The PRO Act’s Potential Effect on Employers

On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act.1 With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a few key aspects of the legislation. If the PRO Act succeeds in the Senate, it will be the most significant change to United States labor law in decades. If the Act passes in the Senate—a fate far from certain—it will impact both unionized and non-unionized workplaces.

Eliminating State Right-to-Work Laws

A key provision of the PRO Act would override state “right-to-work” laws, a reversal of one of the key features of the 1947 Taft-Hartley amendments to federal labor law. Twenty-seven states, including Arizona, Idaho, Nevada, Texas, and Utah, have right-to-work laws, which prohibit unions from negotiating contracts with employers that would require employees to pay union dues to maintain employment.

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