[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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