119-s3117

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3117 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 3117

To amend the National Labor Relations Act regarding labor organization 
 elections, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 November 6, 2025

 Mr. Cassidy (for himself and Mr. Tuberville) introduced the following 
 bill; which was read twice and referred to the Committee on Health, 
 Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

To amend the National Labor Relations Act regarding labor organization 
 elections, and for other purposes.

 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 ``Worker Reforming Elections for 
Speedy and Unimpeded Labor Talks Act'' or the ``Worker RESULTS Act''.

SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT REGARDING 
 ELECTIONS.

    (a) Certification Bar; Extension of Recertification Window; 
Decertification During Initial Bargaining Phase.--

    (1) In general.--

Section 9
            (c) (3) of the National Labor 
 Relations Act (29 U.S.C. 159
            (c) (3) ) is amended--
        (A) by striking ``No election'' and inserting ``
        (A) No election'';
        (B) by striking ``held.'' and inserting the 
 following: ``held in which a majority of the employees 
 in the bargaining unit fail to select a representative 
 for purposes of collective bargaining.
 ``
        (B)
            (i) In the case of a valid election in which the majority of 
the employees in a bargaining unit select a representative for purposes 
of collective bargaining, the Board shall dismiss any petition for an 
election under this subsection with respect to the bargaining unit, or 
any subdivision, that is filed before there is collective bargaining 
agreement with respect to the employees in effect between the 
representative and the employer of the employees.
 ``
            (ii) 
            (I) If the Board determines that, during the initial 
collective bargaining phase for an employer and a representative 
selected for purposes of collective bargaining by the employees of the 
bargaining unit, the representative is not bargaining collectively in 
good faith with the employer, then--
 ``

    (aa) there shall be a 90-day period, beginning on the 
 date that is 60 days after the Board makes such determination 
 and ending on the date that is 150 days after such 
 determination (referred to in this clause as the 
 `decertification window period'), during which a petition may 
 be filed in accordance with paragraph

    (1)
        (A)
            (ii) or subsection

    (e)

    (1) , as applicable; and
 ``

    (bb) not later than 45 days before the first day of the 
 decertification window period, the Board shall provide notice 
 to each employee in the bargaining unit regarding the Board's 
 determination under this clause.
 ``
            (II) In this clause, the term `initial collective bargaining 
phase' means the period beginning on the date of a valid election in 
which the majority of employees in a bargaining unit select a 
representative for purposes of collective bargaining and ending on the 
day before the date on which such representative and the employer of 
the employees enter into the initial collective bargaining agreement.
 ``
            (C) With respect to an employer and a representative of employees 
of the employer in a bargaining unit, beginning on the date on which 
the first collective bargaining agreement takes effect between such 
employer and such representative with respect to such unit, the Board 
shall dismiss any petition for an election under this subsection with 
respect to the bargaining unit unless the petition is filed--
 ``
            (i) during any period during which a collective 
 bargaining agreement between the employer and such 
 representative with respect to such unit is not in effect; or
 ``
            (ii) during any window period applicable to the employer 
 and representative with respect to such unit, in accordance 
 with subparagraph
            (D) .
 ``
            (D) 
            (i) For purposes of subparagraph
            (C) and subject to clause
            (ii) , the term `window period', with respect to an employer and a 
representative of employees of the employer in a bargaining unit, means 
a 90-day period beginning 150 days and ending 60 days before--
 ``
            (I) the last day of the 2-year period beginning on the 
 date on which the first collective bargaining agreement between 
 the employer and representative of such employees took effect; 
 or
 ``
            (II) the last day of each consecutive 2-year period 
 thereafter.
 ``
            (ii) In the case of an employer that is a health care 
institution, clause
            (i) shall be applied by substituting `180 days' for 
`150 days' and by substituting `90 days' for `60 days'.'';
            (C) by striking ``Employees'' and inserting the 
 following:
 ``
        (E) Employees''; and
            (D) by striking ``In any election'' and inserting 
 the following:
 ``
        (F) In any election''.

    (2) Clarification.--

Section 8 of the National Labor 
 Relations Act (29 U.S.C. 158) is amended by adding at the end 
 the following:
 ``

    (h) It shall not be an unfair labor practice under subsection

    (a) or

    (b) for any person to inform employees of their rights under 
subparagraph
        (B)
            (ii) or
            (C) of 

section 9
            (c) (3) .''.

    (b) Requirement for Secret Ballot Elections.--

Section 9

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

    (a) ) is amended by striking 
``designated or selected for the purposes of collective bargaining'' 
and inserting ``for the purposes of collective bargaining selected by 
secret ballot, in an election conducted by the Board,''.
            (c) Quorum.--

Section 9 of the National Labor Relations Act (29 
U.S.C. 159), as amended by this section, is further amended--

    (1) in subsection

    (a) , by inserting ``That, in certifying a 
 representative as the exclusive representative of all employees 
 in a unit for such purposes of collective bargaining, the 
 majority shall be the majority of voters in a secret ballot 
 election in which not less than two-thirds of all employees in 
 the unit vote: Provided further,'' after ``employment: 
 Provided,''; and

    (2) in subsection
            (c) (3)
        (F) , as designated by subsection

    (a) , by inserting ``of the votes, when not less than two-thirds 
 of all employees in the unit vote,'' after ``majority''.
            (d) Removal of Settlement Bar.--

Section 9
            (c) of the National Labor 
Relations Act (29 U.S.C. 159
            (c) ) is amended by adding at the end the 
following:
 ``

    (6) The Board shall not prohibit or postpone, or impose any bar 
or delay on, any recognition election based on a petition by a party 
due to a settlement of any unfair labor practice charge against either 
party.''.

    (e) Limit on Board Authority.--

Section 9
            (c) of the National Labor 
Relations Act (29 U.S.C. 159
            (c) ) is further amended by adding at the 
end the following:
 ``

    (7) The Board shall not dismiss or impose any bar or restriction 
regarding when an election under this section may be requested or 
directed, except as established in this subsection or subsections
            (d) ,

    (e)

    (2) ,

    (f) , and

    (g) .''.

    (f) Blocking Charges and No Merit-Based Dismissals.--

Section 9 of 
the National Labor Relations Act (29 U.S.C. 159) is amended by adding 
at the end the following:
 ``

    (f)

    (1) Whenever any party to a representation proceeding under 
this section files a charge of an unfair labor practice together with a 
request that the charge block the process of an election under this 
section, or whenever any party to a representation proceeding requests 
that its previously filed charge of an unfair labor practice block such 
process, the party shall simultaneously file, but not serve on any 
other party, a written offer of proof in support of the charge. The 
offer of proof shall provide the names of the witnesses who will 
testify in support of the charge and a summary of each witness's 
anticipated testimony. The party seeking to block the process of an 
election under this section shall also promptly make available to the 
regional director the witnesses identified in its offer of proof.
 ``

    (2) Except as provided in paragraph

    (3) , the ballots for an 
election in a case described in paragraph

    (1) shall be promptly opened 
and counted at the conclusion of the election.
 ``

    (3) If the charge in a case described in paragraph

    (1) is filed 
that alleges a violation of subsection

    (a)

    (1) ,

    (a)

    (2) , or

    (b)

    (1)
        (A) of 

section 8 and that challenges the circumstances surrounding the 
petition for the election or the showing of interest submitted in 
support of such petition, or if a charge is filed in a case described 
in paragraph

    (1) that alleges an employer has dominated a labor 
organization in violation of 

section 8

    (a)

    (2) and that seeks to 
disestablish a bargaining relationship, the regional director shall 
impound the ballots for the election for a period not to exceed 60 days 
from the conclusion of the election unless the charge has been 
withdrawn or dismissed prior to the conclusion of the election. If a 
complaint issues with respect to such charge at any time prior to the 
expiration of that period of not more than 60 days, the ballots for the 
election shall continue to be impounded until there is a final 
determination regarding the charge and its effect, if any, on the 
election petition. If the charge is withdrawn or dismissed at any time 
during that period, or if the period ends without a complaint issuing, 
the ballots shall be promptly opened and counted. The period of not 
more than 60 days under this paragraph shall not be extended, even if 
more than one charge of an unfair labor practice is filed serially.
 ``

    (4) In any case described in paragraph

    (1) , the certification of 
results (including, where appropriate, a certification of 
representative) for the election shall not issue until there is a final 
disposition of the charge and a determination of its effect, if any, on 
the election petition.
 ``

    (g) In any case in which there is a representation proceeding 
involving an employer and also a charge of an unfair labor practice 
against any party to the representation proceeding, a regional director 
shall dismiss the representation proceeding due to an unfair labor 
practice charge only if such charge is found to be meritorious through 
a formal evidentiary hearing.''.

    (g) No Successor Bar.--

Section 9 of the National Labor Relations 
Act (29 U.S.C. 159), as amended by this section, is further amended by 
adding at the end the following:
 ``

    (h) With respect to any successor employer (defined, for purposes 
of this subsection, as an employer who acquires substantially all of 
the property used in a trade or business of another employer), the 
Board shall not prohibit or postpone, or impose any bar or delay on the 
timing of, the filing of a petition for an election under this section 
based on the acquisition by the successor employer.''.

    (h) Unfair Labor Practice To Enter Into No-Raid Agreements.--

    (1) In general.--

Section 8

    (b) of the National Labor 
 Relations Act (29 U.S.C. 158

    (b) ) is amended--
        (A) in paragraph

    (6) , by striking ``and'' after the 
 semicolon;
        (B) by redesignating paragraph

    (7) as paragraph

    (8) ;
            (C) by inserting after paragraph

    (6) the following:
 ``

    (7) to enter into an agreement with any other labor 
 organization, or its agents, in which a labor organization 
 agrees to not solicit, compete for, organize for purposes of 
 collective bargaining, or otherwise represent, a group of 
 employees of an employer, or of a certain trade, class, or 
 craft; and''; and
            (D) in the matter following paragraph

    (8) , as so 
 redesignated, by striking ``this paragraph

    (7) '' and 
 inserting ``this paragraph

    (8) ''.

    (2) Conforming amendments.--

Section 10
            (l) of the National 
 Labor Relations Act (29 U.S.C. 160
            (l) ) is amended by striking 
 ``

section 8

    (b)

    (7) '' each place the term appears and inserting 
 ``

section 8

    (b)

    (8) ''.
 <all>