A lot has happened since our first PRO Act Pivot webinar in August. The NLRB has a fully confirmed Democrat majority. General Counsel Jennifer Abruzzo has outlined her key priorities and telegraphed what employers can expect soon. And the $3.5 trillion infrastructure package includes a surprising list of PRO Act features (plus some new gems) that could become law very soon, without the need for 60 votes in the Senate.

In this webinar Phil picks up where the first PRO Act Pivot let off. We’ll drill down into key predictions of what’s coming next, and offer additional practical tips on how to respond. IMPORTANT NOTE: NONE of these changes require actual passage of the PRO Act.

Key items we will cover (including how to respond) include:
• Is Card Check Coming Sooner Than We Think? Using an obscure, decades-old case, the NLRB is on the verge of adopting card check as the default method for deciding whether unions get into companies and avoiding elections altogether. Yes, this is possible (in fact it is LIKELY).
• Back Door Mandatory Arbitration? Relying on another ancient board decision the General Counsel will urge the Board to expand remedies in bargaining cases to include extraordinary remedies like awarding employees what the Board believes would have been in a contract absent the alleged bad faith bargaining. This is tantamount to the Board deciding contract language.
• Will Union Organizers Be Given Access to Your Property? This is prominently listed as a potential remedy to alleged election campaign misconduct, both in enforcement guidance and in the reconciliation package. Everything from equal time, access in break areas, forcing employers to read notices with the union present, being on site as a witness to disciplinary meetings, etc. are all on the table.
• Will Unions Get to Pick Who Goes to Work for YOU? In the most egregious new development, the enforcement memos and reconciliation language also include giving unions the right to pick an employee of their choosing to be reinstated in cases where an employee is terminated but that employee no longer wishes to work for the company.

We’ll cover all this and much more. As always our focus will not only be on the threats (although there’s a lot of those), but most important on practical steps you can take now to limit risk and avoid trouble.