Federal

Richard L. Trumka Protecting the Right to Organize Act of 2023

Source: Congress.gov · 13,196 words in original text

Summary

# Richard L. Trumka Protecting the Right to Organize Act of 2023 ## WHAT THIS BILL DOES This bill changes federal labor laws to expand worker organizing and union rights. It modifies three main labor laws: the National Labor Relations Act, the Labor Management Relations Act of 1947, and the Labor-Management Reporting and Disclosure Act of 1959. ## WHO IT AFFECTS - Employees seeking to form unions or engage in labor organizing - Employers across all industries - Labor unions and union organizers - The National Labor Relations Board (a federal agency that oversees labor disputes) - Directors and officers of companies - The Department of Labor ## KEY PROVISIONS - **Joint employers can be held responsible together**: Two or more companies count as joint employers if they share control over a worker's essential job conditions like pay, hours, and duties. The National Labor Relations Board can consider indirect control or reserved control as enough to make someone a joint employer. (Sec. 101(a)) - **Independent contractors get stronger employee protections**: Workers are considered employees instead of independent contractors unless they are free from employer control, work outside the employer's normal business, and have their own independent trade or business. (Sec. 101(b)) - **Employers must provide worker information to unions**: Within 2 business days after an election is directed, employers must give unions a list of all workers' names, home addresses, work locations, shifts, job titles, and phone and email addresses in searchable electronic format. (Sec. 104) - **Employers cannot permanently replace striking workers**: It is illegal for employers to threaten or take action to permanently replace workers who strike, discriminate against workers who return after a strike, or lock out workers before collective bargaining to influence their position. (Sec. 104) - **Workers can use employer email and devices for union organizing**: Employees have the right to use company computers, phones, email, and internet systems to engage in protected labor activities if the employer gave them access for work purposes, unless the employer has a strong business reason to deny this. (Sec. 104) - **Fast-track elections for union representation**: Elections must happen within 20 business days after the direction of election under normal circumstances. Pre-election hearings must begin within 8 days and continue daily until complete. (Sec. 105) - **Automatic union certification if employer interferes**: If an employer commits unfair labor practices that interfere with a fair election and a majority of workers signed union authorization cards in the past year, the National Labor Relations Board can certify the union without ordering a new election. (Sec. 105) - **Stronger penalties for unfair labor practices**: Employers who commit unfair labor practices must pay civil penalties up to $50,000 per violation, or up to $100,000 if the violation involves firing a worker or serious economic harm and the employer had a similar violation in the past 5 years. (Sec. 109) - **Workers can sue employers for labor violations**: Employees can file lawsuits in federal court for certain labor law violations after 60 days if the National Labor Relations Board hasn't filed its own case. Damages include back pay, front pay, compensatory damages, and liquidated damages equal to twice the damages awarded. (Sec. 109) - **New whistleblower protections for labor law violations**: Employers and unions cannot fire, discriminate against, or retaliate against workers who report labor law violations, participate in investigations, file complaints, testify, or refuse to participate in activities they believe violate labor laws. Workers can file complaints with the Secretary of Labor within 180 days. (Sec. 202) - **Fair share agreements are permitted**: Collective bargaining agreements requiring all workers in a bargaining unit to pay fees to the union for representation and contract costs are valid and enforceable even in states that have right-to-work laws. (Sec. 111) - **Electronic voting in union elections**: The National Labor Relations Board must create a system within one year allowing workers to vote remotely using either internet voting or telephone voting in union representation elections. (Sec. 301) - **Initial contract arbitration**: When a newly certified union and employer cannot reach an initial agreement within 90 days of bargaining, either party can request federal mediation. If mediation fails within 30 days, a three-person arbitration panel decides the contract terms, which are binding for 2 years. The arbitration panel must consider the employer's financial status, business type, employees' cost of living, employees' ability to support themselves and their families on their wages, and what other employers pay. (Sec. 104) ## WHAT CHANGES **If this law passes:** - Companies can no longer claim independent contractor status as easily—most workers will be considered employees with full labor law protections - Employers must share detailed worker contact information with unions within 2 days of an election being ordered - Workers cannot be permanently replaced for striking or penalized for returning after a strike - Union elections will happen much faster (within 20 business days instead of the current longer timeframe) - Companies face much larger fines for labor law violations—up to $50,000 to $100,000 per violation instead of current amounts - Workers gain the right to sue employers directly in court for certain labor violations and collect substantial damages - Workers can use company email and devices to organize unions - Workers who report labor law violations get explicit legal protection against retaliation - Unions can require all workers in a bargaining unit to pay union fees regardless of state law - Workers can vote for unions online or by phone from home - New union contracts will be decided by a neutral arbitrator if the company and union cannot agree within set timelines ## IMPORTANT DEFINITIONS - **Joint employer**: Two or more persons who codetermine (jointly decide) or share control over an employee's essential job terms and conditions, including through direct control, indirect control, reserved authority to control, or actual control. (Sec. 101(a)) - **Employee**: Any individual performing a service, except those who are free from employer control, work outside the employer's normal business, and customarily work in their own independent trade or profession. (Sec. 101(b)) - **Supervisor**: A person who directs or disciplines other employees, but only if this is their primary duty for the majority of their work time. (Sec. 101(c)) - **Strike**: A work stoppage by employees. (Sec. 104) - **Protected concerted activity**: Employees acting together to improve wages, hours, or other working conditions. (Sec. 104) - **Fair share agreement**: A collective bargaining agreement requiring all employees in a bargaining unit to pay fees to the union

I 118TH CONGRESS 1ST SESSION H. R. 20 To amend the National Labor Relations Act, the Labor Management Rela- tions Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 28, 2023 Mr. SCOTT of Virginia (for himself, Mr. FITZPATRICK, Mr. BOWMAN, Mr. DELUZIO, Mr. SARBANES, Ms. BUDZINSKI, Ms. BONAMICI, Ms. HOULAHAN, Mr. SHERMAN, Mr. PASCRELL, Mr. GOLDEN of Maine, Mr. HOYER, Mr. SMITH of Washington, Ms. MOORE of Wisconsin, Mrs. PELTOLA, Mr. POCAN, Mr. CARSON, Mr. CARTWRIGHT, Mr. PAYNE, Mr. ROBERT GARCIA of California, Ms. VELA´ZQUEZ, Mr. SORENSEN, Mr. HIGGINS of New York, Mr. CASTEN, Ms. MCCOLLUM, Ms. SLOTKIN, Mr. DAVIS of Illinois, Ms. CLARKE of New York, Ms. HOYLE of Oregon, Mr. KILDEE, Mrs. WATSON COLEMAN, Mr. GARAMENDI, Ms. PORTER, Ms. SCHRIER, Mr. SWALWELL, Ms. TOKUDA, Mr. DESAULNIER, Mr. BOYLE of Pennsylvania, Ms. NORTON, Ms. TITUS, Mr. LYNCH, Mr. NICKEL, Ms. WILSON of Florida, Ms. STEVENS, Mr. NADLER, Mr. CONNOLLY, Mr. GOLDMAN of New York, Mr. CLEAVER, Mrs. TRAHAN, Ms. CROCKETT, Mrs. BEATTY, Ms. ESCOBAR, Mr. BEYER, Ms. SA´NCHEZ, Mr. KIM of New Jersey, Ms. PINGREE, Mr. CASAR, Mr. TAKANO, Mr. LARSON of Connecticut, Mrs. DINGELL, Mr. LANDSMAN, Mr. BLUMENAUER, Mr. GARCI´A of Illinois, Mr. NORCROSS, Ms. LEE of California, Mr. MOULTON, Mr. MAGAZINER, Mr. HUFFMAN, Mr. FROST, Mr. VARGAS, Ms. WILD, Mr. THOMPSON of California, Ms. WILLIAMS of Georgia, Mr. CA´RDENAS, Ms. BARRAGA´N, Mr. PANETTA, Mr. VEASEY, Mr. MEEKS, Mrs. NAPOLI- TANO, Mr. CASTRO of Texas, Ms. MENG, Ms. SCHAKOWSKY, Ms. DELAURO, Mr. STANTON, Mr. THOMPSON of Mississippi, Ms. CASTOR of Florida, Mr. DAVIS of North Carolina, Mr. GOMEZ, Mr. CICILLINE, Mr. RUIZ, Mr. KEATING, Mr. MRVAN, Ms. ADAMS, Ms. JACOBS, Ms. SCHOLTEN, Mrs. FOUSHEE, Mr. COHEN, Mrs. HAYES, Mr. EVANS, Mr. FOSTER, Ms. ROSS, Ms. GARCIA of Texas, Ms. CHU, Ms. JACKSON LEE, Mr. KILMER, Mr. QUIGLEY, Ms. MANNING, Mr. SCHIFF, Mr. CARBAJAL, Mr. GREEN of Texas, Mr. MORELLE, Ms. BALINT, Mr. COURTNEY, Ms. KELLY of Illinois, Ms. LOIS FRANKEL of Florida, Ms. ESHOO, Ms. JAYAPAL, Ms. SHERRILL, Mr. TRONE, Mr. RUPPERSBERGER, Mr. MFUME, Mr. PALLONE, Mr. KRISHNAMOORTHI, Mr. TORRES of New York, Mr. JACKSON of North Carolina, Mr. DAVID SCOTT of Georgia, Mr. VerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H20.IH H20 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 20 IH SOTO, Mr. LARSEN of Washington, Ms. KAPTUR, Mr. HORSFORD, Mr. RYAN, Ms. PRESSLEY, Mr. MCGARVEY, Mr. HARDER of California, Ms. STANSBURY, Ms. CRAIG, Ms. PETTERSEN, Mr. TONKO, Mr. SABLAN, Mr. MENENDEZ, Mr. SCHNEIDER, Mr. LEVIN, Mr. RASKIN, Ms. BUSH, Mr. MCGOVERN, Ms. BROWNLEY, Ms. OMAR, Mr. GALLEGO, Ms. WASSERMAN SCHULTZ, Mr. ESPAILLAT, Mrs. CHERFILUS-MCCORMICK, Ms. BLUNT ROCHESTER, Ms. BROWN, Ms. MATSUI, Mr. CLYBURN, Mr. MULLIN, Ms. SCANLON, Mr. NEGUSE, Mr. GRIJALVA, Ms. UNDERWOOD, Ms. LEGER FERNANDEZ, Ms. KUSTER, Mr. PAPPAS, Mr. AGUILAR, Mr. DOGGETT, Mrs. RAMIREZ, Ms. DELBENE, Ms. KAMLAGER-DOVE, Mr. BISHOP of Georgia, Ms. SALINAS, Mr. CROW, Ms. DEAN of Pennsylvania, Mr. KHANNA, Ms. DEGETTE, Ms. SEWELL, Ms. TLAIB, Mr. MOSKOWITZ, Ms. PEREZ, Ms. STRICKLAND, Mr. CARTER of Louisiana, Mr. AUCHINCLOSS, Mr. NEAL, Ms. SPANBERGER, Ms. OCASIO-CORTEZ, Mrs. TORRES of California, Mr. GOTTHEIMER, Ms. WEXTON, Mr. JOHNSON of Georgia, Ms. CARAVEO, Mrs. MCBATH, Mr. LIEU, Mr. CASE, Mrs. SYKES, Mr. JACKSON of Illinois, Mr. THANEDAR, Ms. LEE of Pennsyl- vania, Mr. VASQUEZ, Ms. PELOSI, Ms. LOFGREN, Ms. DAVIDS of Kansas, Mr. VICENTE GONZALEZ of Texas, Mr. JEFFRIES, Ms. CLARK of Massa- chusetts, Mr. PHILLIPS, and Mr. HIMES) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Man- agement Reporting and Disclosure Act of 1959, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Richard L. Trumka Protecting the Right to Organize Act 5 of 2023’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 20 IH 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 RELA- TIONS 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 1 NATIONAL LABOR RELATIONS 2 ACT 3 SEC. 101. DEFINITIONS. 4 (a) JOINT EMPLOYER.—Section 2(2) of the National 5 Labor Relations Act (29 U.S.C. 152(2)) is amended by 6 adding at the end the following: ‘‘Two or more persons 7 shall be employers with respect to an employee if each 8 VerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 20 IH such person codetermines or shares control over the em- 1 ployee’s essential terms and conditions of employment. In 2 determining whether such control exists, the Board or a 3 court of competent jurisdiction shall consider as relevant 4 direct control and indirect control over such terms and 5 conditions, reserved authority to control such terms and 6 conditions, and control over such terms and conditions ex- 7 ercised by a person in fact: Provided, That nothing herein 8 precludes a finding that indirect or reserved control stand- 9 ing alone can be sufficient given specific facts and cir- 10 cumstances.’’. 11 (b) EMPLOYEE.—Section 2(3) of the National Labor 12 Relations Act (29 U.S.C. 152(3)) is amended by adding 13 at the end the following: ‘‘An individual performing any 14 service shall be considered an employee (except as pro- 15 vided in the previous sentence) and not an independent 16 contractor, unless— 17 ‘‘(A) the individual is free from control and 18 direction in connection with the performance of 19 the service, both under the contract for the per- 20 formance of service and in fact; 21 ‘‘(B) the service is performed outside the 22 usual course of the business of the employer; 23 and 24 VerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 20 IH ‘‘(C) the individual is customarily engaged 1 in an independently established trade, occupa- 2 tion, profession, or business of the same nature 3 as that involved in the service performed.’’. 4 (c) SUPERVISOR.—Section 2(11) of the National 5 Labor Relations Act (29 U.S.C. 152(11)) is amended— 6 (1) by inserting ‘‘and for a majority of the indi- 7 vidual’s worktime’’ after ‘‘interest of the employer’’; 8 (2) by striking ‘‘assign,’’; and 9 (3) by striking ‘‘or responsibly to direct them,’’. 10 SEC. 102. REPORTS. 11 Section 3(c) of the National Labor Relations Act is 12 amended— 13 (1) by striking ‘‘The Board’’ and inserting ‘‘(1) 14 The Board’’; and 15 (2) by adding at the end the following: 16 ‘‘(2) Effective January 1, 2025, section 3003 of the 17 Federal Reports Elimination and Sunset Act of 1995 18 (Public Law 104–66; 31 U.S.C. 1113 note) shall not apply 19 with respect to reports required under this subsection. 20 ‘‘(3) Each report issued under this subsection shall— 21 ‘‘(A) include no less detail than reports issued by the 22 Board prior to the termination of such reports under sec- 23 tion 3003 of the Federal Reports Elimination and Sunset 24 Act of 1995 (Public Law 104–66; 31 U.S.C. 1113 note); 25 VerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 20 IH ‘‘(B) list each case in which the Designated Agency 1 Ethics Official provided advice regarding whether a Mem- 2 ber should be recused from participating in a case or rule- 3 making; and 4 ‘‘(C) list each case in which the Designated Agency 5 Ethics Official determined that a Member should be 6 recused from participating in a case or rulemaking.’’. 7 SEC. 103. APPOINTMENT. 8 Section 4(a) of the National Labor Relations Act (29 9 U.S.C. 154(a)) is amended by striking ‘‘, or for economic 10 analysis’’. 11 SEC. 104. UNFAIR LABOR PRACTICES. 12 Section 8 of the National Labor Relations Act (29 13 U.S.C. 158) is amended— 14 (1) in subsection (a)— 15 (A) in paragraph (5), by striking the pe- 16 riod and inserting ‘‘;’’; and 17 (B) by adding at the end the following: 18 ‘‘(6) to promise, threaten, or take any action— 19 ‘‘(A) to permanently replace an employee 20 who participates in a strike as defined by sec- 21 tion 501(2) of the Labor Management Rela- 22 tions Act, 1947 (29 U.S.C. 142(2)); 23 ‘‘(B) to discriminate against an employee 24 who is working or has unconditionally offered to 25 VerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 20 IH return to work for the employer because the 1 employee supported or participated in such a 2 strike; or 3 ‘‘(C) to lockout, suspend, or otherwise 4 withold employment from employees in order to 5 influence the position of such employees or the 6 representative of such employees in collective 7 bargaining prior to a strike; and 8 ‘‘(7) to communicate or misrepresent to an em- 9 ployee under section 2(3) that such employee is ex- 10 cluded from the definition of employee under section 11 2(3).’’; 12 (2) in subsection (b)— 13 (A) by striking paragraphs (4) and (7); 14 (B) by redesignating paragraphs (5) and 15 (6) as paragraphs (4) and (5), respectively; 16 (C) in paragraph (4), as so redesignated, 17 by striking ‘‘affected;’’ and inserting ‘‘affected; 18 and’’; and 19 (D) in paragraph (5), as so redesignated, 20 by striking ‘‘; and’’ and inserting a period; 21 (3) in subsection (c), by striking the period at 22 the end and inserting the following: ‘‘: Provided, 23 That it shall be an unfair labor practice under sub- 24 section (a)(1) for any employer to require or coerce 25 VerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 20 IH an employee to attend or participate in such employ- 1 er’s campaign activities unrelated to the employee’s 2 job duties, including activities that are subject to the 3 requirements under section 203(b) of the Labor- 4 Management Reporting and Disclosure Act of 1959 5 (29 U.S.C. 433(b)).’’; 6 (4) in subsection (d)— 7 (A) by redesignating paragraphs (1) 8 through (4) as subparagraphs (A) through (D), 9 respectively; 10 (B) by striking ‘‘For the purposes of this 11 section’’ and inserting ‘‘(1) For purposes of this 12 section’’; 13 (C) by inserting ‘‘and to maintain current 14 wages, hours, and terms and conditions of em- 15 ployment pending an agreement’’ after ‘‘arising 16 thereunder’’; 17 (D) by inserting ‘‘: Provided, That an em- 18 ployer’s duty to collectively bargain shall con- 19 tinue absent decertification of the labor organi- 20 zation following an election conducted pursuant 21 to section 9’’ after ‘‘making of a concession:’’; 22 (E) by inserting ‘‘further’’ before ‘‘, That 23 where there is in effect’’; 24 VerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 20 IH (F) by striking ‘‘The duties imposed’’ and 1 inserting ‘‘(2) The duties imposed’’; 2 (G) by striking ‘‘by paragraphs (2), (3), 3 and (4)’’ and inserting ‘‘by subparagraphs (B), 4 (C), and (D) of paragraph (1)’’; 5 (H) by striking ‘‘section 8(d)(1)’’ and in- 6 serting ‘‘paragraph (1)(A)’’; 7 (I) by striking ‘‘section 8(d)(3)’’ and in- 8 serting ‘‘paragraph (1)(C)’’ in each place it ap- 9 pears; 10 (J) by striking ‘‘section 8(d)(4)’’ and in- 11 serting ‘‘paragraph (1)(D)’’; and 12 (K) by adding at the end the following: 13 ‘‘(3) Whenever collective bargaining is for the pur- 14 pose of establishing an initial collective bargaining agree- 15 ment following certification or recognition of a labor orga- 16 nization, the following shall apply: 17 ‘‘(A) Not later than 10 days after receiving a 18 written request for collective bargaining from an in- 19 dividual or labor organization that has been newly 20 recognized or certified as a representative as defined 21 in section 9(a), or within such further period as the 22 parties agree upon, the parties shall meet and com- 23 mence to bargain collectively and shall make every 24 VerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 20 IH reasonable effort to conclude and sign a collective 1 bargaining agreement. 2 ‘‘(B) If after the expiration of the 90-day pe- 3 riod beginning on the date on which bargaining is 4 commenced, or such additional period as the parties 5 may agree upon, the parties have failed to reach an 6 agreement, either party may notify the Federal Me- 7 diation and Conciliation Service of the existence of 8 a dispute and request mediation. Whenever such a 9 request is received, it shall be the duty of the Service 10 promptly to put itself in communication with the 11 parties and to use its best efforts, by mediation and 12 conciliation, to bring them to agreement. 13 ‘‘(C) If after the expiration of the 30-day period 14 beginning on the date on which the request for me- 15 diation is made under subparagraph (B), or such ad- 16 ditional period as the parties may agree upon, the 17 Service is not able to brin [Text truncated for display. Full text available on Congress.gov.]

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