Faster Labor Contracts Act

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

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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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