Employers Would Get Strict Bargaining Deadlines Under New Bill

House lawmakers are attempting to alter private-sector labor law with new bipartisan legislation that would mandate initial collective bargaining agreements via binding arbitration if parties can’t come to an agreement in 120 days.

Reps. Donald Norcross (D-N.J.) and Pete Stauber( (R-Minn.) announced the Faster Labor Contracts Act on Tuesday, standing alongside labor leaders including International Brotherhood of Teamsters President Sean O’Brien.The bill would set a series of deadlines for employers and unions to meet once unions request contract negotiations, following an election certification by the National Labor Relations Board.

It would require employers to commence bargaining within 10 days of a formal union request. After 90 days of bargaining, the parties would be required to go to mediation and after 30 more days, the negotiations would go to binding arbitration. The resulting arbitration decision will lock the parties to an initial two-year contract, Norcross said during a press conference.

The legislation comes after several years of election victories for organized labor at huge retailers such as Starbucks Corp., Amazon.com Inc., Trader Joe’s Co. and Apple Inc. But those election wins have rarely turned into initial contracts, despite extensive litigation before the NLRB.

Norcross—co-chair of the House Labor Caucus—cited data from a 2022 Bloomberg Law report, saying it takes an average of 465 days to bargain an initial contract, calling the delays “a strategic move” and “a form of union busting.” His bill is co-sponsored by 12 Democrats and 11 Republicans.

Employer advocates are already opposing the bill. Associated Builders and Contractors said it removes the rights of employers and unions to negotiate over their own terms and imposes “unrealistic, arbitrary” deadlines on the process.

“The parties, not the government, should determine the terms and conditions of employment,” said ABC President Michael Bellaman. “In contrast, the FLCA drastically expands federal bureaucrats’ authority over agreements in the private sector.

The House bill mirrors a measure backed by Sens. Josh Hawley (R-Mo.) and Cory Booker (D-N.J.) to amend the National Labor Relations Act with the bargaining timeline. The Senate versionawaits a committee hearing.

Hawley earlier this year urged his colleagues to adopt a “pro-worker” framework, putting emphasis on measures that would ban captive audience meetings and speeding up union elections, along with the expedited bargaining process.

The NLRA and current legal doctrine prevent the NLRB from prescribing contract terms or forcing parties to agree to a contract.

O’Brien called the labor agency “broken” during his short speech Tuesday and said the legislation could be game-changing for workers.

“Its dysfunction to quickly process union elections and resolve labor charges has long allowed employers to delay, avoid, and even refuse to bargain with hard-working Americans,” he said. “Companies of all sizes mistreat workers and disrespect organized labor because they know they can. There is no accountability.”