House Could Push Forward Bill to Shorten Union Negotiating Timelines, Force Binding Contracts

A House Democrat is working to fast-track a bill that would dramatically speed up the bargaining timeline between employers and newly recognized unions.

The Faster Labor Contracts Act (FLCA), H.R. 5408, would amend the National Labor Relations Act to require employers to begin negotiating with a new union within 10 days of workers voting to form a union. Additionally, if no agreement is reached after 90 days, the dispute would be automatically referred to mediation. After another 30 days, or additional periods agreed upon by employers and the union, a binding, three-person arbitration panel would be appointed to secure an initial contract.

Under this process, employers and workers could end up bound to a contract that neither side agreed to and was not even voted on by workers. The bill would also limit the ability of unions and employers to negotiate terms tailored to a specific workplace.

On March 26, the bill’s sponsor, Rep. Donald Norcross (D-NJ) filed a discharge petition to push the bill forward. Discharge petitions require the signatures of a majority of House members (218) to bring a bill out of committee for a floor vote. If all 214 Democrats in the House vote in favor of the discharge, Norcross would only need four Republicans to bring it to a full vote. The FLCA already has 17 Republican co-sponsors, making it likely the bill would be passed and sent to the Senate.

The FLCA is a core provision of the Protecting the Right to Organize (PRO) Act that has been opposed by business advocacy groups and trade associations, including FEDA. On April 8, the Washington Post published an editorial outlining the concerns with the FLCA, stating that it would ultimately harm both employers and employees.