The Protecting the Right to Organize (PRO) Act – H.R. 842 – was passed in the House of Representatives by a 225-206 mostly party-line vote on March 9.
We reported in SAAs 2021-08 (Mar. 4) & -06 (Feb. 18) that the PRO Act had been introduced February 4 in the House. This omnibus bill has a small provision (see pages 11-13 of the text) aimed at legislatively overruling Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), where SCOTUS held that the FAA permits employers to use arbitration clauses containing class action waivers, notwithstanding the National Labor Relations Act’s (“NLRA”) protections of workers’ rights to act collectively. Specifically, the PRO Act would amend the NLRA to make it an unfair labor practice for any employer (not just those dealing with potential unionization) to use class action waivers, “notwithstanding” the Federal Arbitration Act.
(ed: *The bill was transmitted to the Senate.**We’ll track this one and keep our readers and followers informed. The Senate version -- S. 420 -- has 44 co-sponsors – no Republicans.)
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