divisions within the Democratic Party. While progressive lawmakers like Sen. Bernie Sanders (I-Vt.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.) have championed the bill, centrist Democrats like Sen. Joe Manchin (D-W.Va.) have expressed concerns about its impact on businesses. In the Republican Party, opposition to the PRO Act is nearly unanimous, with lawmakers arguing that it would harm the economy and infringe on states’ rights.
4. The Labor Movement’s Resurgence
Despite the challenges, the labor movement has seen a resurgence in recent years. High-profile unionization drives at Amazon, Starbucks, and Trader Joe’s have captured national attention, and public support for unions has reached its highest level in decades. A 2023 Gallup poll found that 67% of Americans approve of labor unions, the highest figure since 1965. This momentum has given labor advocates hope that the PRO Act could finally become law—but only if Democrats can overcome Republican opposition and unite their own caucus.
What to Watch Next: The Road Ahead for the PRO Act and Von Wilpert’s Campaign
Von Wilpert’s campaign is still in its early stages, but several key developments could shape its trajectory—and the future of the PRO Act:
1. The 2026 Midterm Elections
Von Wilpert is running in California’s 51st Congressional District, a safely Democratic seat currently held by Rep. Sara Jacobs (D-Calif.), who is not seeking re-election. While von Wilpert is favored to win the primary, her general election opponent—a Republican yet to be determined—could pose a challenge if national political winds shift. A strong showing by von Wilpert could signal broader support for labor-friendly policies, while a loss could embolden opponents of the PRO Act.
2. The Senate Filibuster and Democratic Unity
Even if von Wilpert wins and the PRO Act passes the House again, its fate in the Senate remains uncertain. Democrats would need to either secure 60 votes to overcome a filibuster or use the budget reconciliation process, which allows certain bills to pass with a simple majority. Von Wilpert has called for Democrats to “do whatever it takes” to pass the bill, but centrist senators like Manchin and Kyrsten Sinema (I-Ariz.) have resisted efforts to eliminate the filibuster. Without their support, the PRO Act could once again stall in the Senate.
3. Legal Challenges and Corporate Pushback
If the PRO Act becomes law, it will almost certainly face legal challenges from
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Story synopsis gathered from: The Guardian World — source
