S852119th CongressWALLET

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.

Show full summary
  • 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.

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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