The PRO Act bill threatens to fundamentally change the National Labor Relations Act in favor of organized labor. Last week, Rick Allen (R) Georgia introduced a more modest bill that provides some labor law breaks to employers. Congressmen Allen, who is Chairman of the Subcommittee on Health, Education, Labor and Pensions, introduced the Employee Rights Act bill.
Among other things this bill would address secret-ballot elections; block diversity, equity and inclusion (DEI) initiatives in collective bargaining agreements; address joint employment to ensure two employers remain legally distinct under labor law; and adds requirements restricting unions’ access to workers’ personnel information.
One major change this bill would accomplish is doing away with the “legal threat of shifting ‘joint employer’ standards”. Joint employer status is being used to tie two separate employers together and legally treat them as one employer for labor law purposes. Joint employer status has been argued to dissolve the legal difference between franchisor and franchisee and contractor and subcontractor for employment and labor law enforcement.
The bill would also require employees voting in a union representation election to legally work in the U.S. and would further protect workers’ rights to opt out of union representation in right to work states. Those are states that have laws in place that allow workers to leave a union and not pay union or agency fees. It was unclear how this provision of the bill would extend rights to those workers who already have them through their state laws. There are currently 25 states with Right to Work laws in effect. Until a couple of years ago, Michigan was one of them. Interestingly bills were just introduced in Michigan to re-instate right to work.
Congressmen Allen stated that “following a four-year assault on workers’ choices and freedoms under the Biden-Harris administration, the Employee Free Rights Act puts 21st-century workers first by advancing commonsense labor policies.”
Although both chambers of Congress now hold Republican majorities and Trump has historically aligned with business interests on policy matters, his selection of a decidedly pro-labor Secretary of Labor – along with other initiatives favoring organized labor – suggests a shift in his support toward unions.
That said, this bill does address positions against DEI and is arguably in favor of workers’ rights. Trump may see this as enough in line with his policies so far as to put his support behind it despite being a pro-business, anti-labor piece of legislation.
ASE will keep an eye on this federal bill and report on any developments.
Source: Law 360 Employment Authority. GOP Lawmaker Introduces Bill To Overhaul Labor Law (6/26/2025)