The Faster Labor Contracts Act (FLCA) is one of the most consequential labor policy fights of this Congress and employers should expect it to resurface in the months ahead.
After the FLCA passed the House by a discharge petition, Senator Josh Hawley (R-MO) attempted to attach the FLCA as an amendment to a health care bill scheduled for markup in the Senate Health, Education, Labor and Pensions (HELP) Committee. Rather than allow the FLCA to be brought up, HELP Committee Chair Bill Cassidy (R-LA) pulled the underlying bill entirely.
We expect Senator Hawley to continue searching for another legislative vehicle to bring the FLCA before the Committee or Senate chamber before year’s-end.
The FLCA is intended to “speed up” a bargaining timeline. It replaces negotiation with a government-driven process that can strip employers and unions of control over the outcome, potentially enshrining those terms in labor agreements for years to come.
Here’s how the process would work under the bill after a union is certified:
-
Day 10: Bargaining must begin.
-
Day 90: If no agreement is reached, parties move to mediation.
-
Day 120: If mediation fails after 30 days, the dispute goes to government-imposed binding arbitration.
If an employer and a newly certified union cannot reach agreement within 120 days, the federal government imposes contract terms neither side negotiated. These terms can stand for up to two years, with no meaningful appeal.
The scope of government-imposed terms is broad. They can extend to wages, incentive pay, benefits design, scheduling practices, termination standards, paid time off, remote-work policies, even retirement plan structure.
What Association Members Can Do Now
Engagement with Senate Republican offices and White House policy staff remains one of the most effective tools employers have this fall. The following Senate Republicans are considered potential swing votes should the FLCA come before the HELP Committee or the full Senate for consideration:
-
Susan Collins (R-ME)
-
Roger Marshall (R-KS)
-
Lisa Murkowski (R-AK)
-
Deb Fischer (R-NE)
-
Jon Husted (R-OH)
-
David McCormick (R-PA)
-
Bernie Moreno (R-OH)
-
Dan Sullivan (R-AK)
Member companies with operations in these states should reach out directly to express concerns about the FLCA’s impact on their workforce and business operations.
Please contact Chatrane Birbal at Cbirbal@chro.org if your company would like to assist with our advocacy efforts or more information on the legislation.
