Labor & Employment Law Daily Wrap Up, ON THE LABOR FRONT—Dictating terms of a labor contract under the NLRA: taking another bite of the proposed PRO act, (Nov 10, 2025)

By Michael J. Soltis

The proposed Richard L. Trumka Protecting the Right to Organize (PRO) Act, a potpourri of pro-labor reforms, has been labor’s holy grail since it was first introduced in Congress in 2019. Since the bill has died in every Congress, some might consider it a dead letter, but closer attention is warranted. Without the publicity of a vote in Congress, numerous bites of the PRO Act have already been enacted, and more bites are being considered.

During the Biden Administration, the National Labor Relations Board (NLRB) passed some PRO Act bites through its decisions. The Biden Board broadened the definition of joint employer, lowered the standard for a bargaining order remedy, diluted the traditional community of interest approach for a bargaining unit, and banned captive audience speeches.

Recently, a bipartisan group of both chambers of Congress has served up another PRO Act morsel by taking a section of the PRO Act and presenting it as a standalone bill.

If enacted, the Faster Labor Contracts Act (FLCA) would revise the fundamental structure of the NLRA for employers negotiating an initial contract. For a discussion of the practical ramifications of the bill and questions about the constitutionality of the NLRA, see Mike Soltis’ latest On the Labor Front article: Dictating Terms of a Labor Contract Under the NLRA: Taking Another Bite of the Proposed PRO Act.

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