[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 20 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 20
To amend the National Labor Relations Act, the Labor Management
Relations Act, 1947, and the Labor-Management Reporting and Disclosure
Act of 1959, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2025
Mr. Scott of Virginia (for himself, Mr. Fitzpatrick, Ms. Brown, Ms.
Moore of Wisconsin, Ms. Williams of Georgia, Ms. Norton, Ms. Tlaib, Mr.
Bishop, Mrs. McIver, Ms. Titus, Ms. Bonamici, Mr. Keating, Mr.
McGovern, Mr. Thompson of Mississippi, Ms. Lofgren, Ms. DeLauro, Ms.
Ansari, Mr. Mrvan, Mr. Garamendi, Ms. Budzinski, Ms. Kaptur, Mrs.
Ramirez, Ms. Johnson of Texas, Mr. McGarvey, Mr. Schneider, Mr. Takano,
Mrs. Dingell, Mr. Sorensen, Mr. Carson, Ms. Sanchez, Mr. Mullin, Ms.
McBride, Mr. Carter of Louisiana, Mr. Gottheimer, Ms. Sherrill, Mr.
Golden of Maine, Ms. Scholten, Mr. Tonko, Mr. Deluzio, Mr. Norcross,
Ms. Scanlon, Mr. Pocan, Mr. Casar, Ms. Stevens, Ms. Clarke of New York,
Ms. Salinas, Mr. Menendez, Ms. Adams, Mr. Grijalva, Mrs. McBath, Ms.
Wilson of Florida, Ms. Stansbury, Ms. Craig, Mrs. Hayes, Mr. Soto, Ms.
Schakowsky, Mr. Davis of North Carolina, Mr. Thanedar, Mr. Mannion, Ms.
Omar, Mr. Vindman, Mr. DeSaulnier, Mrs. Cherfilus-McCormick, Ms.
Tokuda, Mrs. Sykes, Mr. Latimer, Ms. Hoyle of Oregon, Mr. Johnson of
Georgia, Ms. Gillen, Ms. Lee of Pennsylvania, Ms. Jayapal, Ms. Perez,
Mr. Kennedy of New York, Ms. Dexter, Mr. Riley of New York, Mr.
Horsford, Mr. Goldman of New York, Mr. Sherman, Mr. Lynch, Ms.
Barragan, Mr. Green of Texas, Ms. Meng, Ms. Elfreth, Ms. Randall, Mr.
Larson of Connecticut, Mr. Beyer, Mr. Cisneros, Mr. Thompson of
California, Mr. Lieu, Mr. Conaway, Ms. Bynum, Mr. Landsman, Ms. Chu,
Ms. Houlahan, Mr. Ryan, Mr. Swalwell, Mr. Jeffries, Mrs. Trahan, Ms.
McCollum, Mr. Torres of New York, Ms. Velazquez, Mr. Nadler, Ms.
Ocasio-Cortez, Mr. Castro of Texas, Mr. Evans of Pennsylvania, Mr.
David Scott of Georgia, Ms. Pingree, Mr. Quigley, Mr. Ruiz, Mrs.
Foushee, Mr. Ivey, Mr. Magaziner, Ms. Wasserman Schultz, Mr. Cleaver,
Mr. Doggett, Ms. Morrison, Mr. Gomez, Mr. Boyle of Pennsylvania, Mr.
Krishnamoorthi, Mr. Case, Mr. Frost, Ms. Davids of Kansas, Mr. Veasey,
Ms. Ross, Mr. Garcia of Illinois, Mr. Amo, Ms. DeGette, Mr. Raskin, Ms.
Clark of Massachusetts, Mr. Crow, Mr. Bell, Ms. Balint, Ms. DelBene,
Mr. Carbajal, Mr. Vargas, Ms. Jacobs, Mr. Panetta, Mr. Foster, Ms.
Matsui, Ms. McClellan, Mr. Pallone, Ms. Strickland, Ms. Pettersen, Mr.
Smith of Washington, Ms. Lee of Nevada, Mr. Moulton, Mrs. Beatty, Ms.
Brownley, Mr. Harder of California, Mr. Subramanyam, Mr. Hoyer, Mr.
Olszewski, Mrs. Torres of California, Ms. Lois Frankel of Florida, Ms.
Dean of Pennsylvania, Ms. McDonald Rivet, Mrs. McClain Delaney, Mr.
Mfume, Ms. Pou, Ms. Friedman, Mr. Min, Mr. Neal, Ms. Waters, Ms. Kelly
of Illinois, Ms. Goodlander, Mr. Garcia of California, Ms. Escobar, Mr.
Meeks, Mr. Casten, Mrs. Watson Coleman, Mr. Moskowitz, Ms. Garcia of
Texas, Mr. Morelle, Ms. Sewell, Mr. Khanna, Mr. Jackson of Illinois,
Mr. Larsen of Washington, Mr. Aguilar, Ms. Crockett, Ms. Schrier, Mr.
Espaillat, Mr. Stanton, Ms. Simon, Mr. Vasquez, Ms. Leger Fernandez,
Mr. Huffman, Ms. Rivas, Mrs. Fletcher, Mr. Suozzi, Mr. Himes, Mr.
Figures, Mr. Tran, Mr. Peters, Ms. Kamlager-Dove, Mr. Davis of
Illinois, Ms. Castor of Florida, Ms. Pressley, Mr. Courtney, Ms.
Pelosi, Mr. Neguse, Mr. Levin, Mr. Gray, Mr. Connolly, Mr. Whitesides,
Mr. Bera, Mr. Pappas, Ms. Plaskett, Ms. Underwood, Mr. Cohen, and Mr.
Smith of New Jersey) introduced the following bill; which was referred
to the Committee on Education and Workforce
_______________________________________________________________________
A BILL
To amend the National Labor Relations Act, the Labor Management
Relations Act, 1947, and the Labor-Management Reporting and Disclosure
Act of 1959, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Richard L. Trumka
Protecting the Right to Organize Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT
Sec. 101. Definitions.
Sec. 102. Reports.
Sec. 103. Appointment.
Sec. 104. Unfair labor practices.
Sec. 105. Representatives and elections.
Sec. 106. Damages for unfair labor practices.
Sec. 107. Enforcing compliance with orders of the board.
Sec. 108. Injunctions against unfair labor practices involving
discharge or other serious economic harm.
Sec. 109. Penalties.
Sec. 110. Limitations on the right to strike.
Sec. 111. Fair share agreements permitted.
TITLE II--AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947, AND
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
Sec. 201. Conforming amendments to the Labor Management Relations Act,
1947.
Sec. 202. Amendments to the Labor-Management Reporting and Disclosure
Act of 1959.
TITLE III--OTHER MATTERS
Sec. 301. Electronic voting in Union elections.
Sec. 302. GAO report on sectoral bargaining.
Sec. 303. Severability.
Sec. 304. Authorization of appropriations.
Sec. 305. Rule of Construction.
Sec. 306. Rule of Construction.
Sec. 307. Rule of Construction.
Sec. 308. Rule of Construction.
Sec. 309. GAO Report.
TITLE I--AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT
SEC. 101. DEFINITIONS.
(a) Joint Employer.--Section 2(2) of the National Labor Relations
Act (29 U.S.C. 152(2)) is amended by adding at the end the following:
``Two or more persons shall be employers with respect to an employee if
each such person codetermines or shares control over the employee's
essential terms and conditions of employment. In determining whether
such control exists, the Board or a court of competent jurisdiction
shall consider as relevant direct control and indirect control over
such terms and conditions, reserved authority to control such terms and
conditions, and control over such terms and conditions exercised by a
person in fact: Provided, That nothing herein precludes a finding that
indirect or reserved control standing alone can be sufficient given
specific facts and circumstances.''.
(b) Employee.--Section 2(3) of the National Labor Relations Act (29
U.S.C. 152(3)) is amended by adding at the end the following: ``An
individual performing any service shall be considered an employee
(except as provided in the previous sentence) and not an independent
contractor, unless--
``(A) the individual is free from control and
direction in connection with the performance of the
service, both under the contract for the performance of
service and in fact;
``(B) the service is performed outside the usual
course of the business of the employer; and
``(C) the individual is customarily engaged in an
independently established trade, occupation,
profession, or business of the same nature as that
involved in the service performed.''.
(c) Supervisor.--Section 2(11) of the National Labor Relations Act
(29 U.S.C. 152(11)) is amended--
(1) by inserting ``and for a majority of the individual's
worktime'' after ``interest of the employer'';
(2) by striking ``assign,''; and
(3) by striking ``or responsibly to direct them,''.
SEC. 102. REPORTS.
Section 3(c) of the National Labor Relations Act (29 U.S.C. 153(c))
is amended--
(1) by striking ``The Board'' and inserting ``(1) The
Board''; and
(2) by adding at the end the following:
``(2) Effective January 1, 2027, section 3003 of the Federal
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31
U.S.C. 1113 note) shall not apply with respect to reports required
under this subsection.
``(3) Each report issued under this subsection shall--
``(A) include no less detail than reports issued by the Board prior
to the termination of such reports under section 3003 of the Federal
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31
U.S.C. 1113 note);
``(B) list each case in which the Designated Agency Ethics Official
provided advice regarding whether a Member should be recused from
participating in a case or rulemaking; and
``(C) list each case in which the Designated Agency Ethics Official
determined that a Member should be recused from participating in a case
or rulemaking.''.
SEC. 103. APPOINTMENT.
Section 4(a) of the National Labor Relations Act (29 U.S.C. 154(a))
is amended by striking ``, or for economic analysis''.
SEC. 104. UNFAIR LABOR PRACTICES.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking the period and
inserting ``;''; and
(B) by adding at the end the following:
``(6) to promise, threaten, or take any action--
``(A) to permanently replace an employee who
participates in a strike as defined by section 501(2)
of the Labor Management Relations Act, 1947 (29 U.S.C.
142(2));
``(B) to discriminate against an employee who is
working or has unconditionally offered to return to
work for the employer because the employee supported or
participated in such a strike; or
``(C) to lockout, suspend, or otherwise withhold
employment from employees in order to influence the
position of such employees or the representative of
such employees in collective bargaining prior to a
strike; and
``(7) to communicate or misrepresent to an employee under
section 2(3) that such employee is excluded from the definition
of employee under section 2(3).'';
(2) in subsection (b)--
(A) by striking paragraphs (4) and (7);
(B) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(C) in paragraph (4), as so redesignated, by
striking ``affected;'' and inserting ``affected; and'';
and
(D) in paragraph (5), as so redesignated, by
striking ``; and'' and inserting a period;
(3) in subsection (c), by striking the period at the end
and inserting the following: ``: Provided, That it shall be an
unfair labor practice under subsection (a)(1) for any employer
to require or coerce an employee to attend or participate in
such employer's campaign activities unrelated to the employee's
job duties, including activities that are subject to the
requirements under section 203(b) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 433(b)).'';
(4) 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 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 labor organization 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)'' and inserting
``paragraph (1)(C)'' in each place it appears;
(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 a labor organization, 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 defined in section 9(a), or within such
further period as the parties agree upon, the parties shall
meet and commence to bargain 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 of the existence of
a dispute and request mediation. Whenever such a request is
received, it shall be the duty of the Service promptly to put
itself in communication with the parties and to use its best
efforts, by mediation and conciliation, to bring them to
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 tripartite arbitration panel established in
accordance with such regulations as may be prescribed by the
Service, with one member selected by the labor organization,
one member selected by the employer, and one neutral member
mutually agreed to by the parties. The labor organization and
employer must each select the members of the tripartite
arbitration panel within 14 days of the Service's referral; if
the labor organization or employer fail to do so, the Service
shall designate any members not selected by the labor
organization or the employer. A majority of the tripartite
arbitration panel shall render a decision settling the dispute
as soon as practicable and not later than within 120 days,
absent extraordinary circumstances or by agreement or
permission of the parties, 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.'';
(5) by amending subsection (e) to read as follows:
``(e) Notwithstanding chapter 1 of title 9, United States Code
(commonly known as the `Federal Arbitration Act'), or any other
provision of law, it shall be an unfair labor practice under subsection
(a)(1) for any employer--
``(1) to enter into or attempt to enforce any agreement,
express or implied, whereby prior to a dispute to which the
agreement applies, an employee undertakes or promises not to
pursue, bring, join, litigate, or support any kind of joint,
class, or collective claim arising from or relating to the
employment of such employee in any forum that, but for such
agreement, is of competent jurisdiction;
``(2) to coerce an employee into undertaking or promising
not to pursue, bring, join, litigate, or support any kind of
joint, class, or collective claim arising from or relating to
the employment of such employee; or
``(3) to retaliate or threaten to retaliate against an
employee for refusing to undertake or promise not to pursue,
bring, join, litigate, or support any kind of joint, class, or
collective claim arising from or relating to the employment of
such employee: Provided, That any agreement that violates this
subsection or results from a violation of this subsection shall
be to such extent unenforceable and void: Provided further,
That this subsection shall not apply to any agreement embodied
in or expressly permitted by a contract between an employer and
a labor organization.'';
(6) in subsection (g), by striking ``clause (B) of the last
sentence of section 8(d) of this Act'' and inserting
``subsection (d)(2)(B)''; and
(7) by adding at the end the following:
``(h)(1) The Board shall promulgate regulations requiring each
employer to post and maintain, in conspicuous places where notices to
employees and applicants for employment are customarily posted both
physically and electronically, a notice setting forth the rights and
protections afforded employees under this Act. The Board shall make
available to the public the form and text of such notice. The Board
shall promulgate regulations requiring employers to notify each new
employee of the information contained in the notice described in the
preceding two sentences and to ensure that such notice is provided to
employees in a language spoken by such employees.
``(2) Whenever the Board directs an election under section 9(c) or
approves an election agreement, the employer of employees in the
bargaining unit shall, not later than 2 business days after the Board
directs such election or approves such election agreement, provide a
voter list to a labor organization that has petitioned to represent
such employees. Such voter list shall include the nam