Overview

Title

To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959, and for other purposes.

ELI5 AI

H. R. 20 is a plan for making sure workers have a fair chance to team up and talk to their bosses about work things. It wants to make rules clearer and make companies follow them better by using new ways like online voting, so everyone feels safe and heard.

Summary AI

H. R. 20, also known as the "Richard L. Trumka Protecting the Right to Organize Act of 2025," aims to strengthen workers' rights to organize and bargain collectively in the United States. It proposes amendments to several labor laws to expand definitions of employees, protect against unfair labor practices, and enforce stronger penalties on employers who violate labor rights. The bill also mandates the use of electronic voting in union elections and includes provisions for whistleblower protections and civil action rights. Additionally, it seeks to facilitate sectoral bargaining and requires reports on its impact on various workplace factors.

Published

2025-03-05
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-03-05
Package ID: BILLS-119hr20ih

Bill Statistics

Size

Sections:
25
Words:
13,051
Pages:
56
Sentences:
247

Language

Nouns: 3,899
Verbs: 1,025
Adjectives: 565
Adverbs: 106
Numbers: 418
Entities: 880

Complexity

Average Token Length:
4.11
Average Sentence Length:
52.84
Token Entropy:
5.61
Readability (ARI):
27.85

AnalysisAI

General Summary of the Bill

This bill, introduced as the "Richard L. Trumka Protecting the Right to Organize Act of 2025," aims to amend several key labor laws, including the National Labor Relations Act, the Labor Management Relations Act of 1947, and the Labor-Management Reporting and Disclosure Act of 1959. The proposed legislation seeks to modernize and strengthen workers' rights, particularly focusing on issues such as unfair labor practices, collective bargaining, and the right to organize. It also addresses procedural and administrative aspects, such as electronic voting in union elections and whistleblower protections.

Summary of Significant Issues

Several notable issues arise from this bill:

  1. Definitions and Scope Ambiguity: The bill's definition of "joint employer" is considered vague. It uses ambiguous terms like "codetermines" and "control over employment terms," which may lead to differing interpretations and potential legal challenges.

  2. Financial Penalties and Burdens: The bill introduces substantial penalties for non-compliance with labor board orders, which could be financially burdensome, especially for smaller entities.

  3. Electronic Voting System: The provision to implement an electronic voting system within a year lacks clarity on necessary funding and security measures, raising concerns about potential vulnerabilities and financial oversight.

  4. Union and Stakeholder Dynamics: The requirement for collective bargaining agreements to mandate employee contributions to labor organizations regardless of state laws might favor unions while potentially overriding individual employee choice and state legislation.

  5. Strike Protections: Broadening strike protections without clear limitations could lead to increased disputes and potential abuse of the right to strike, with ambiguous terms like "duration, scope, frequency, or intermittence" prompting potential legal conflicts.

Impact on the Public

The bill could have significant implications for various segments of the public. For the general workforce, it seeks to enhance protections and bargaining power, potentially leading to improved working conditions and fairer labor practices. Employees may experience greater latitude in organizing and participating in union activities without fear of unfair repercussions. However, this could also mean more frequent disruptions due to strikes or labor disputes, affecting business operations and possibly consumer experiences.

Impact on Stakeholders

Workers and Unions: Workers and labor unions are likely to view the bill positively, as it strengthens their ability to organize and negotiate collectively. The increased protections for workers against unfair labor practices and the facilitation of union-related activities could empower employees to advocate more effectively for their rights and benefits.

Employers and Businesses: Employers, particularly smaller businesses, may face challenges due to increased penalties for non-compliance and the mandatory union fee contributions. These entities might see increased operational costs and face legal uncertainties due to the ambiguous language used in various definitions and provisions.

State Governments: States with laws that currently limit union activities may find themselves in conflict with this federal legislation, leading to potential legal disputes over states' rights versus federal mandates.

Overall, while the bill aims to balance power between employers and employees, its success will depend significantly on how its provisions are clarified and implemented. The potential for increased legal disputes and the financial implications for businesses and states are critical factors that may shape the bill's effectiveness and reception.

Financial Assessment

The "Richard L. Trumka Protecting the Right to Organize Act of 2025," also known as H. R. 20, includes several references to financial penalties and appropriations related to labor organization and practices. Here's a breakdown of these financial aspects and how they connect with the issues identified in the bill.

Financial Penalties and Appropriations

Civil Penalties for Non-Compliance:

  • Section 107 introduces a civil penalty of up to $10,000 for each violation by any person failing to obey an order from the National Labor Relations Board. This penalty will accumulate daily until the violation is corrected, accruing to the United States. Each day's continued non-compliance counts as a separate offense. This provision aims to ensure compliance with the Board's orders by establishing significant financial consequences for violations.

  • A related issue is identified concerning the potentially harsh nature of these penalties, especially for smaller entities. Daily penalties could lead to severe financial repercussions, potentially crippling small businesses that find themselves unable to comply quickly due to resource constraints.

Penalties for Unfair Labor Practices:

  • Section 109 specifies that any employer committing an unfair labor practice can face a civil penalty of up to $50,000 per violation. If the unfair labor practice involves more severe offenses like employee discharge, the penalty can be doubled to $100,000 if there are repeat offenses within five years.

  • The imposition of these penalties seems geared towards deterring unfair practices by suggesting significant financial impacts for violations. However, the bill does not specify detailed guidelines for these punitive damages, potentially leading to inconsistent awards that could be financially burdensome to employers. This point has been flagged as a concern in the identified issues.

Frivolous Claims and Attorney Fees:

  • Additionally, Section 202 allows the Secretary of Labor to award attorney fees, not exceeding $1,000, against complainants who bring frivolous claims. This measure is intended to discourage the misuse of complaint mechanisms under the act by penalizing false or frivolous claims.

  • This aligns with the concern about setting financial repercussions for unfounded claims, ensuring that the mechanism for filing grievances is used responsibly.

Authorization of Appropriations

  • Section 304 authorizes the appropriation of necessary funds to implement the provisions and amendments within the Act. However, no specific amount is provided. This lack of detail could lead to financial ambiguity and oversight, especially concerning sections requiring potentially costly implementations like Section 301's mandate for an electronic voting system.

  • The concern here focuses on the potential for unallocated or undefined budgetary requirements to lead to financial oversights or wasteful spending. As the bill mandates an electronic voting system, the absence of a clear budget could hinder its effective and efficient implementation.

Consideration of Financial Impact

The financial impact and allocation mechanisms within H. R. 20 have the potential to serve as substantial deterrents against non-compliance and unfair labor practices. However, the bill exhibits gaps in detailing how these penalties and appropriations will be balanced to avoid overly harsh consequences for smaller businesses or inconsistent punitive measures, alongside adequately planning the financial resources needed for its execution. The issues identified highlight these gaps, pointing to a need for clarified financial guidelines and more precise budgetary planning to support the Act's ambitious reforms.

Issues

  • The definition of 'joint employer' in Section 101 is considered ambiguous due to reliance on terms like 'codetermines' and 'control over the employee’s essential terms and conditions of employment', requiring further clarification to avoid misinterpretation and potential legal disputes.

  • In Section 107, the provision for daily penalties for continued failure or neglect to obey a Board order could lead to excessively harsh financial penalties, especially for smaller entities, which might be deemed unfair or financially crippling.

  • Section 104's language regarding the arbitration panel in subsection (d)(3)(C) lacks clarity for readers unfamiliar with legal or labor negotiation processes, potentially causing misunderstanding or misinterpretation.

  • The requirement in Section 301 to implement an electronic voting system within a year is not supported by details on the budget necessary for this implementation, potentially leading to financial oversights or wasteful spending.

  • Section 109 allows punitive damages without explicit limits or guidelines on amounts, potentially resulting in excessive or inconsistent punitive damage awards, which could be financially damaging to employers.

  • Section 110's broadening of strike protection without specifying limitations or conditions could lead to disputes or abuse of the right to strike, prompting potential legal challenges due to ambiguous terminology like 'duration, scope, frequency, or intermittence' of strikes.

  • The amendment in Section 111 permits collective bargaining agreements that require all employees to contribute fees to a labor organization, possibly favoring unions over individual employees' choice and clashing with state or territorial legislation.

  • Section 102 exempts reports from section 3003 of the Federal Reports Elimination and Sunset Act of 1995, but lacks explicit clarification of the necessity or purpose for this exemption, leading to potential confusion.

  • In Section 303, the severability clause uses standard legal language but could benefit from simplification to enhance public understanding of what occurs if a provision is held invalid.

  • The lack of details on security measures or standards for electronic and telephone voting systems in Section 301 could raise concerns about the integrity and confidentiality of union elections.

  • Section 108's provisions lack clarity on interactions with legal terms, making it difficult for non-experts to grasp fully, and this might lead to jurisdictional ambiguities or inconsistencies in enforcement.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Richard L. Trumka Protecting the Right to Organize Act of 2025 has multiple sections that aim to revise labor laws. Title I introduces changes to the National Labor Relations Act, including rules on unfair labor practices and representatives' elections. Title II proposes updates to other labor-related legislation from 1947 and 1959, and Title III covers additional matters such as electronic voting in union elections and various reports and appropriations.

101. Definitions Read Opens in new tab

Summary AI

The section updates definitions in the National Labor Relations Act about who counts as a joint employer, an employee, and a supervisor. It defines a joint employer as companies that share control over workers' employment terms, broadens the definition of an employee to include most service providers unless they meet certain criteria, and narrows the definition of a supervisor by changing how their responsibilities are considered.

102. Reports Read Opens in new tab

Summary AI

The amendment to the National Labor Relations Act requires that reports continue to be issued as before, despite a previous law ending some reporting requirements. Starting in 2027, these reports must include details about cases where officials advised or decided on whether a Board member should not participate in decisions due to conflicts of interest.

103. Appointment Read Opens in new tab

Summary AI

Section 103 changes the National Labor Relations Act by removing the phrase “, or for economic analysis” from a specific part of the law.

104. Unfair labor practices Read Opens in new tab

Summary AI

Section 104 of the bill makes important changes to the National Labor Relations Act regarding unfair labor practices. It prevents employers from threatening employees who go on strike, requires employers to notify employees of their rights under the Act, and establishes rules for fair communication during collective bargaining, including mediation and arbitration processes.

105. Representatives and elections Read Opens in new tab

Summary AI

The amendments to the National Labor Relations Act make it easier for employees to have a union represent them by requiring investigations and hearings if there is a question about representation, simplifying the election process, and outlining conditions where the Board will certify unions without needing new elections if the employer was found to interfere unfairly. It also includes rules about when petitions can be dismissed or suspended, particularly if there is already a collective bargaining agreement in place.

106. Damages for unfair labor practices Read Opens in new tab

Summary AI

The amendment to Section 10(c) of the National Labor Relations Act ensures that if an employer unfairly discriminates against or causes serious economic harm to an employee, the employee is entitled to full compensation, including back pay, front pay, and additional damages, without any reductions, even if the employee is an unauthorized alien.

107. Enforcing compliance with orders of the board Read Opens in new tab

Summary AI

The section outlines amendments to the National Labor Relations Act, which make orders from the labor board automatically enforceable unless changed by the board or a court. It also states that penalties may apply for non-compliance with these orders, ensures opportunities for judicial review, and updates procedural details for handling objections and additional evidence.

Money References

  • “(2) Any person who fails or neglects to obey an order of the Board shall forfeit and pay to the Board a civil penalty of not more than $10,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the Board to the district court of the United States in which the unfair labor practice or other subject of the order occurred, or in which such person or entity resides or transacts business.

108. Injunctions against unfair labor practices involving discharge or other serious economic harm Read Opens in new tab

Summary AI

Section 108 of the bill proposes changes to the National Labor Relations Act to prioritize investigations and court actions involving unfair labor practices, particularly when employees face discharge or other serious economic harm. It mandates quick investigation and legal action if there is reasonable belief an employer violated workers' rights, while also repealing specific subsections of the existing law.

109. Penalties Read Opens in new tab

Summary AI

The proposed amendments to Section 12 of the National Labor Relations Act outline penalties for employers who interfere with board activities or violate posting requirements, including fines up to $500 per violation. Employers found guilty of unfair labor practices could face civil penalties of up to $50,000 per violation, which can double in cases of repeated offenses, and injured parties are allowed to sue in court for damages and legal fees.

Money References

  • “(a) Violations for interference with board.—Any person”; and (2) by adding at the end the following: “(b) Violations for posting requirements and voter list.—If the Board, or any agent or agency designated by the Board for such purposes, determines that an employer has violated section 8(h) or regulations issued thereunder, the Board shall— “(1) state the findings of fact supporting such determination; “(2) issue and cause to be served on such employer an order requiring that such employer comply with section 8(h) or regulations issued thereunder; and “(3) impose a civil penalty in an amount determined appropriate by the Board, except that in no case shall the amount of such penalty exceed $500 for each such violation.
  • “(c) Civil penalties for violations.— “(1) IN GENERAL.—Any employer who commits an unfair labor practice within the meaning of section 8(a) shall, in addition to any remedy ordered by the Board, be subject to a civil penalty in an amount not to exceed $50,000 for each violation, except that, with respect to an unfair labor practice within the meaning of paragraph (3) or (4) of section 8(a) or a violation of section 8(a) that results in the discharge of an employee or other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $100,000, in any case where the employer has within the preceding 5 years committed another such violation.

12. Penalties Read Opens in new tab

Summary AI

Any person found interfering with the board will face penalties as described in this section.

110. Limitations on the right to strike Read Opens in new tab

Summary AI

The amendment to Section 13 of the National Labor Relations Act clarifies that strikes cannot be considered unprotected or illegal based on their length, scope, frequency, or if they happen intermittently.

111. Fair share agreements permitted Read Opens in new tab

Summary AI

In this section, the National Labor Relations Act is amended to allow collective bargaining agreements that require all employees in a bargaining unit to pay fees to a labor union for representation and other related costs, even if state or territorial laws say otherwise.

201. Conforming amendments to the Labor Management Relations Act, 1947 Read Opens in new tab

Summary AI

The Labor Management Relations Act, 1947, is being updated to change some references to different sections of the National Labor Relations Act and to remove section 303 altogether.

202. Amendments to the Labor-Management Reporting and Disclosure Act of 1959 Read Opens in new tab

Summary AI

The amendments to the Labor-Management Reporting and Disclosure Act of 1959 include changes to whistleblower protections, ensuring that employees are not punished for reporting violations or refusing to participate in illegal activities, and require that such information be made available to the public online. It also outlines the processes for filing complaints, investigation procedures, and potential remedies for those facing retaliation, while making it clear that these protections cannot be waived by any agreement.

Money References

  • “(C) FRIVOLOUS CLAIMS.—If the Secretary of Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of Labor may award to the prevailing employer or labor organization a reasonable attorney fee, not exceeding $1,000, to be paid by the complainant.

611. Whistleblower Protections Read Opens in new tab

Summary AI

This section outlines protections for whistleblowers, stating that employers and labor organizations cannot fire or discriminate against employees, applicants, or former employees for reporting violations, testifying, or refusing to participate in illegal activities. It also details the procedure for handling complaints, the responsibilities of the Secretary of Labor, and the legal remedies available, while clarifying that these protections cannot be waived by any agreement.

Money References

  • (C) FRIVOLOUS CLAIMS.—If the Secretary of Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of Labor may award to the prevailing employer or labor organization a reasonable attorney fee, not exceeding $1,000, to be paid by the complainant.

301. Electronic voting in Union elections Read Opens in new tab

Summary AI

The section outlines that within a year of enactment, the National Labor Relations Board must set up a system allowing union elections to be conducted remotely using electronic voting, either online or by phone. It also requires the Board to report details about each election and its costs to Congress annually.

302. GAO report on sectoral bargaining Read Opens in new tab

Summary AI

The section requires the Comptroller General to review and report on how collective bargaining works at the industry level in various countries. The report will compare laws and policies, assess the impact on wages, employment, and other economic factors, and explain the methodology used.

303. Severability Read Opens in new tab

Summary AI

If any part of the Act is found to be invalid or unenforceable, the rest of the Act remains in effect, except for situations specifically related to that invalid part.

304. Authorization of appropriations Read Opens in new tab

Summary AI

The section authorizes the government to allocate as much money as needed to implement the measures and changes introduced by this Act.

305. Rule of Construction Read Opens in new tab

Summary AI

The section explains that the changes made by this Act do not modify section 274A of the Immigration and Nationality Act.

306. Rule of Construction Read Opens in new tab

Summary AI

The amendments made by this Act do not change how the National Labor Relations Board determines if a business impacts commerce under the National Labor Relations Act, including its criteria on business size and revenue.

307. Rule of Construction Read Opens in new tab

Summary AI

The section clarifies that nothing in the Act or its amendments should be understood to change the privacy rights of employees regarding voter lists that employers give to labor organizations during Board-directed elections.

308. Rule of Construction Read Opens in new tab

Summary AI

The amendments introduced by this Act do not change how the terms “employer” or “employee” are defined in state laws that relate to employee wages, work hours, workers’ compensation, or unemployment insurance.

309. GAO Report Read Opens in new tab

Summary AI

The Comptroller General of the United States is tasked with conducting a study on how specific sections of this Act affect workers and employers, focusing on areas like union formation, workplace conditions, and technology use. The findings will be reported to Congress six months after the study begins and may lead to recommendations or changes in the legislation by the President and Congress.