ASAP
Policy Week in Review – March 7, 2025
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week.
Congressional and Administrative News
Pro-Union Legislation Introduced
Senator Josh Hawley (R-MO) introduced the Faster Labor Contract Act, which would speed up the collective bargaining process by requiring employers to begin negotiating with the union within 10 days after workers vote to form a union, and then impose a 90-day timeframe to reach a contract. If no agreement were reached, the dispute would go to mediation. If mediation were to fail within 30 days, the dispute would be referred to a three-person arbitration panel, which would settle the dispute and render a binding contract on the parties for two years. This legislation follows Hawley’s labor reform framework released earlier this year. Regardless of the number of days it takes to reach agreements, the Faster Labor Contract Act relies on the false premise that unions are entitled to force employers to enter into union contracts at all, which has never been the goal of the NLRA. Employers have a right not to agree, and the business community and Congress have a duty to protect that right in order to avoid a massive shift in control of private sector labor relations in favor of unions. WPI is tracking the Hawley proposals closely and engaging with key lawmakers to provide our insights and analysis.
Additionally, the Richard L. Trumka Protecting the Right to Organize Act (PRO Act) was reintroduced this week by Senator Bernie Sanders (I-VT) and Representative Bobby Scott (D-VA). The PRO Act, which was the centerpiece of President Biden’s labor policy agenda, is a radical bill that would take away workers’ right to a secret ballot election, ban state right-to-work laws, force union contracts over the rights of employers (same provision as the Hawley proposal), take away the freedoms and flexibility of the gig economy by reclassifying independent contractors as employees, codify expanded joint employment liability, chill employer speech during organizing drives, among other provisions. The Senate has repeatedly rejected the PRO Act over the years.
NLRB Member Gwynne Wilcox Reinstated After Termination
On Thursday, U.S. District Court Judge Beryl Howell ruled that President Trump lacked the authority to terminate National Labor Relations Board Member Gwynne Wilcox, allowing Wilcox to return to the Board. The Trump administration has already filed an appeal with the U.S. Court of Appeals for the D.C. Circuit. In the interim, Wilcox’s return to the Board will restore the three-member quorum needed to issue decisions, pending the appeal. For further analysis, read here.
Trump Labor Nominees Advance
The Senate is expected to hold a floor vote early next week to confirm former Representative Lori Chavez DeRemer, after her nomination for labor secretary cleared a procedural vote this week. Additionally, the Senate HELP Committee, along a party-line vote, approved Keith Sonderling’s nomination for deputy labor secretary. His nomination will now move to the Senate floor for a final vote.
