Republican Introduces Pro-Labor NLRA Amendment Legislation - American Society of Employers - Michael Burns

Republican Introduces Pro-Labor NLRA Amendment Legislation

Some recent developments are offering a glimpse of what the bizzarro world of the Republican Trump administration and his union support looks like. Most recently, is UAW President Shaun Fain giving warm public kudos to President Trump over his tariff initiatives; second is the incoming Labor Secretary who is also a Republican but supported the radical PRO Act that is being reintroduced again; and thirdly, is new labor legislation introduced just last week that would shorten the time between the unionization vote and the time a first contract would have to be settled – introduced by a Republican Senator!

Why does a Republican Senator from Missouri introduce a bill to speed up the adoption of a new requirement that compels a business and a union to get a first labor contract agreed to within a short period after a union win?

Last week Sen. Josh Hawley (R-MO) introduced a bill to amend the National Labor Relations Act (NLRA) that:

    • Requires negotiations to begin within 10 days of a union winning the election.
    • Requires the parties to submit to mediation of terms if a contract is not reached within 90 days.
    • Stipulates that if mediation fails within 30 days of that the contract negotiations would be referred to binding arbitration to finish the contract for both parties.

The bill changes Section 8 (d) of the NLRA. This section of the Act requires both parties in a labor contract to bargain in good faith. It does not require the employer or the union to agree though. Only to bargain on wages, benefits, hours, and other conditions of employment. No time limit to finish a contract is required.

Why might this legislation be needed? Unions have long bemoaned the length of time it takes to get a first contract after a union wins an election – claiming that employers stall negotiations as a tactic to wear down union support and, hopefully make them go away. In our source article, Fast Track to a First Contract: Senator Proposes Faster Labor Contract Act, the author cites that it takes an average of 458 days to bargain a first labor contract. (Bloomberg Law statistics).

The bill would also require the Government Accountability Office to report on time-to-contract to monitor whether this change to the NLRA shortens the time it takes to get that first contract.

What this change to the law does not consider is that labor elections are often disputed, and objections need to be litigated. This takes time. Also, the bargaining unit is often challenged and this needs to be worked out before a contract can be negotiated – taking more time. These are rights the NLRA protects, and a time limit could force both parties into a contract with unfavorable terms reports Barnes & Thornberg LLP attorney Rachel Roney.

This bill was introduced with bi-partisan support. If this bill gains traction, gets passed by a Republican controlled House and Senate, President Trump may have the opportunity to show his union supporters he really is behind them and sign the bill into law. This bizarre scenario follows the Biden presidency that claimed it was the most labor friendly administration ever, yet could not get any hard changes to labor law done – truly an upside down world we are entering.

 

Source: Barnes & Thornburg LLP. Fast Track to a First Contract: Senator Proposes Faster Labor Contracts Act. (3/5/2025)

HRDive. Faster Labor Contracts Act Garners Bipartisan Support  (3/7/2025)

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