Richard L. Trumka Protecting the Right to Organize Act of 2025
The Richard L. Trumka Protecting the Right to Organize Act of 2025 would broadly reshape federal labor law by expanding who is covered as an employee and who can be considered an employer, tightening and expediting the process for union representation and bargaining, and dramatically increasing remedies and enforcement for unfair labor practices. The bill would redefine joint employment, redefine who is considered an employee (tightening or standardizing the independent-contractor test), and adjust the scope of supervisory roles. It also adds new requirements for employer communications and transparency (such as postings and voter lists), creates a fast-track, government-mediated and then binding-arbitration process for initial bargaining agreements, and strengthens penalties, back pay, front pay, and other damages for violations. Additionally, it expands whistleblower protections under the Labor-Management Reporting and Disclosure Act (LMRDA) and makes conforming amendments to related labor laws, while authorizing electronic voting in union elections and mandating various regulatory implementations. In short, the bill aims to strengthen organizing rights and protections for workers, while increasing employer duties, oversight, and potential penalties. It would affect many employers, unions, and workers nationwide through expanded coverage, a new bargaining framework, stronger enforcement, and new disclosure and whistleblower protections.
Key Points
- 1Expanded coverage and definitions of employers, employees, and supervisors
- 2- Joint employer: two or more persons can be treated as employers if each codetermines or shares control over essential terms and conditions of employment, including both direct and indirect control and reserved authority.
- 3- Employee: generally treats service workers as employees unless they meet a three-part independence test (free from control, performance outside usual course of business, independently established trade/profession).
- 4- Supervisor: clarifies and tightens the role by adjusting the definition and duties related to directing employees.
- 5Reforms to elections, representation, and bargaining (a fast-track initial bargaining process)
- 6- The act would remove employer standing in representation proceedings and allow elections to be conducted by mail, electronically, at the work location, or at other locations.
- 7- For new bargaining relationships, there would be a tight timeline: meet and begin collective bargaining within 10 days of a request; attempt to reach an agreement within 90 days; if no agreement, mediation by FMCS; if mediation fails within a set period, a tripartite arbitration panel would issue a binding decision within 120 days (the panel’s factors include the employer’s finances, operation size, and wages/benefits in the industry). The decision would bind the parties for 2 years.
- 8- Pre-election and post-election procedures would be tightened, including specific scheduling and posting requirements, and safeguards to ensure fair elections.
- 9Stronger remedies, penalties, and enforcement
- 10- Damages: back pay with no reductions, front pay when appropriate, full compensation for direct/foreseeable harms, and liquidated damages equal to double the award; in certain cases, punitive damages may be available.
- 11- Penalties: civil penalties for violations of the act, with caps (e.g., up to $50,000 per violation; higher penalties up to $100,000 for certain serious harms with prior violations). Directors or officers can also be held liable.
- 12- Enforcement: orders of the National Labor Relations Board (NLRB) would be self-enforcing unless directed otherwise; courts could issue injunctions to enforce compliance; broader authority for penalties and attorney’s fees in civil actions by affected workers.
- 13Notices, voter lists, and electronic voting
- 14- Employers would be required to post and maintain notices about rights and protections in conspicuous places (including electronic postings), and to inform new employees of the notice contents (in their language).
- 15- When elections are directed, employers would provide a voter list to the labor organization containing names, addresses, locations, shifts, job classifications, and contact information (including emails/phone numbers if available), in an electronic format. Regulations to implement this must be issued within a specified timeframe.
- 16- Electronic voting is explicitly permitted and regulated as an option for union elections.
- 17Prohibited and restricted practices related to organizing
- 18- Prohibits employers from promising, threatening, or taking actions to penalize a worker who participates in strikes, discriminates against workers for union activity, or engages in other coercive actions around bargaining.
- 19- Prohibits coercive pre-dispute agreements or actions intended to deter workers from pursuing joint or class claims, with certain exceptions.
- 20Whistleblower protections under LMRDA and related amendments
- 21- Adds a whistleblower protections section (Sec. 611) to LMRDA, shielding applicants, current and former employees and agents from retaliation for providing information, testifying, or participating in enforcement or activities related to labor law.
- 22- Establishes procedures and time limits for filing complaints with the Secretary of Labor, including a 180-day filing window.
- 23Related conformity and regulatory provisions
- 24- Title II includes conforming amendments to the Labor Management Relations Act (LMRA) and related provisions.
- 25- Title II also updates LMRDA rules and adds whistleblower protections, expanding oversight and enforcement reach.
- 26- Title III contemplates electronic voting and directs GAO studies on sectoral bargaining, as well as severability and appropriations for implementation.