H.R. 140 (PRO Act): What It Is, Who It Affects, and Why It Matters

Table of Contents#

1. What Is the PRO Act?
2. Core Provisions of the PRO Act, Explained
3. Who Benefits from the PRO Act?
4. Common Criticisms of the PRO Act
5. Current Legislative Status of the PRO Act
6. Frequently Asked Questions
7. Final Takeaways
8. References

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1. What Is the PRO Act?#

The PRO Act is a comprehensive federal labor reform bill first introduced in the U.S. House of Representatives in 2019, and reintroduced in every subsequent congressional session. In the 119th Congress (2025-2026), the bill was reintroduced on March 5, 2025 as H.R. 20 in the House and S. 852 in the Senate, now formally titled the Richard L. Trumka Protecting the Right to Organize Act of 2025, in honor of the late AFL-CIO president. The House bill is sponsored by Rep. Bobby Scott (D-VA), House Democratic Leader Hakeem Jeffries (D-NY), and Rep. Brian Fitzpatrick (R-PA). The Senate companion is sponsored by Sen. Bernie Sanders (I-VT).

Its core purpose is to amend the NLRA to:

• Strengthen protections for workers who want to form or join a union
• Penalize employers who illegally retaliate against organizing workers
• Reverse decades of anti-union policy, including provisions of the 1947 Taft-Hartley Act that have weakened union bargaining power

As of 2025, the bill has 210 co-sponsors in the House and broad support in the Senate. Notably, the bill has bipartisan backing, with Rep. Fitzpatrick serving as a Republican lead co-sponsor in the House.

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2. Core Provisions of the PRO Act, Explained#

The bill includes dozens of targeted reforms to U.S. labor law, with the most impactful provisions listed below:

2.1 Harsh penalties for illegal anti-union activity#

Under current law, employers who fire or retaliate against workers for organizing are only required to pay back lost wages, with no additional civil fines. The PRO Act would:

• Impose civil penalties of up to $50,000 per violation, rising to$100,000 for repeat offenders
• Allow workers to sue employers for emotional distress damages caused by illegal anti-union retaliation
• Make it a federal criminal offense to fire or discipline a worker for exercising their labor organizing rights

2.2 Overturns state "right-to-work" laws#

26 U.S. states currently have "right-to-work" laws that allow workers in unionized workplaces to opt out of paying union dues, even though they receive the full benefits of the union-negotiated contract (including higher wages, safety protections, and grievance procedures). The PRO Act would eliminate these laws, ending the "free rider" problem that drains union resources and weakens their bargaining power. Workers would still be able to opt out of paying the portion of dues used for political campaign spending.

2.3 Streamlines union election processes#

Current rules allow employers to delay union elections for months, hold mandatory "captive audience" meetings where workers are forced to listen to anti-union propaganda, and challenge voter eligibility to push votes back. The PRO Act would:

• Require union elections to be held on a fixed, reasonable timeline set by the National Labor Relations Board (NLRB)
• Ban mandatory captive audience anti-union meetings
• Allow workers to vote by mail or remotely for union elections
• Prevent employers from using voter eligibility challenges to delay election results

2.4 Codifies card check union recognition#

Under current rules, employers can refuse to recognize a union even if a majority of workers sign valid union authorization cards, forcing workers to go through a lengthy, often anti-union biased secret ballot election process. The PRO Act would require the NLRB to immediately certify a union if 50%+1 of workers in a bargaining unit sign valid authorization cards, unless the employer provides concrete evidence of fraud or coercion in the card collection process.

2.5 Protects gig and contract workers’ right to organize#

The bill codifies the "ABC test" for independent contractor classification, which requires that a worker meet all three of the following criteria to be classified as an independent contractor rather than an employee:

1. The worker is free from the control and direction of the hiring entity in connection with the performance of the work
2. The work performed is outside the usual course of the hiring entity’s business
3. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed This classification change would make millions of gig workers (for Uber, DoorDash, and similar platforms) eligible to unionize under the NLRA.

2.6 Bans permanent replacement of striking workers#

Current law allows employers to hire permanent replacement workers for employees who are striking for higher wages, better benefits, or improved working conditions, a rule that has discouraged strike activity for decades. The PRO Act would ban permanent striker replacement, ensuring workers cannot lose their jobs permanently for exercising their right to strike.

2.7 Mandates disclosure of anti-union spending#

U.S. employers currently spend an estimated $1.7 billion per year on anti-union consultants and law firms to fight organizing drives, with no requirement to disclose this spending to workers or the public. The PRO Act would require employers to report all spending on anti-union activities to the NLRB, which would be published as public record.

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3. Who Benefits from the PRO Act?#

3.1 Non-union workers attempting to organize#

Workers at companies like Starbucks and Amazon have faced widespread illegal retaliation for union organizing, including firings, schedule cuts, and store closures. The PRO Act’s penalties for retaliation would eliminate most of these bad-faith employer tactics.

3.2 Gig and contingent workers#

The ABC test classification would give millions of gig workers the legal right to bargain for higher pay, safety protections, and benefits, which they are currently barred from doing as independent contractors.

3.3 Existing union members#

The PRO Act includes a requirement that if a union and employer cannot reach a first contract within 90 days of certification, they will enter mediation, followed by binding arbitration if mediation fails. This eliminates the common employer tactic of dragging out contract negotiations for years to discourage union members. Repealing right-to-work laws also strengthens union finances, allowing them to invest more in bargaining and worker support.

3.4 All U.S. workers#

Economic Policy Institute research shows that areas with higher union density have higher average wages, better workplace safety standards, and stronger benefit packages for all workers, even those who are not union members.

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4. Common Criticisms of the PRO Act#

The bill is widely opposed by business lobbying groups, including the U.S. Chamber of Commerce, and many Republican lawmakers, who raise the following concerns:

1. Harm to small businesses: Opponents argue that increased labor costs and penalties will force small businesses to raise prices or lay off workers. Supporters note that the NLRA (and thus the PRO Act) only applies to businesses with more than $500,000 in annual revenue that operate across state lines, exempting most very small businesses.
2. Elimination of worker choice: Critics claim repealing right-to-work laws forces workers to pay union dues against their will. Supporters counter that unions are legally required to represent all workers in a bargaining unit, so non-dues payers are receiving benefits without paying their fair share of representation costs.
3. Loss of gig worker flexibility: Opponents argue the ABC test will force gig platforms to eliminate flexible scheduling for workers. Supporters note the PRO Act only governs unionization rights, and does not prohibit flexible scheduling, which workers can negotiate for as part of union contracts if they choose.
4. Increased strike activity: Critics claim banning permanent striker replacement will lead to more frequent strikes that disrupt supply chains and the broader economy. Supporters argue that stronger penalties for bad-faith bargaining will reduce strike activity by encouraging employers to negotiate fairly with unions.

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5. Current Legislative Status of the PRO Act#

The PRO Act passed the House of Representatives in 2021 when Democrats held a majority, but failed to reach the 60-vote threshold required to overcome a Senate filibuster. The bill was reintroduced in the 119th Congress on March 5, 2025 as H.R. 20/S. 852, but faces significant headwinds in the Republican-controlled House and Senate.

Adding to the challenge, the National Labor Relations Board (NLRB)—the agency responsible for enforcing federal labor law—has been effectively hobbled. In January 2025, President Trump fired NLRB Member Gwynne Wilcox, an action a federal court ruled unlawful. Without a functioning quorum, the NLRB cannot issue decisions on labor disputes, leaving workers with fewer protections against illegal employer retaliation during organizing drives.

The PRO Act remains a core policy priority for the Democratic Party, labor unions, and worker advocacy groups. However, with Republicans controlling both chambers of Congress, the bill is unlikely to receive a floor vote in the near term.

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6. Frequently Asked Questions#

Q: Is the PRO Act already law?#

A: No, it has not been passed by both chambers of Congress and signed by the president.

Q: Will the PRO Act raise my taxes?#

A: No, the bill includes no tax increases, and only imposes penalties on employers who violate labor laws.

Q: Does the PRO Act force me to join a union?#

A: No, you are never required to formally join a union. You will only be required to pay fair-share fees for the cost of union representation if you work in a unionized workplace, and you can opt out of the portion of dues used for political activity.

Q: Does the PRO Act apply to federal workers?#

A: No, federal workers are covered by separate labor laws (the Federal Service Labor-Management Relations Statute), so the PRO Act does not apply to them.

Q: How much do employers spend on anti-union campaigns each year?#

A: The Economic Policy Institute estimates U.S. employers spend roughly $1.7 billion annually on anti-union consultants and law firms to fight organizing drives.

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7. Final Takeaways#

The PRO Act is the most significant proposed update to U.S. labor law in 80 years, designed to level the playing field between workers and employers who have held disproportionate power in workplace negotiations for decades. Now renamed in honor of the late AFL-CIO president Richard Trumka, the bill continues to gain bipartisan support in Congress, though it faces an uphill battle in the current legislative environment. With the NLRB weakened by recent political developments and union membership hovering near historic lows, the stakes for labor rights reform remain high. For any worker concerned about fair pay, safe working conditions, and having a voice in their workplace, the PRO Act is a key policy to track.

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References#

1. U.S. Congress. (2025). H.R.20 - Richard L. Trumka Protecting the Right to Organize Act of 2025. Retrieved from https://www.congress.gov/bill/119th-congress/house-bill/20
2. Economic Policy Institute. (2026). How the PRO Act restores workers' right to unionize. Retrieved from https://www.epi.org/publication/pro-act-problem-solution-chart/
3. U.S. Bureau of Labor Statistics. (2026). Union Members Summary 2025. Retrieved from https://www.bls.gov/news.release/union2.nr0.htm
4. National Labor Relations Board. (n.d.). National Labor Relations Act. Retrieved from https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act
5. U.S. Department of Labor. (2025). Fact Sheet 13: Employment Relationship Under the Fair Labor Standards Act. Retrieved from https://www.dol.gov/agencies/whd/fact-sheets/13-flsa-employment-relationship
6. Economic Policy Institute. (2026). U.S. employers spend roughly $1.7 billion annually on union avoidance. Retrieved from https://www.epi.org/press/u-s-employers-spend-roughly-1-7-billion-annually-on-union-avoidance/