Richard L. Trumka Protecting the Right to Organize Act of 2025
Sponsored By: Representative Scott (VA)
Introduced
Summary
Strengthens worker organizing rights and enforcement. The bill broadens who counts as an employee or joint employer and builds tougher remedies, penalties, and election rules to make organizing and bargaining easier to enforce and monitor.
Show full summary
- Workers: Expands who is treated as an employee by tightening the three-part test for independent contractors and broadening the joint-employer test to include direct, indirect, and reserved control. It adds clear protections for strike participation and allows back pay without reduction and liquidated damages equal to twice awarded damages.
- Employers: Requires prompt disclosure and new notice duties including a detailed voter list within two business days and multilingual employee notices. Noncompliance can trigger civil penalties including up to $50,000 per unfair labor practice, up to $10,000 per refusal to obey Board orders, and fines for posting or voter-list violations.
- Elections, agencies, and unions: NLRB must adopt remote electronic voting within one year and aim to hold elections within twenty business days. The bill also boosts NLRB reporting and transparency, expands private suits, and creates new whistleblower protections and expedited enforcement.
Bill Overview
Analyzed Economic Effects
9 provisions identified: 6 benefits, 1 costs, 2 mixed.
Higher penalties and new worker lawsuits
This bill would raise fines for unfair labor practices and let workers sue in court after a short waiting period. Posting or voter‑list violations could cost $500 each. Serious violations could cost up to $50,000 each, or up to $100,000 if repeated within 5 years. Disobeying a Board order could bring penalties up to $10,000 per violation. Workers could seek back pay, front pay, full money harms, double damages on money awards, and possibly punitive damages, plus attorney fees. Courts would generally grant quick temporary relief unless the Board is unlikely to win.
More workers and firms covered by labor law
This bill would treat most service providers as employees unless all three tests are met: real freedom from control, work outside the company’s usual business, and running an independent business. It would broaden when multiple companies count as joint employers, including shared, indirect, or reserved control of key job terms. It would narrow who counts as a supervisor by requiring those duties for most of the person’s work time and by removing some “assign” and “direct” language.
Deadlines and arbitration for first contracts
This bill would make parties start bargaining within 10 days of a written request. If there is no deal in 90 days, either side could ask for federal mediation. If no agreement 30 days later, a three‑person panel would be appointed and must decide within 120 days. The decision would bind both sides for two years unless both agree to changes. The panel would weigh the employer’s finances, cost of living, and industry standards.
Faster union elections and remote voting
This bill would require the NLRB to run elections by internet or phone within one year. Pre‑election hearings would start in 8 days and elections would be held no later than the 20th business day after direction. Employers would have to give a searchable voter list within 2 business days. The Board would write rules within 9 months. In some cases, the Board could certify a union without a new vote if the employer broke the law and most workers signed cards within a year.
Stronger rights to organize and strike
This bill would bar employers from forcing you to attend campaign or anti‑union meetings unrelated to your job. Employers could not falsely tell you that you are not an employee under the law. You could use work email or devices for protected activity unless the employer shows a strong business reason to block it. Employers could not make you waive class or collective claims before a dispute, or punish you for refusing. Employers could not permanently replace you for taking part in a lawful strike or punish you for supporting a strike.
Whistleblower protections for workers and applicants
This bill would protect people who report violations from being fired or punished. You would have 180 days to file a complaint. The Secretary would start an investigation within 60 days, and either side could ask for a hearing within 30 days. A final order would be due within 120 days after the hearing ends. Remedies could include reinstatement, back pay with interest, compensatory damages, and costs. Frivolous claims could trigger up to $1,000 in fees.
Union fair-share fees allowed nationwide
This bill would let union contracts require all covered workers to pay representation fees. This would apply even in states that ban such fees. If you are not in a covered bargaining unit, this would not apply to you.
Funding authority to carry out changes
This bill would allow agencies to receive money needed to carry out these changes. It does not set dollar amounts. Funding would still depend on future congressional appropriations.
Clarify filing window and keep state rules
This bill would restate the NLRA filing period as 180 days, without changing the time allowed. It would not change immigration rules or state definitions of employer and employee for wages, hours, workers’ comp, or unemployment insurance. NLRB size‑based jurisdiction tests would not change.
Sponsors & CoSponsors
Sponsor
Scott (VA)
VA • D
Cosponsors
Fitzpatrick
PA • R
Sponsored 3/5/2025
Brown
OH • D
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Moore (WI)
WI • D
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Williams (GA)
GA • D
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Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
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Tlaib
MI • D
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Bishop
GA • D
Sponsored 3/5/2025
McIver
NJ • D
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Titus
NV • D
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Bonamici
OR • D
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Keating
MA • D
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McGovern
MA • D
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Thompson (MS)
MS • D
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Lofgren
CA • D
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DeLauro
CT • D
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Ansari
AZ • D
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Mrvan
IN • D
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Garamendi
CA • D
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Budzinski
IL • D
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Kaptur
OH • D
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Ramirez
IL • D
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McGarvey
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Schneider
IL • D
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Takano
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Dingell
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Norcross
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Roll Call Votes
No roll call votes available for this bill.
View on Congress.govRelated Bills
HR2550 — Protect America's Workforce Act
Preserves federal employees' collective bargaining agreements. This Act nullifies the Executive Order titled "Exclusions from Federal Labor-Management Relations Programs." - Federal employees and unions: Collective bargaining agreements that were in effect on March 26, 2025 remain valid and continue to apply through each contract's stated term. - Federal agencies and federal funds: Agencies may not obligate or spend federal funds to carry out that Executive Order, and the Executive Order has no force or effect.
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HR18 — Bipartisan Background Checks Act of 2025
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