H.R. 20 — Richard L. Trumka Protecting the Right to Organize Act of 2025

This section amends key definitions in §2 of the National Labor Relations Act (29 U.S.C. 152)—which delineates coverage for private-sector employees' rights to organize and collectively bargain, as enforced by the National Labor Relations Board—as follows: (1) expands the employer definition to expressly include joint employers who codetermine or share control over an employee's essential terms and conditions of employment, with the Board or courts to consider direct control, indirect control, reserved authority, or actual control exercised, including where indirect or reserved control alone suffices based on facts and circumstances; (2) adds to the employee definition a presumption that individuals performing any service are employees (not independent contractors) unless they satisfy all three criteria—free from the employer's control and direction both contractually and in fact, performing services outside the employer's usual course of business, and customarily engaged in an independent trade, occupation, profession, or business of the same nature; and (3) narrows the supervisor definition (which excludes supervisors from NLRA protections) by requiring that listed authorities (e.g., to hire, transfer, suspend, lay off, recall, promote, discharge, reward, discipline, or adjust grievances) be exercised in the employer's interest and for a majority of the individual's worktime, while striking "assign" and "or responsibly to direct them" from the enumerated duties.

This section reinstates the National Labor Relations Board's (NLRB) requirement to submit annual reports to Congress and the President, effective January 1, 2027, by exempting such reports from termination under section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (P.L. 104-66). (As background, the NLRB administers and enforces the National Labor Relations Act with respect to most private-sector collective bargaining and unfair labor practices.) The reports must (1) include no less detail than those issued prior to termination; (2) list each case in which the Designated Agency Ethics Official provided advice on whether a Board member should be recused from a case or rulemaking; and (3) list each case in which the ethics official determined a Board member should be recused.

This section amends section 8 of the National Labor Relations Act (29 U.S.C. 158), which prohibits unfair labor practices (ULPs) by employers and labor organizations, as follows: (1) In subsection (a), which lists employer ULPs, adds new paragraphs (6) prohibiting employers from promising, threatening, or taking action to permanently replace an employee who participates in a strike (as defined in 29 U.S.C. 142(2)), discriminate against an employee working or offering to return due to strike participation, or lock out employees to influence collective bargaining prior to a strike; and (7) prohibiting communication or misrepresentation to an employee (as defined in section 2(3)) that the employee is excluded from the definition of "employee" under section 2(3). (2) In subsection (b), which lists union ULPs, strikes paragraphs (4) and (7); and redesignates paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (3) In subsection (c), which addresses employer expression of views, adds that it is a ULP under subsection (a)(1) for an employer to require or coerce an employee to attend or participate in the employer's campaign activities unrelated to job duties (including those subject to reporting under 29 U.S.C. 433(b)). (4) In subsection (d), which imposes a duty to bargain in good faith, restructures it into numbered paragraphs; requires employers to maintain current wages, hours, and terms and conditions of employment pending agreement and to continue the duty to bargain absent labor organization decertification via section 9 election; and adds paragraph (3) for initial collective bargaining agreements after certification or recognition, requiring (A) bargaining to commence within 10 days of written request (or as agreed); (B) either party to request Federal Mediation and Conciliation Service mediation after 90 days without agreement (or as agreed), with the Service using best efforts to conciliate; and (C) after 30 days without agreement (or as agreed), referral to a tripartite arbitration panel (one member each selected by the union, employer, and neutrally), which must issue a binding decision within 120 days (absent extraordinary circumstances or agreement) for 2 years (unless amended by consent), based on the employer's finances and operations, employee cost of living and sustenance needs, and comparable wages and benefits. (5) Amends subsection (e) to provide that, notwithstanding the Federal Arbitration Act or other law, it shall be...

This section revises National Labor Relations Board (NLRB) procedures under the National Labor Relations Act for processing representation petitions, determining bargaining units, conducting elections, and certifying results. (The NLRB administers union elections to designate exclusive bargaining representatives for employees in appropriate units.) Specifically, in subsection (c)(1), it establishes that the Board must deem a labor organization's proposed unit appropriate if employees within it share a community of interest and those outside do not share an overwhelming community of interest with them; permits the union to request mail, electronic, work-location, or non-employer-site elections; and eliminates employer standing to participate or intervene in proceedings. It further (1) adds new paragraph (4) requiring Board certification of a union and a bargaining order upon a majority of valid votes in its favor; (2) adds new paragraph (5) directing certification of no-union election results unless, after a hearing, the Board finds employer violations or interference likely affected the outcome and a majority of unit employees signed union authorization cards within the prior year (in which case the Board certifies the union and issues a bargaining order without a new election) or directs a new election with safeguards; (3) revises paragraph (3) to apply its voter eligibility rule to all strikes (from economic strikes only by non-reinstateable employees); (4) inserts new paragraph (8) establishing expedited timelines, including pre-election hearings starting within 8 days of notice (continuing daily), election notices issued simultaneously with directions (by 20th business day after direction), employer posting of petition notice within 2 days, and post-election hearings within 14 days of objections (except extraordinary circumstances); and (5) makes minor conforming redesignations.

This section requires the National Labor Relations Board (NLRB), upon finding an unfair labor practice constituting discrimination against an employee under Section 8(a)(3) or (4) of the National Labor Relations Act (NLRA) or resulting in an employee's discharge or other serious economic harm, to award mandatory remedies under NLRA Section 10(c), including (1) back pay without reduction (including for interim earnings or failure to earn interim earnings), (2) front pay (when appropriate), (3) full compensation for all direct or foreseeable pecuniary harms, and (4) liquidated damages equal to two times the amount of damages awarded. This section further prohibits denial of such relief on the basis that the employee is or was, during relevant employment or the back pay period, an unauthorized alien.

This section amends enforcement and judicial review procedures for National Labor Relations Board (NLRB) orders under the National Labor Relations Act (NLRA)—which protects private-sector employees' rights to organize, bargain collectively, and engage in protected concerted activities—by (1) striking subsection (e), which previously authorized the NLRB to petition courts of appeals for enforcement; (2) redesignating subsection (d) as (e); (3) inserting new subsection (d) requiring NLRB orders to be self-enforcing upon issuance (unless otherwise directed), imposing civil penalties of up to $10,000 per violation recoverable by the NLRB in district court after 30 days (with each day of continued noncompliance with a final order a separate offense), and authorizing courts to enforce via injunction after notice and hearing; (4) revising subsection (f) to limit parties' petitions for review in courts of appeals to within 30 days of issuance, bar unraised objections absent extraordinary circumstances, deem NLRB factual findings conclusive if supported by substantial evidence, allow limited additional evidence, and make judgments final except for review by the relevant court of appeals and the Supreme Court under 28 U.S.C. 1254; and (5) updating cross-references in subsection (g) and conforming amendments in NLRA §18.

This section amends section 10(j) of the National Labor Relations Act (NLRA) to require priority preliminary investigation of charges alleging employer unfair labor practices (ULPs) under NLRA section 8(a)(1) (interference with section 7 rights), 8(a)(3) (discrimination), or 8(a)(4) (discrimination for testimony or charges) that significantly interfere with, restrain, or coerce employees in the exercise of section 7 rights (i.e., rights to organize, join unions, bargain collectively, and engage in concerted activities) or involve discharge or other serious economic harm to an employee. (Thus, if the investigating officer or regional attorney finds reasonable cause to believe the charge is true and a complaint should issue, that officer or attorney must petition a district court for temporary relief or a restraining order, which the court must grant unless there is no reasonable likelihood the National Labor Relations Board will succeed on the merits.) The section also repeals NLRA section 10(k), which authorized district court injunctions against strikes or picketing creating a substantial national emergency pending Board resolution of representation or jurisdictional disputes, and section 10(l), which required district court injunctions against alleged secondary boycotts upon filing of a ULP complaint.

This section revises section 12 of the National Labor Relations Act (NLRA) to impose new civil penalties administered by the National Labor Relations Board (NLRB), including: (1) up to $500 per violation for employer noncompliance with posting requirements and voter lists under section 8(h); and (2) up to $50,000 ($100,000 if doubled for repeat violations within five years of a section 8(a)(3) or (4) unfair labor practice (ULP) or one causing employee discharge or serious economic harm) per section 8(a) ULP, based on gravity, impact, and employer income, with possible personal liability for directors or officers who directed, authorized via policy, or knowingly failed to prevent the violation. This section further authorizes private civil actions in federal district court by persons aggrieved by NLRA section 8(a)(1), (3), or (4) ULPs—commenceable 60 days after charge filing with the NLRB (or upon notice of no complaint), within 90 days thereafter (if no NLRB section 10(j) petition)—for back pay without reduction for interim earnings, front pay, pecuniary harms, liquidated damages (twice the sum of those amounts), punitive damages, attorney’s fees, and other relief under specified civil rights laws, regardless of the claimant’s immigration status. This section modifies the NLRA section 10(b) limitations period by requiring ULP charges to be filed with the NLRB within 180 days (from six months) of the violation.

This section amends Section 13 of the National Labor Relations Act to provide that the duration, scope, frequency, or intermittence of any strike shall not render such strike unprotected or prohibited. (Thus, strikes remain protected under the act regardless of how long they last, how many workers participate, how often they occur, or whether they are intermittent, absent other specific limitations in the act.)

This section authorizes collective bargaining agreements—commonly known as fair share agreements—requiring all employees in a bargaining unit to contribute fees to a labor organization for the costs of representation, collective bargaining, contract enforcement, and related expenditures as a condition of employment, notwithstanding any State or Territorial law. (As background, section 14(b) of the National Labor Relations Act generally preserves states' authority to prohibit union-security agreements via right-to-work laws; thus, this provision overrides such laws with respect to fair share fees.)

This section amends the Labor Management Relations Act of 1947 by (1) updating cross-references in the provision on establishing Boards of Inquiry for threatened or actual strikes or lockouts at health care institutions (i.e., from citations to "clause (A) of the last sentence of section 158(d)" and "clause (B)" to citations to "section 8(d)(2)(A)" and "section 8(d)(2)(B)" of the National Labor Relations Act); and (2) repealing the provision authorizing private civil actions for damages caused by certain secondary boycotts or other unfair labor practices.

This section amends the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) as follows: (1) limits the exemption from employer/consultant reporting requirements under §203(c) by excluding arrangements in which a party agrees—for an object described in §203(b)(1)—to plan or conduct employee meetings; train supervisors or employer representatives; coordinate or direct their activities; establish or facilitate employee committees; identify employees for disciplinary action, reward, or targeting; or draft/revise employer personnel policies, speeches, presentations, or communications to employees (thus requiring public reporting of such "persuader" activities previously exempt as legal advice); and (2) establishes new §611 prohibiting employers or labor organizations from discharging or discriminating against applicants, covered employees (i.e., any employees or agents, including managers), or former covered employees for providing information on LMRDA violations to specified entities; testifying or participating in proceedings; filing proceedings; assisting such activities; or objecting to/refusing unlawful activities. Covered employees alleging violations may file complaints with the Secretary of Labor within 180 days of the violation or its discovery; the Secretary must investigate within 60 days after affording response opportunities, dismissing complaints lacking prima facie merit, and finding violations only if protected activity was a contributing factor unless the respondent proves by clear and convincing evidence the same action would have occurred absent such activity.

This section directs the National Labor Relations Board (NLRB) to implement, not later than one year after enactment, a system and procedures for conducting representation elections under section 9 of the National Labor Relations Act (NLRA) remotely using an electronic voting system, under which eligible employees may choose to vote via internet or telephone. (Representation elections determine whether employees wish to be represented by a labor organization for collective bargaining.) It further requires the NLRB to include in its annual report to Congress under NLRA section 3(c)—beginning one year after enactment—details for each representation petition processed (case name and number; days from petition to election; days from stipulation or direction of election to election; election method; results; eligible voters; participating voters; and each voter's submission method), as well as the total cost of all such elections conducted through the new system. The section defines "electronic voting system" (internet- or telephone-based remote voting, excluding polling-site machines or electronic tabulation of non-electronic ballots), "internet voting system," "telephone voting system," "remotely," and "representation election."

This section directs the Comptroller General of the United States to review collective bargaining at the sectoral level (i.e., industry-wide negotiations between employer associations and unions) in a geographically diverse set of countries where it is facilitated and to submit a report to Congress within three years of enactment. The report must (1) identify, analyze, and compare relevant laws and policies, administrative systems, and procedures; (2) to the extent practicable, assess reported effects on employee wages and compensation, full-time and part-time employment levels, prices, sales, and revenues, turnover and retention, hiring and training costs, productivity and absenteeism, and development of emerging industries (including those using technology-enabled workforces); and (3) describe the methodology used.

This section provides a severability clause, stating that if any provision of the Act, or its application to any person or circumstance, is held invalid, the remainder of the Act and the application of that provision to other persons or circumstances remain in effect.

This section provides that the amendments made by this Act do not affect the jurisdictional standards of the National Labor Relations Board (NLRB), including those measuring business size by revenues, used to determine whether an industry affects commerce for National Labor Relations Act (NLRA) coverage.

This section provides a rule of construction stating that nothing in this Act or the amendments made by this Act affects the privacy of employees with respect to voter lists provided to labor organizations by employers pursuant to elections directed by the National Labor Relations Board.

This section provides a rule of construction stating that the amendments made by this Act do not affect state definitions of "employer" or "employee" under state laws governing wages, work hours, workers' compensation, or unemployment insurance.

This section directs the Comptroller General of the United States to commence, one year after enactment, a study on the impacts of sections 101(a) and 101(b) of this Act, including (1) effects on employee coverage under the National Labor Relations Act (NLRA) and resulting capacity in various sectors to form unions and collectively bargain over wages, benefits, workplace safety, and other conditions; and (2) effects on employers and enterprises regarding employee rights to organize and bargain over such matters. The study must identify, compare, and analyze changes in (1) employee flexibility for hours, shifts, assignments, and working arrangements; (2) rates of compensation, health care, and employee benefits; (3) grievance and dispute resolution, including employer termination authority and employee due process rights; (4) use of technology or algorithms, including adoption of new technology; and (5) workplace safety and health. In preparing the report, the Comptroller General must solicit input from stakeholders such as business enterprises and labor organizations, consulting the House Committee on Education and the Workforce and the Senate Committee on Health, Education, Labor, and Pensions to develop the stakeholder list. Six months after study commencement, the Comptroller General must submit the findings to those committees and make them publicly available consistent with GAO policies. Subsequent to the report, the President—in consultation with the Department of Labor and other agencies—must consider the findings and, within 60 days, may recommend that Congress modify section 101(a), 101(b), or both, or make no recommendations. It is the sense of Congress that it consider, accept, reject, or modify any such presidential recommendations as appropriate.