Sweeping Labor Law Changes Proposed in Congress

Bloomberg Article about sweeping changes to labor relations. Several new Acts. I’ve practiced in this area over 20 years. I think this is ambitious. What do you think, will any of it pass?

Sen. Bill Cassidy (R-La.) released Monday morning a sweeping package of bills that would fundamentally change the last eight decades of US labor law. In an interview in his office Friday, the HELP Committee chairman told reporters he’s aiming for a balanced set of reforms that both parties would agree to—though that’s a long way away.

But before that piece of the puzzle is discussed, here’s what the legislation would do:

Under the NLRB Stability Act, the board would be bound to court precedent, ending partisan flip-flopping and limiting its autonomy.

The Workers RESULTS Act would:

* Require secret ballot elections, eliminating card-check elections.
Require two-thirds of workplace support to hold an election, compared to the current 30%.

* Make it so that decertification campaigns couldn’t happen until after a first contract is reached. Currently, decertification campaigns can start a year after a union victory. The bill would remove the incentive for employers to stall negotiations, Cassidy said.

* Expand the decertification window from 30 to 90 days once every two years.

The Fairness in Filing Act would require parties bringing unfair labor practice charges to present evidence of wrongdoing at the outset, a change aimed at discouraging baseless claims.

The Union Members’ Right to Know Act would require unions to inform members of political spending, and workers would have to opt-in to non-representational spending.

Other GOP labor bills would make it an unfair labor practice to hire undocumented immigrants, protect workers’ personal data, and prevent harassment on picket lines.

So what does it mean? While there are some pro-union changes, most of the provisions would benefit management. Cassidy will have his work cut out for him if he wants Democratic support.

On the Republican side, the legislation could bridge the divide between traditional, anti-union Republicans and a populist, pro-worker wing—including JD Vance and Josh Hawley—that’s increasingly aligning itself with organized labor.

Cassidy told reporters he knows he needs Democrats for the plan to be viable, and is confident he can bring both sides together.