Federal

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

Source: Congress.gov · 8,080 words in original text

What This Bill Does

This bill changes federal laws about unions and workers' rights. It makes it easier for workers to form unions, protects workers who strike, gives workers new ways to challenge their employer during union elections, and increases penalties on employers who break labor laws. --- ##

Who It Affects

- Workers and employees across the country - Labor unions and union organizers - Private employers - The National Labor Relations Board (the government agency that enforces labor laws) - State governments (regarding "fair share" agreements that require all workers to pay union fees) --- ##

Key Provisions

- Employers can no longer permanently replace workers who go on strike. Employers also cannot punish workers for supporting a strike. (Sec. 104) - Multiple companies can be held responsible together as "joint employers" if they share control over a worker's pay, hours, or other job conditions, even if only indirectly. (Sec. 101) - Workers are considered employees, not independent contractors, unless they work without employer control, perform work outside the company's regular business, and run their own independent business. (Sec. 101) - Workers can use employer-provided computers, phones, and email for union activities if the employer has given them access for work. (Sec. 104) - Union elections must happen within 20 business days after the National Labor Relations Board directs an election. Pre-election hearings must start within 8 days. (Sec. 105) - Employers must give unions a list of all workers' names, home addresses, work locations, shifts, job titles, and phone numbers and email addresses within 2 business days of an election being directed. (Sec. 104) - When workers first form a union, if the employer and union cannot reach a contract agreement within 90 days, either side can request help from a federal mediation service. If that fails after 30 more days, an arbitrator (a neutral decision-maker) will create a binding contract for 2 years. (Sec. 104) - Employers cannot force workers to attend company anti-union meetings or activities unrelated to their job. (Sec. 104) - Employers cannot make workers sign agreements saying they cannot join together to sue or file complaints (these are called "forced arbitration" clauses). (Sec. 104) - Employers must post notices in physical and electronic locations telling workers about their rights to organize and join unions. (Sec. 104) - If an employer commits certain violations during a union election that hurt the union's chances of winning, and a majority of workers signed authorization cards for the union in the year before the election, the National Labor Relations Board can skip a new election and order the employer to bargain with the union. (Sec. 105) - Employers face civil penalties (fines) up to $50,000 per violation of labor laws. For the most serious violations (discrimination or firing workers for union activity), penalties can be doubled to $100,000 if the employer violated the law again in the past 5 years. Company directors and officers can personally be fined if they directed or knew about violations. (Sec. 109) - Workers harmed by certain employer violations can sue in federal court for back pay (all lost wages), front pay (future lost wages), consequential damages (other harm caused), and twice the damages as a penalty, plus attorney fees. (Sec. 109) - If an employer disobeys a National Labor Relations Board order, the employer must pay up to $10,000 per violation. Each day of continued disobedience counts as a separate violation. (Sec. 107) - States cannot ban "fair share" agreements where all workers in a unionized workplace must pay fees to the union to cover the cost of representing them. (Sec. 111) - Strikes cannot be made "unprotected" (meaning workers can lose their job protection) based on how long they last, how many workers participate, how often they happen, or whether they happen on and off. (Sec. 110) --- ##

What Changes

**If this bill becomes law:** Employers lose the ability to permanently replace striking workers or punish workers who support a strike. Workers get stronger legal protections if they are fired or harmed for union activity. Union elections happen faster (within 20 business days instead of the current longer timeframe). Unions automatically get detailed lists of worker contact information before elections. When workers first unionize, if negotiations stall, an outside arbitrator will create a binding contract instead of letting companies stay in a deadlock. Employers cannot force workers to sign away their right to join together in lawsuits or complaints. Employers must publicly post notices about worker organizing rights. Penalties for breaking labor laws increase significantly. Workers can sue employers directly in court for certain violations, getting triple damages (back pay plus twice that amount). Company leaders can personally face fines. States cannot pass "right to work" laws that ban fair share agreements. --- ##

Important Definitions

**"Joint employer"**: Two or more companies that share control or can control a worker's essential terms of employment (pay, hours, job duties). This includes indirect control, control that is held in reserve but not used, and actual control in practice. (Sec. 101) **"Employee"**: A worker is an employee (not an independent contractor) unless the worker is free from employer control, does work outside the company's normal business, and runs their own independent business doing similar work. (Sec. 101) **"Supervisor"**: A person who uses independent judgment to manage other workers and spends a majority of their worktime doing this kind of work. (Sec. 101) **"Strike"**: Not explicitly defined in the bill, but references the definition in the Labor Management Relations Act, 1947. **"Fair share agreement"**: A union contract requiring all workers in a unionized workplace to pay fees to the union for representation and related costs. (Sec. 111) **"Unfair labor practice"**: Actions by employers that violate workers' rights, including permanently replacing strikers, discriminating against workers for union activity, forcing workers to attend anti-union meetings, and forcing workers to sign away their right to group legal action. (Sec. 104) --- ##

Effective Date

**Not specified in bill text**, except for one provision: The requirement that the National Labor Relations Board issue detailed reports must take effect by January 1, 2025. (Sec. 102)

II Calendar No. 133 118TH CONGRESS 1ST SESSION S. 567 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 SENATE OF THE UNITED STATES FEBRUARY 28, 2023 Mr. SANDERS (for himself, Mr. SCHUMER, Mrs. MURRAY, Ms. BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, Mr. CARPER, Mr. CASEY, Mr. COONS, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Mr. FETTERMAN, Mrs. GILLIBRAND, Ms. HASSAN, Mr. HEINRICH, Mr. HICKENLOOPER, Ms. HIRONO, Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. LUJA´N, Mr. MANCHIN, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mr. OSSOFF, Mr. PADILLA, Mr. PETERS, Mr. REED, Ms. ROSEN, Mr. SCHATZ, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Mr. TESTER, Mr. VAN HOLLEN, Mr. WARNOCK, Ms. WARREN, Mr. WELCH, Mr. WHITE- HOUSE, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions JULY 18, 2023 Reported by Mr. SANDERS, without amendment 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. VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 567 RS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Richard L. Trumka Protecting the Right to Organize Act 5 of 2023’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. TITLE I—AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT Sec. 101. Definitions. Sec. 102. Reports. Sec. 103. Appointment. Sec. 104. Unfair labor practices. Sec. 105. Representatives and elections. Sec. 106. Damages for unfair labor practices. Sec. 107. Enforcing compliance with orders of the Board. Sec. 108. Injunctions against unfair labor practices involving discharge or other serious economic harm. Sec. 109. Penalties. Sec. 110. Limitations on the right to strike. Sec. 111. Fair share agreements permitted. TITLE II—AMENDMENTS TO THE LABOR MANAGEMENT RELA- TIONS ACT, 1947 AND THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959 Sec. 201. Conforming amendments to the Labor Management Relations Act, 1947. Sec. 202. Amendments to the Labor-Management Reporting and Disclosure Act of 1959. TITLE III—OTHER MATTERS Sec. 301. Severability. Sec. 302. Authorization of appropriations. VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 567 RS 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 such person codetermines or shares control over the em- 9 ployee’s essential terms and conditions of employment. In 10 determining whether such control exists, the Board or a 11 court of competent jurisdiction shall consider as relevant 12 direct control and indirect control over such terms and 13 conditions, reserved authority to control such terms and 14 conditions, and control over such terms and conditions ex- 15 ercised by a person in fact: Provided, That nothing herein 16 precludes a finding that indirect or reserved control stand- 17 ing alone can be sufficient given specific facts and cir- 18 cumstances.’’. 19 (b) EMPLOYEE.—Section 2(3) of the National Labor 20 Relations Act (29 U.S.C. 152(3)) is amended by adding 21 at the end the following: ‘‘An individual performing any 22 service shall be considered an employee (except as pro- 23 vided in the previous sentence) and not an independent 24 contractor, unless— 25 VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 567 RS ‘‘(A) the individual is free from control and 1 direction in connection with the performance of 2 the service, both under the contract for the per- 3 formance of service and in fact; 4 ‘‘(B) the service is performed outside the 5 usual course of the business of the employer; 6 and 7 ‘‘(C) the individual is customarily engaged 8 in an independently established trade, occupa- 9 tion, profession, or business of the same nature 10 as that involved in the service performed.’’. 11 (c) SUPERVISOR.—Section 2(11) of the National 12 Labor Relations Act (29 U.S.C. 152(11)) is amended— 13 (1) by inserting ‘‘and for a majority of the indi- 14 vidual’s worktime’’ after ‘‘interest of the employer’’; 15 (2) by striking ‘‘assign,’’; and 16 (3) by striking ‘‘or responsibly to direct them,’’. 17 SEC. 102. REPORTS. 18 Section 3(c) of the National Labor Relations Act (29 19 U.S.C. 153(c)) is amended— 20 (1) by striking ‘‘The Board’’ and inserting ‘‘(1) 21 The Board’’; and 22 (2) by adding at the end the following: 23 ‘‘(2) Effective January 1, 2025, section 3003 of the 24 Federal Reports Elimination and Sunset Act of 1995 25 VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 567 RS (Public Law 104–66; 31 U.S.C. 1113 note) shall not apply 1 with respect to reports required under this subsection. 2 ‘‘(3) Each report issued under this subsection shall— 3 ‘‘(A) include no less detail than reports issued 4 by the Board prior to the termination of such re- 5 ports under section 3003 of the Federal Reports 6 Elimination and Sunset Act of 1995 (Public Law 7 104–66; 31 U.S.C. 1113 note); 8 ‘‘(B) list each case in which the Designated 9 Agency Ethics Official provided advice regarding 10 whether a Member should be recused from partici- 11 pating in a case or rulemaking; and 12 ‘‘(C) list each case in which the Designated 13 Agency Ethics Official determined that a Member 14 should be recused from participating in a case or 15 rulemaking.’’. 16 SEC. 103. APPOINTMENT. 17 Section 4(a) of the National Labor Relations Act (29 18 U.S.C. 154(a)) is amended by striking ‘‘, or for economic 19 analysis’’. 20 SEC. 104. UNFAIR LABOR PRACTICES. 21 Section 8 of the National Labor Relations Act (29 22 U.S.C. 158) is amended— 23 (1) in subsection (a)— 24 VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 567 RS (A) in paragraph (5), by striking the pe- 1 riod and inserting ‘‘;’’; and 2 (B) by adding at the end the following: 3 ‘‘(6) to promise, threaten, or take any action— 4 ‘‘(A) to permanently replace an employee 5 who participates in a strike as defined by sec- 6 tion 501(2) of the Labor Management Rela- 7 tions Act, 1947 (29 U.S.C. 142(2)); 8 ‘‘(B) to discriminate against an employee 9 who is working or has unconditionally offered to 10 return to work for the employer because the 11 employee supported or participated in such a 12 strike; or 13 ‘‘(C) to lockout, suspend, or otherwise 14 withhold employment from employees in order 15 to influence the position of such employees or 16 the representative of such employees in collec- 17 tive bargaining prior to a strike; and 18 ‘‘(7) to communicate or misrepresent to an em- 19 ployee under section 2(3) that such employee is ex- 20 cluded from the definition of employee under section 21 2(3).’’; 22 (2) in subsection (b)— 23 (A) by striking paragraphs (4) and (7); 24 VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 567 RS (B) by redesignating paragraphs (5) and 1 (6) as paragraphs (4) and (5), respectively; 2 (C) in paragraph (4), as so redesignated, 3 by striking ‘‘affected;’’ and inserting ‘‘affected; 4 and’’; and 5 (D) in paragraph (5), as so redesignated, 6 by striking ‘‘; and’’ and inserting a period; 7 (3) in subsection (c), by striking the period at 8 the end and inserting the following: ‘‘: Provided, 9 That it shall be an unfair labor practice under sub- 10 section (a)(1) for any employer to require or coerce 11 an employee to attend or participate in such employ- 12 er’s campaign activities unrelated to the employee’s 13 job duties, including activities that are subject to the 14 requirements under section 203(b) of the Labor- 15 Management Reporting and Disclosure Act of 1959 16 (29 U.S.C. 433(b)).’’; 17 (4) in subsection (d)— 18 (A) by redesignating paragraphs (1) 19 through (4) as subparagraphs (A) through (D), 20 respectively; 21 (B) by striking ‘‘For the purposes of this 22 section’’ and inserting ‘‘(1) For purposes of this 23 section’’; 24 VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 567 RS (C) by inserting ‘‘and to maintain current 1 wages, hours, and terms and conditions of em- 2 ployment pending an agreement’’ after ‘‘arising 3 thereunder’’; 4 (D) by inserting ‘‘: Provided, That an em- 5 ployer’s duty to collectively bargain shall con- 6 tinue absent decertification of the labor organi- 7 zation following an election conducted pursuant 8 to section 9’’ after ‘‘making of a concession’’; 9 (E) by inserting ‘‘further’’ before ‘‘, That 10 where there is in effect’’; 11 (F) by striking ‘‘The duties imposed’’ and 12 inserting ‘‘(2) The duties imposed’’; 13 (G) by striking ‘‘by paragraphs (2), (3), 14 and (4)’’ and inserting ‘‘by subparagraphs (B), 15 (C), and (D) of paragraph (1)’’; 16 (H) by striking ‘‘section 8(d)(1)’’ and in- 17 serting ‘‘paragraph (1)(A)’’; 18 (I) by striking ‘‘section 8(d)(3)’’ each place 19 it appears and inserting ‘‘paragraph (1)(C)’’; 20 (J) by striking ‘‘section 8(d)(4)’’ and in- 21 serting ‘‘paragraph (1)(D)’’; and 22 (K) by adding at the end the following: 23 ‘‘(3) Whenever collective bargaining is for the pur- 24 pose of establishing an initial collective bargaining agree- 25 VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 567 RS ment following certification or recognition of a labor orga- 1 nization, the following shall apply: 2 ‘‘(A) Not later than 10 days after receiving a 3 written request for collective bargaining from an in- 4 dividual or labor organization that has been newly 5 recognized or certified as a representative as defined 6 in section 9(a), or within such further period as the 7 parties agree upon, the parties shall meet and com- 8 mence to bargain collectively and shall make every 9 reasonable effort to conclude and sign a collective 10 bargaining agreement. 11 ‘‘(B) If after the expiration of the 90-day pe- 12 riod beginning on the date on which bargaining is 13 commenced, or such additional period as the parties 14 may agree upon, the parties have failed to reach an 15 agreement, either party may notify the Federal Me- 16 diation and Conciliation Service of the existence of 17 a dispute and request mediation. Whenever such a 18 request is received, it shall be the duty of the Service 19 promptly to put itself in communication with the 20 parties and to use its best efforts, by mediation and 21 conciliation, to bring them to agreement. 22 ‘‘(C) If after the expiration of the 30-day period 23 beginning on the date on which the request for me- 24 diation is made under subparagraph (B), or such ad- 25 VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 567 RS ditional period as the parties may agree upon, the 1 Service is not able to bring the parties to agreement 2 by conciliation, the Service shall refer the dispute to 3 a tripartite arbitration panel established in accord- 4 ance with such regulations as may be prescribed by 5 the Service, with one member selected by the labor 6 organization, one member selected by the employer, 7 and one neutral member mutually agreed to by the 8 parties. The labor organization and employer must 9 each select the members of the tripartite arbitration 10 panel within 14 days of the Service’s referral; if the 11 labor organization or employer fail to do so, the 12 Service shall designate any members not selected by 13 the labor organization or the employer. A majority 14 of the tripartite arbitration panel shall render a deci- 15 sion settling the dispute and such decision shall be 16 binding upon the parties for a period of 2 years, un- 17 less amended during such period by written consent 18 of the parties. Such decision shall be based on— 19 ‘‘(i) the employer’s financial status and 20 prospects; 21 ‘‘(ii) the size and type of the employer’s 22 operations and business; 23 ‘‘(iii) the employees’ cost of living; 24 VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 567 RS ‘‘(iv) the employees’ ability to sustain 1 themselves, their families, and their dependents 2 on the wages and benefits they earn from the 3 employer; and 4 ‘‘(v) the wages and benefits other employ- 5 ers in the same business provide their employ- 6 ees.’’; 7 (5) by amending subsection (e) to read as fol- 8 lows: 9 ‘‘(e) Notwithstanding chapter 1 of title 9, United 10 States Code (commonly known as the ‘Federal Arbitration 11 Act’), or any other provision of law, it shall be an unfair 12 labor practice under subsection (a)(1) for any employer— 13 ‘‘(1) to enter into or attempt to enforce any 14 agreement, express or implied, whereby prior to a 15 dispute to which the agreement applies, an employee 16 undertakes or promises not to pursue, bring, join, 17 litigate, or support any kind of joint, class, or collec- 18 tive claim arising from or relating to the employ- 19 ment of such employee in any forum that, but for 20 such agreement, is of competent jurisdiction; 21 ‘‘(2) to coerce an employee into undertaking or 22 promising not to pursue, bring, join, litigate, or sup- 23 port any kind of joint, class, or collective claim aris- 24 VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 567 RS ing from or relating to the employment of such em- 1 ployee; or 2 ‘‘(3) to retaliate or [Text truncated for display. Full text available on Congress.gov.]

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.