Organized Labor Regulation and Elections – Passage

Passage of the bill that would expand enforcement authorities of the National Labor Relations Board and modify procedures by which employees may unionize and elect representation under federal labor law. The bill would authorize the NLRB to enforce any orders it issues. It would authorize the board to impose a number of civil monetary penalties, including penalties of up to $50,000 against employers who prevent or punish organizing activities by employees. It would require the NLRB to impose temporary injunctions against employers charged with engaging in unfair labor practices and allow employees to bring civil action if the board fails to seek an injunction. It would outline a number of procedures by which employees may petition for and elect representation for collective bargaining through an election directed by the NLRB. It would require the NLRB to schedule pre-election hearings within eight days of a petition being filed; prohibit employers from certain interference in such elections; and require the NLRB to certify and order the employer to engage in collective bargaining with an elected labor organization. It would outline procedures for initial collective bargaining between an employer and a union, including to provide for federal mediation services if an agreement is not reached 90 days after the bargaining begins and referral to an arbitration panel if an agreement is not reached in an additional 30 days. Among other provisions, the bill would prohibit employers from taking certain retaliatory actions against employees who participate in a strike, including permanently replacing or discriminating against such employees. It would specify that employees' right to strike is protected regardless of the duration, scope, frequency, or intermittence of the strike. The bill would also modify definitions of "employee" and "supervisor," particularly to narrow the classification of independent contractors and supervisors, two categories of employees not eligible for collective bargaining.