Skip to main content
  • Personal
  • Business
  • Foundation
    Close
    • Global
    • India
    • MENA
  • mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
  • Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      • Recertification
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      PMQ

      Gain a deeper understanding and develop critical skills.

  • Events & Education
    • India Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • Talent Leadership Summit
      • Tech Conference
      • India Annual Conference
      MENA Events
      • MENA Annual Conference
      Global Events
      • US Annual Conference
      Webinars
  • Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • Compliance
      • HR Research
      • Legal & Compliance
      • Latest News & Trends
      • Tools & Guides
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
  • SHRM Connect
  • Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Close
  • Personal
  • Business
  • Foundation
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
  • Certification
    back
    Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      • Recertification
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      PMQ

      Gain a deeper understanding and develop critical skills.

  • Events & Education
    back
    Events & Education
    • India Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • Talent Leadership Summit
      • Tech Conference
      • India Annual Conference
      MENA Events
      • MENA Annual Conference
      Global Events
      • US Annual Conference
      Webinars
  • Resources
    back
    Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • Compliance
      • HR Research
      • Legal & Compliance
      • Latest News & Trends
      • Tools & Guides
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
  • SHRM Connect
  • Shop
    back
    Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Topics & Tools
  2. Employment Law & Compliance
  3. U.S. House of Representatives Passes the PRO Act
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

U.S. House of Representatives Passes the PRO Act

March 10, 2021 | Allen Smith, J.D.

The united states capitol building in washington, dc.



​On March 9, the U.S. House of Representatives voted 225-206 to pass H.R. 842, the Protecting the Right to Organize (PRO) Act. If enacted into law, the bill would be the most expansive labor relations legislation since the National Labor Relations Act (NLRA) of 1935.

The legislation would, among other provisions:

  • Weaken right-to-work laws in 28 states by permitting unions to require workers at unionized companies to pay dues. Currently, employees in right-to-work states may choose not to pay union dues.
  • Greatly expand the definition of "employee" and almost expunge the concept of independent contractor.
  • Make it easier to establish that two or more employers are joint employers.
  • Prohibit class-action waivers in arbitration.
  • Expand damages under the NLRA.

 

On March 8, the Society for Human Resource Management (SHRM) wrote House Speaker Nancy Pelosi, D-Calif., and House Minority Leader Kevin McCarthy, R-Calif., a letter expressing concern over PRO Act provisions that would:

  • Violate employee privacy. The bill would violate employee privacy by denying employees the ability to choose how the union communicates with them. The legislation requires the disclosure of employees' home addresses, work locations, shifts, job classifications, and, if available, cellphone and landline numbers along with work and personal e-mail addresses—personally identifiable information that deserves the utmost protection
  • Revoke attorney-client privilege. The bill would amend the Labor-Management Reporting and Disclosure Act to require employers and their advisors to file public reports with the Department of Labor disclosing any arrangement that indirectly persuades employees regarding union organizing or collective bargaining. This provision improperly revokes attorney-client privilege, discouraging employers from seeking legal advice, a concept that was barred from going into effect under the Obama administration's so-called persuader rule.
  • Shorten union election time frames. The bill would require employers to provide the list of employees eligible to be organized in a labor union within two days of when a union petition has been filed. This time frame is inadequate for employers and increases their liability for an unfair labor practice if the information is inaccurate, SHRM noted.

"SHRM strongly supports policies that protect and ensure employers and employees are equally represented at the bargaining table," SHRM wrote. "Because H.R. 842 would create an imbalance in labor-market relations, SHRM urges you to oppose H.R. 842."

At a press conference on March 9, AFL-CIO President Richard Trumka called for enactment of the PRO Act, saying it would "end the worst practices of employers," such as permanent replacements during strikes and captive audience meetings trying to dissuade workers from organizing. He also said it would upend right-to-work laws. He promised "continued pressure on the Senate to act on the bill," adding that "corporations are too strong and workers aren't strong enough."

We've gathered articles on the legislation from SHRM Online and other trusted media outlets.

House Passed Bill Last Year

The U.S. House of Representatives passed the PRO Act last year, but no action was taken in the Senate. Under the PRO Act, if a union loses a secret-ballot election, it could file an unfair labor practice charge challenging the results. Then, if the employer couldn't prove that the alleged unfair labor practice did not affect the election results and there is card check (a majority of signatures on union authorization cards), the union would be automatically certified to represent the workers, even though the union lost the election.

(SHRM Online)

Legislation Again Faces Challenges in Senate

The legislation again is unlikely to pass in the Senate, given the lack of Republican support for it. Although Democrats narrowly control the Senate with Vice President Kamala Harris having the tie-breaking vote between the 50 Democrats and 50 Republicans, there likely won't be enough votes to overcome a filibuster.

(NPR)

Bill's Provisions on Permanent Replacement

The PRO Act would prevent employers from permanently replacing strikers in economic strikes. Employers already are prohibited from permanently replacing striking workers in unfair labor practices strikes.

(SHRM Online)

Independent Contractor Status

Sometimes companies misclassify employees as independent contractors. But true independent contractors don't generally want to be considered employees. They have many clients and prefer the flexibility and freedom of independent contractor status.

(Forbes)

'Legislative Grab Bag'

Proponents of the PRO Act say it will strengthen employees' rights and help employees secure better wages and working conditions, including safer workplaces. Opponents of the bill say it would hurt small businesses and make employers vulnerable to legal action. "The PRO Act is a legislative grab bag of virtually every modification to the NLRA that organized labor has sought for decades," said Brian Hayes, an attorney with Ogletree Deakins in Washington, D.C., and a former National Labor Relations Board member.

(SHRM Online)

ESG, Ethics & Compliance
Labor Unions


Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.



Related Content

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
Rising Demand for Workforce AI Skills Leads to Calls for Upskilling

As artificial intelligence technology continues to develop, the demand for workers with the ability to work alongside and manage AI systems will increase. This means that workers who are not able to adapt and learn these new skills will be left behind in the job market.

Workplace Compliance Newsletter

Summaries of legal decisions, legislative news and regulatory news, delivered Friday afternoons.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Foundation Logo
SHRM Executive Network Logo
CEO Circle Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview


  • About SHRM
  • SHRM India Advisory Council
  • Careers at SHRM
  • Press Room
  • Contact SHRM India
  • Book a SHRM Executive Speaker
  • Ask an Advisor
  • SHRM Newsletter
  • Post a Job
  • Find an HR Job
  • Advertise with us
  • Copyright & Permission
Contact Us


Email: shrmindia@shrm.org
Phone: (1)800.103.2198
WhatsApp: +919810503727

SHRM India Corporate Information

© 2025 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube

  1. Privacy Policy

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Member Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member?
Free Article
Limit Reached

Get unlimited access to articles and member-exclusive resources.

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join and enjoy unlimited access to SHRM Executive Network Content.

Already a member?
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member?

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now