Election Results Could Revive Faster Labor Contracts Act

With Democrats poised to control both chambers of Congress following the Nov. 3 election results, businesses are already thinking about how the government’s policy priorities may shift in 2027. It will likely take a few months for the larger agenda of the 120th Congress to become clear, as legislators will need some time to draft and introduce bills. However, the congressional shakeup could give new life to proposed legislation that has stalled, including the Faster Labor Contracts Act (FLCA), which is being closely watched by business advocacy groups.

The bipartisan bill aims to amend the National Labor Relations Act (NLRA) to create a strict timeline for negotiating a first contract with a labor union. Employers would be required to begin bargaining within 10 days after a newly certified union calls for negotiations. The two sides would then have 90 days to reach an agreement before either party could request mediation through the Federal Mediation and Conciliation Service. If mediation fails after another 30 days, either side could send the dispute to a three-person arbitration panel appointed by the federal government.

The U.S. Chamber of Commerce, the Coalition for a Democratic Workplace, and other business advocacy groups have opposed the bill because it would allow the federal government to impose a binding two-year contract between employers and the union without regard for whether the terms are economically feasible for the business. Arbitrators would be empowered to decide wages, benefits, and other working conditions that neither side agreed to.

In June, the House passed the bill by a vote of 230-193 that included support from 20 Republicans. The bill then moved to the Senate but has not come up for a vote in that chamber. That could change with the new Democratic majority. Of the three current Senate Republicans who co-sponsored the bill, only Sen. Roger Marshall (R-KS) was up for reelection. Marshall lost his seat to Democrat Adam Hamilton Tuesday night.

The new Congress could have as many as 56 Democrats, depending on the final vote tallies in Mississippi and Alaska. If all Democrats join the two remaining Republican co-sponsors, only two more Republican votes would be needed to defeat the Senate’s filibuster rules and pass the FLCA.

FEDA is urging members to oppose the FLCA. To send a pre-filled letter to your senator, please visit the FEDA Advocacy Center here. If you need assistance logging in, contact Communications Manager Tim O’Connor at tim@feda.com.