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