119-hr5408

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5408 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5408

 To accelerate workplace time-to-contract under the National Labor 
 Relations Act.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 16, 2025

 Mr. Norcross (for himself, Mr. Stauber, Mr. Deluzio, Mr. Fitzpatrick, 
Ms. Budzinski, Ms. Malliotakis, Mr. Kennedy of New York, Mr. Bacon, Mr. 
 Riley of New York, Mr. Lawler, Ms. Craig, Mr. Rulli, Mr. Golden of 
Maine, Mr. LaLota, Ms. Randall, Mr. Van Drew, Mr. Larsen of Washington, 
Mr. Smith of New Jersey, Ms. Scanlon, Mr. Bresnahan, Mr. Magaziner, Mr. 
 Moore of West Virginia, Mr. McGarvey, Mr. Garbarino, Ms. Stevens, and 
 Mr. Lynch) introduced the following bill; which was referred to the 
 Committee on Education and Workforce

_______________________________________________________________________

 A BILL

 To accelerate workplace time-to-contract under the National Labor 
 Relations Act.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Faster Labor Contracts Act''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) Employees in the United States have a right to organize 
 collectively in order to secure higher wages and other 
 benefits, and regularly exercise that right by voting to be 
 represented by a labor organization in their workplaces.

    (2) A successful vote in favor of representation by a labor 
 organization does not immediately lead to an agreement between 
 the parties. Often the negotiation process is difficult and 
 protracted, taking a year or longer.

    (3) Research indicates that these contracting delays are 
 increasing over time. A Bloomberg Law study from 2021 found 
 that the average number of days between a vote in favor of 
 representation by a labor organization and a contract entered 
 into between the parties was 465 days.

    (4) Delays in the processing of collective bargaining 
 contracts primarily benefit employers opposed to representation 
 by the labor organization. The employers can use those delays 
 to sap labor organization resolve and secure more favorable 
 terms for the employer.

    (5) In order for employees in the United States to fully 
 enjoy the benefits guaranteed to them by Federal labor law, 
 those employees must be able to promptly secure a first 
 contract following the legal recognition or certification of a 
 labor organization, and Federal labor law ought to facilitate 
 this expediency.

SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.

 

Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
amended--

    (1) in subsection
            (d) --
        (A) by redesignating paragraphs

    (1) through

    (4) as 
 subparagraphs
        (A) through
            (D) , respectively;
        (B) by striking ``For the purposes of this 
 section'' and inserting ``

    (1) For the purposes of this 
 section'';
            (C) by inserting ``(and to maintain current wages, 
 hours, and terms and conditions of employment pending 
 an agreement)'' after ``arising thereunder'';
            (D) by inserting ``: Provided, That an employer's 
 duty to collectively bargain shall continue absent 
 decertification of the representative following an 
 election conducted pursuant to 

section 9'' after 
 ``making of a concession'';
        (E) by inserting ``further'' before ``, That where 
 there is in effect'';
        (F) by striking ``The duties imposed'' and 
 inserting ``

    (2) The duties imposed'';
        (G) by striking ``by paragraphs

    (2) ,

    (3) , and

    (4) '' 
 and inserting ``by subparagraphs
        (B) ,
            (C) , and
            (D) of 
 paragraph

    (1) '';
        (H) by striking ``

section 8
            (d) (1) '' and inserting 
 ``paragraph

    (1)
        (A) '';
            (I) by striking ``

section 8
            (d) (3) '' each place it 
 appears and inserting ``paragraph

    (1)
            (C) '';
        (J) by striking ``

section 8
            (d) (4) '' and inserting 
 ``paragraph

    (1)
            (D) ''; and
        (K) by adding at the end the following:
 ``

    (3) Whenever collective bargaining is for the purpose of 
establishing an initial collective bargaining agreement following 
certification or recognition of an individual or labor organization as 
a representative as provided under 

section 9

    (a) , the following shall 
apply:
 ``
        (A) Not later than 10 days after receiving a written 
 request for collective bargaining from an individual or labor 
 organization that has been newly recognized or certified as a 
 representative as provided under 

section 9

    (a) , or within such 
 further period as the parties agree upon, the parties shall 
 meet and begin bargaining collectively, and shall make every 
 reasonable effort to conclude and sign a collective bargaining 
 agreement.
 ``
        (B) If after the expiration of the 90-day period 
 beginning on the date on which bargaining is commenced, or such 
 additional period as the parties may agree upon, the parties 
 have failed to reach an agreement, either party may notify the 
 Federal Mediation and Conciliation Service that a dispute 
 exists, and may request mediation. Whenever such a request is 
 received, the Service shall promptly communicate with the 
 parties and use its best efforts, by mediation and 
 conciliation, to secure an agreement.
 ``
            (C) If after the expiration of the 30-day period 
 beginning on the date on which the request for mediation is 
 made under subparagraph
        (B) , or such additional period as the 
 parties may agree upon, the Service is not able to bring the 
 parties to agreement by conciliation, the Service shall refer 
 the dispute to a 3-person arbitration panel established in 
 accordance with such regulations as may be prescribed by the 
 Service, with one member selected by the individual or labor 
 organization, one member selected by the employer, and one 
 neutral member mutually agreed to by the parties. The 
 individual or labor organization and the employer must each 
 select the members of the 3-person arbitration panel within 14 
 days of the Service's referral; if the individual or labor 
 organization or the employer fail to do so, the Service shall 
 designate any members not selected by the individual or labor 
 organization or by the employer. A majority of the 3-person 
 arbitration panel shall render a decision settling the dispute 
 and such decision shall be binding upon the parties for a 
 period of 2 years, unless amended during such period by written 
 consent of the parties. Such decision shall be based on--
 ``
            (i) the employer's financial status and 
 prospects;
 ``
            (ii) the size and type of the employer's 
 operations and business;
 ``
            (iii) the employees' cost of living;
 ``
            (iv) the employees' ability to sustain 
 themselves, their families, and their dependents on the 
 wages and benefits they earn from the employer; and
 ``
            (v) the wages and benefits other employers in the 
 same business provide their employees.''; and

    (2) in subsection

    (g) , by striking ``clause
        (B) of the last 
 sentence of 

section 8
            (d) of this Act'' and inserting 
 ``subsection
            (d) (2)
        (B) ''.

SEC. 4. GAO REPORT EXAMINING AVERAGE WORKPLACE TIME-TO-CONTRACT.

 Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report examining the average number of days between--

    (1) the date on which an individual or labor organization 
 is certified or recognized as the representative of employees 
 under 

section 9

    (a) of the National Labor Relations Act (29 
 U.S.C. 159

    (a) ), following the date of enactment of this Act; 
 and

    (2) the date on which the parties enter into an initial 
 collective bargaining agreement.
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