S. 3116 — Fairness in Filing Act

This section revises unfair labor practice charge procedures under Section 10(b) of the National Labor Relations Act (NLRA), administered by the National Labor Relations Board (NLRB). It (1) requires charges to be filed in good faith and to include either documentation of evidence (e.g., affidavit, photo, video, email, text message, or other Board-determined evidence) from an identified source supporting the charge or a certification by the filer of inability to provide such documentation plus a description of relevant evidence; (2) requires the NLRB, before any hearing, to produce evidence for the charged party (or representative) to inspect, copy, test, or sample; and (3) establishes penalties under NLRA Section 12 of up to $5,000 for any person filing a bad faith charge or engaging in a pattern or practice of frivolous charges, including failures to satisfy the new evidence requirement. (Thus, these changes raise the evidentiary threshold for issuing complaints, enhance charged parties' pre-hearing access to evidence, and deter abusive filings.)