Richard L. Trumka Protecting the Right to Organize Act of 2025
Sponsored By: Senator Bernie Sanders
Introduced
Summary
Strengthens worker organizing rights and enforcement. The bill would expand who counts as employees and joint employers, speed representation and bargaining, require voter lists and workplace postings, and increase penalties and remedies for unfair labor practices.
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- Workers and jobseekers: Would broaden employee coverage and set a three-factor test that presumes employee status unless all three criteria are met. It would protect use of employer-provided electronic communications for organizing and clarify that the duration or pattern of strikes does not strip protection.
- Employers and bargaining: Would require employers to provide unions detailed voter lists and timely notices. It would force a fast initial bargaining process with mandatory mediation and binding arbitration if negotiations fail.
- Enforcement and remedies: Would expand National Labor Relations Board authority, allow private civil suits after a waiting period, make Board orders immediately effective, and raise civil penalties for unfair labor practices to up to $50,000 per violation and up to $100,000 for repeat or aggravated offenses.
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 4 benefits, 1 costs, 2 mixed.
Faster relief and larger damage awards
If enacted, charges alleging serious unfair labor practices would get fast investigations and quick court relief. If the Board finds a violation, workers could get full back pay, front pay, and consequential damages. They could also get liquidated damages equal to two times awarded damages. Workers could file a private federal lawsuit after waiting 60 days if the Board has not acted.
More workers treated as employees
If enacted, most people who do work would be presumed employees unless three strict conditions are all met. The bill tightens joint‑employer rules to cover indirect or reserved control. It also narrows who counts as a supervisor. Misrepresenting a worker as a contractor would be an unfair labor practice.
Binding first-contract arbitration and fees
If enacted, a union win would require bargaining to start within 10 days. If no agreement in 90 days, mediation then binding arbitration could set a first contract for two years. Arbitration must consider employer finances, local living costs, and comparable industry wages. Collective agreements could also require all unit employees to pay representation fees even if state law bans such fees.
Ban on employer coercion and forced waivers
If enacted, employers could not force employees to attend campaign activities unrelated to job duties. Most pre‑dispute class or collective waivers would be invalid and unenforceable. Employers could not promise to permanently replace strikers or punish workers for striking. The bill would also narrow a reporting exemption for many employer‑led meetings and trainings.
Speeding up union elections and voter lists
If enacted, the Board would speed election timelines and require fast pre‑election hearings. Employers would have to give unions a detailed voter list within two business days. Elections would be scheduled by the 20th business day after direction unless paused for a timely unfair labor charge. The Board could set aside tainted elections and certify unions where prior authorizations exist.
Higher fines and faster NLRB enforcement
If enacted, Board orders would take effect on issuance and the NLRB could seek quick injunctions and daily penalties for noncompliance. Employers could face civil penalties up to $50,000 per unfair labor violation, and up to $100,000 for serious or repeat violations. Fines up to $10,000 per violation could be imposed for disobeying Board orders, and $500 per posting or voter‑list violation. The bill also authorizes such sums as may be necessary and restores detailed NLRB recusal reporting.
Repeal of LMRA section 303
If enacted, the bill would repeal LMRA section 303 (29 U.S.C. 187). The repeal would remove that statutory provision from the code. The bill does not say what financial effects, if any, would follow.
Sponsors & CoSponsors
Sponsor
Bernie Sanders
VT • I
Cosponsors
Patty Murray
WA • D
Sponsored 3/5/2025
Charles Schumer
NY • D
Sponsored 3/5/2025
Angela Alsobrooks
MD • D
Sponsored 3/5/2025
Tammy Baldwin
WI • D
Sponsored 3/5/2025
Michael Bennet
CO • D
Sponsored 3/5/2025
Richard Blumenthal
CT • D
Sponsored 3/5/2025
Lisa Blunt Rochester
DE • D
Sponsored 3/5/2025
Cory Booker
NJ • D
Sponsored 3/5/2025
Maria Cantwell
WA • D
Sponsored 3/5/2025
Christopher Coons
DE • D
Sponsored 3/5/2025
Catherine Cortez Masto
NV • D
Sponsored 3/5/2025
Tammy Duckworth
IL • D
Sponsored 3/5/2025
Richard Durbin
IL • D
Sponsored 3/5/2025
John Fetterman
PA • D
Sponsored 3/5/2025
Ruben Gallego
AZ • D
Sponsored 3/5/2025
Kirsten Gillibrand
NY • D
Sponsored 3/5/2025
Maggie Hassan
NH • D
Sponsored 3/5/2025
Martin Heinrich
NM • D
Sponsored 3/5/2025
John Hickenlooper
CO • D
Sponsored 3/5/2025
Mazie Hirono
HI • D
Sponsored 3/5/2025
Timothy Kaine
VA • D
Sponsored 3/5/2025
Mark Kelly
AZ • D
Sponsored 3/5/2025
Andy Kim
NJ • D
Sponsored 3/5/2025
Angus King
ME • I
Sponsored 3/5/2025
Amy Klobuchar
MN • D
Sponsored 3/5/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 3/5/2025
Edward Markey
MA • D
Sponsored 3/5/2025
Jeff Merkley
OR • D
Sponsored 3/5/2025
Christopher Murphy
CT • D
Sponsored 3/5/2025
Jon Ossoff
GA • D
Sponsored 3/5/2025
Alex Padilla
CA • D
Sponsored 3/5/2025
Gary Peters
MI • D
Sponsored 3/5/2025
John Reed
RI • D
Sponsored 3/5/2025
Jacky Rosen
NV • D
Sponsored 3/5/2025
Brian Schatz
HI • D
Sponsored 3/5/2025
Adam Schiff
CA • D
Sponsored 3/5/2025
Jeanne Shaheen
NH • D
Sponsored 3/5/2025
Elissa Slotkin
MI • D
Sponsored 3/5/2025
Tina Smith
MN • D
Sponsored 3/5/2025
Chris Van Hollen
MD • D
Sponsored 3/5/2025
Raphael Warnock
GA • D
Sponsored 3/5/2025
Elizabeth Warren
MA • D
Sponsored 3/5/2025
Peter Welch
VT • D
Sponsored 3/5/2025
Sheldon Whitehouse
RI • D
Sponsored 3/5/2025
Ron Wyden
OR • D
Sponsored 3/5/2025
Roll Call Votes
No roll call votes available for this bill.
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