H.R. 5408

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5408 Engrossed in House (EH)]

<DOC>

119th CONGRESS
2d Session
H. R. 5408

_______________________________________________________________________

AN ACT

To accelerate workplace time-to-contract under the National Labor 
Relations Act.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Faster Labor Contracts Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Employees in the United States have a right to organize 
collectively in order to secure higher wages and other 
benefits, and regularly exercise that right by voting to be 
represented by a labor organization in their workplaces.
(2) A successful vote in favor of representation by a labor 
organization does not immediately lead to an agreement between 
the parties. Often the negotiation process is difficult and 
protracted, taking a year or longer.
(3) Research indicates that these contracting delays are 
increasing over time. A Bloomberg Law study from 2021 found 
that the average number of days between a vote in favor of 
representation by a labor organization and a contract entered 
into between the parties was 465 days.
(4) Delays in the processing of collective bargaining 
contracts primarily benefit employers opposed to representation 
by the labor organization. The employers can use those delays 
to sap labor organization resolve and secure more favorable 
terms for the employer.
(5) In order for employees in the United States to fully 
enjoy the benefits guaranteed to them by Federal labor law, 
those employees must be able to promptly secure a first 
contract following the legal recognition or certification of a 
labor organization, and Federal labor law ought to facilitate 
this expediency.

SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.

Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (1) through (4) as 
subparagraphs (A) through (D), respectively;
(B) by striking ``For the purposes of this 
section'' and inserting ``(1) For the purposes of this 
section'';
(C) by inserting ``(and to maintain current wages, 
hours, and terms and conditions of employment pending 
an agreement)'' after ``arising thereunder'';
(D) by inserting ``: Provided, That an employer's 
duty to collectively bargain shall continue absent 
decertification of the representative following an 
election conducted pursuant to section 9'' after 
``making of a concession'';
(E) by inserting ``further'' before ``, That where 
there is in effect'';
(F) by striking ``The duties imposed'' and 
inserting ``(2) The duties imposed'';
(G) by striking ``by paragraphs (2), (3), and (4)'' 
and inserting ``by subparagraphs (B), (C), and (D) of 
paragraph (1)'';
(H) by striking ``section 8(d)(1)'' and inserting 
``paragraph (1)(A)'';
(I) by striking ``section 8(d)(3)'' each place it 
appears and inserting ``paragraph (1)(C)'';
(J) by striking ``section 8(d)(4)'' and inserting 
``paragraph (1)(D)''; and
(K) by adding at the end the following:
``(3) Whenever collective bargaining is for the purpose of 
establishing an initial collective bargaining agreement following 
certification or recognition of an individual or labor organization as 
a representative as provided under section 9(a), the following shall 
apply:
``(A) Not later than 10 days after receiving a written 
request for collective bargaining from an individual or labor 
organization that has been newly recognized or certified as a 
representative as provided under section 9(a), or within such 
further period as the parties agree upon, the parties shall 
meet and begin bargaining collectively, and shall make every 
reasonable effort to conclude and sign a collective bargaining 
agreement.
``(B) If after the expiration of the 90-day period 
beginning on the date on which bargaining is commenced, or such 
additional period as the parties may agree upon, the parties 
have failed to reach an agreement, either party may notify the 
Federal Mediation and Conciliation Service that a dispute 
exists, and may request mediation. Whenever such a request is 
received, the Service shall promptly communicate with the 
parties and use its best efforts, by mediation and 
conciliation, to secure an agreement.
``(C) If after the expiration of the 30-day period 
beginning on the date on which the request for mediation is 
made under subparagraph (B), or such additional period as the 
parties may agree upon, the Service is not able to bring the 
parties to agreement by conciliation, the Service shall refer 
the dispute to a 3-person arbitration panel established in 
accordance with such regulations as may be prescribed by the 
Service, with one member selected by the individual or labor 
organization, one member selected by the employer, and one 
neutral member mutually agreed to by the parties. The 
individual or labor organization and the employer must each 
select the members of the 3-person arbitration panel within 14 
days of the Service's referral; if the individual or labor 
organization or the employer fail to do so, the Service shall 
designate any members not selected by the individual or labor 
organization or by the employer. A majority of the 3-person 
arbitration panel shall render a decision settling the dispute 
and such decision shall be binding upon the parties for a 
period of 2 years, unless amended during such period by written 
consent of the parties. Such decision shall be based on--
``(i) the employer's financial status and 
prospects;
``(ii) the size and type of the employer's 
operations and business;
``(iii) the employees' cost of living;
``(iv) the employees' ability to sustain 
themselves, their families, and their dependents on the 
wages and benefits they earn from the employer; and
``(v) the wages and benefits other employers in the 
same business provide their employees.''; and
(2) in subsection (g), by striking ``clause (B) of the last 
sentence of section 8(d) of this Act'' and inserting 
``subsection (d)(2)(B)''.

SEC. 4. GAO REPORT EXAMINING AVERAGE WORKPLACE TIME-TO-CONTRACT.

Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report examining the average number of days between--
(1) the date on which an individual or labor organization 
is certified or recognized as the representative of employees 
under section 9(a) of the National Labor Relations Act (29 
U.S.C. 159(a)), following the date of enactment of this Act; 
and
(2) the date on which the parties enter into an initial 
collective bargaining agreement.

Passed the House of Representatives June 9, 2026.

Attest:

Clerk.
119th CONGRESS

2d Session

H. R. 5408

_______________________________________________________________________

AN ACT

To accelerate workplace time-to-contract under the National Labor 
Relations Act.