Top Senate labor Republicans, led by Senate Health, Education, and Labor Committee Chair Bill Cassidy (R-LA), introduced a suite of labor reform bills earlier this week.
Why it matters: Collectively, the proposals would make significant changes to union election processes, unfair labor practice charges, and workplace civility, among other areas. The package includes provisions that would benefit (and have been sought by) both employers and unions.
The bottom line: The 60-vote threshold in the Senate for passing major legislation continues to make bills such as these a longshot for passage. Nevertheless, the proposals underscore the growing Republican interest in reforming federal labor law—and not necessarily from a pro-employer perspective.
The labor reform proposals include:
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Worker RESULTS Act (S.3117): Would require secret ballot union elections (currently, this is only the “preferred” method, and employers can voluntarily recognize unions), and would require at least two-thirds of employees in a petitioned-for bargaining unit to participate for the results to be valid.
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The bill would also prevent employees from decertifying a union until an initial collective bargaining agreement is reached with the employer—a far less aggressive approach to incentivizing good faith bargaining than Sen. Hawley’s (R-MO) proposed Faster Labor Contracts Act, which would force unions and employers into mandatory arbitration after 120 days.
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Fairness in Filing Act (S.3116): Would penalize frivolous or bad faith unfair labor practice charges. While the practical effect is uncertain, in theory, this could deter unions from the common tactic of flooding employers with unfair labor practice charges during election and bargaining periods to gain leverage.
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Protection on the Picket Line Act (S.3124): Would harmonize anti-discrimination law (Title VII) and federal labor law and clarify that employers can discipline workers for offensive language or actions in the workplace, without incurring unfair labor practice charges.
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Worker Privacy Act (S.3128): Would limit unions’ ability to collect and use private employee information and data during organizing campaigns.
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Union Members Right to Know Act (S.3114): Would require unions to disclose union workers’ rights (such as Beck rights) and give workers more say in how their dues are spent.
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NLRB Stability Act (S.3115): Would require the National Labor Relations Board to adhere to federal appellate precedent. Currently, the Board can decline to follow such precedent and instead defer to its own position—the Biden-era Board consistently made use of this self-deference, for example.
CHRO Association advocacy: The Association continues to engage with Chair Cassidy and the Senate HELP Committee to ensure employer perspectives are reflected in any labor law reform efforts. The Association has long supported several of the above provisions—including harmonizing Title VII and the NLRA, codifying secret ballot elections, and more restrictions on solicitation and use of employee private information.
