On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act of 2021. The PRO Act is supported by key members of the Senate’s leadership, including Majority Leader Chuck Schumer. The PRO Act would be the most significant labor law reform in the United States since the World War II-era Taft-Hartley Act and the 1935 Wagner Act, which created the National Labor Relations Board (“NLRB”) and first granted private sector employees the right to form and join labor organizations (“unions”).
The United States House of Representatives passed an earlier version of the PRO Act in February, 2020, but the Senate declined to take further action at the time. While certain major business interests, such as the U.S. Chamber of Commerce, are opposed, President Biden has voiced his support for the PRO Act. At present, it is uncertain whether the PRO Act will become law—and if so, in what form.
If enacted, the PRO Act would result in sweeping changes to the National Labor Relations Act (“NLRA”), including drastically expanded damages, fines, and civil penalties—in some cases imposing personal liability on company officers and directors—as well as expanding pro-employee and union protections. The following is a summary of ten key areas employers should be aware of under the PRO Act.Read More