New England Biz Law Update
Senate Republicans on the Health, Education, Labor, and Pensions (HELP) Committee have introduced a coordinated package of bills that would significantly reshape how union organizing, elections, and unfair labor practice (ULP) proceedings are handled under the National Labor Relations Act.
The proposal is the most extensive pro-employer labor reform push in several years.
About the bills
The package includes six different bills that focus on tightening union election procedures, increasing procedural requirements for filing labor complaints, and expanding transparency around union dues and spending. Highlights include:
- Worker RESULTS Act: Would mandate secret-ballot elections and require turnout from at least two-thirds of eligible workers for union certification. That would eliminate voluntary card-check recognition, a shortcut process that allows unions to be certified based on signed authorization cards without holding a formal election.
- Fairness in Filing Act: Requires supporting evidence to accompany unfair labor practice charges and adds potential monetary penalties for claims deemed frivolous or improperly motivated.
- Union Members Right to Know Act: Expands disclosure requirements for union spending and gives workers more explicit ability to opt out of having their dues used for non-representational activities via an annual opt-out process. That would likely reduce funds for political activities while increasing a union’s administrative and accounting burdens.
- NLRB Stability Act: Directs the NLRB to align decisions with the controlling federal appellate court, limiting shifts in precedent following changes in Board leadership. Proponents say this will curb venue shopping and increase predictability for employers and unions.
- Protection on the Picket Line Act: Clarifies when employers may discipline for misconduct committed during picketing or protests without violating Section 7 rights. That could narrow existing worker protections for emotional outbursts by making it easier for employers to discipline conduct that crosses into harassment or abuse.
- Worker Privacy Act: Prohibits unions from using voter-list contact information for non-organizing purposes, while accelerating employer deadlines for providing lists before elections.
Collectively, these measures would make union organizing more procedurally complex, reduce strategic avenues unions often use during contentious campaigns, and introduce new recordkeeping and compliance burdens for labor organizations.
Union and political reaction
Organized labor groups have signaled strong opposition.
The International Brotherhood of Teamsters has criticized the package and urged lawmakers to pursue bipartisan reforms instead.
Additionally, the legislation faces some resistance from within the Republican Party. Members of the GOP’s growing pro-union populist wing, including Sen. Josh Hawley (MO), are expected to push back against provisions they view as limiting worker power.
What’s next?
The legislation would need bipartisan backing to advance, and that’s a tall order in a closely divided Senate where Democrats are aligned with labor interests and have opposed similar measures in recent Congresses.
Historical precedent for labor-law reform suggests a steep uphill climb, and substantial revisions would likely be required to gain traction.
