The Protecting the Right to Organize (PRO) Act has little chance of being passed by Congress this year, but the National Labor Relations Board (NLRB) still has the power to adopt many of the legislation's proposed changes.

If enacted, the bill would "skew the amended laws drastically in favor of organized labor," said James Redeker, an attorney with Duane Morris in Philadelphia.

However, the bill "is not going to pass" for the time being, said Michael Lotito, an attorney with Littler in San Francisco. He explained, "While it passed the House twice when under a Democratic majority, it would not pass now under Republican leadership. Nor would it pass the Senate given filibuster rules."

Moreover, several Democratic senators would likely oppose the PRO Act, Lotito said.

Provisions that the NLRB Could Advance

Still, there are numerous PRO Act provisions that the NLRB has the power to implement, Redeker said.

Some of the proposed changes would:

• Prohibit employers from hiring permanent replacements for strikers.
• Bar employers from engaging in "offensive lockouts"—locking employees out before an impasse in bargaining for the purpose of putting pressure on the employees to agree to the employer's positions on issues.
• Prohibit "captive audience" speeches and conversations.
• Ban employers from declaring an impasse in bargaining an initial contract and then implementing new terms and conditions of employment.
• Prohibit employers from unilaterally withdrawing recognition of a union...

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