A couple of developments coming out of Washington, D.C. over the past few weeks (unrelated to the Reflecting Pool) that deserve every employers' attention.
Faster Labor Contracts Act
On June 9, 2026, the House of Representatives passed the Faster Labor Contracts Act (H.R. 5408) ("FLCA") by a vote of 230-193. The bill received support from every Democratic Representative and twenty Republican Representatives.
The FLCA is a piece of labor law legislation based on the argument advanced by organized labor that employers frequently delay first-contract negotiations until employee support for the union diminishes. Although first-contract negotiations often take well over a year to complete, there is little empirical evidence demonstrating that employers intentionally prolong negotiations for that purpose.
If enacted, the legislation would dramatically accelerate the first-contract bargaining process and, in many cases, subject unresolved disputes to binding interest arbitration within approximately six months of certification or voluntary recognition.
The FLCA now awaits consideration in the Senate. Republicans currently hold 53 Senate seats, while Democrats hold 45 seats and the two remaining Independent Senators generally caucus with Democrats. Because the bill will likely require 60 votes to overcome a filibuster and invoke cloture, its fate may depend on whether supporters can secure at least seven additional Republican votes.
Republican Senators Josh Hawley (MO), Bernie Moreno (OH), and Roger Marshall (KS) have publicly expressed support for the legislation and co-sponsored the Senate version of the bill. Whether additional Republican Senators will join them in supporting the FLCA remains unclear. It is also uncertain whether President Trump would ultimately sign the bill, if the Senate approves it.
As currently drafted, the FLCA would:
- Require Employers to commence bargaining within ten (10) calendar days after certification or recognition of a union if the union requests negotiations.
- Impose a ninety (90) day bargaining period to negotiate and reach an initial collective bargaining agreement.
- Require mediation if the parties fail to reach a first contract within ninety (90) days. Either side will be able to request mediation through the Federal Mediation and Conciliation Service, after which the parties would have thirty (30) days to attempt to resolve the dispute.
- Require binding interest arbitration if mediation is unsuccessful. Under this process, unresolved contract terms would be submitted to binding arbitration giving an arbitrator the power to impose the terms of a collective bargaining agreement that would remain in effect for two years.
The FLCA represents one of the most significant amendments to federal labor law in decades. If successful, it will be a major victory for organized labor. It would substantially increase government involvement in the collective bargaining process and give unions significant leverage when bargaining for initial collective bargaining agreements. Many commentators, including me, believe the legislation will significantly encourage additional union organizing efforts by ensuring that newly organized bargaining units obtain a first contract within a relatively short period of time.
We will continue to monitor the bill's progress and provide updates as it moves through the Senate.
Third Republican NLRB Member Moves Closer to Confirmation
Currently, only three of the National Labor Relations Board's five seats are filled.
Earlier this year, at the ABA’s Development of Labor Law Under the NLRA Conference, the Board indicated that it did not intend to overturn major Biden-era precedents without a three-member Republican majority. That announcement disappointed many employers hoping for a rapid rollback of several highly union-friendly decisions issued during the Biden Administration. With two Republican members and Democratic Member David Prouty comprising the Board, and the Board signaling that no precedential changes will be issued with a two vote majority, significant doctrinal changes remain unlikely.
This may be about to change. On April 13, 2026, President Trump nominated James Macy, a Wisconsin-based management-side labor attorney, to fill the seat formerly held by Marvin Kaplan, whose term expired in 2025. If confirmed, Macy would serve a term through August 2030 and provide Republicans with a 3-1 working majority on the Board.
The Senate Health, Education, Labor and Pensions Committee held a confirmation hearing on Macy's nomination on June 10. The Committee is currently scheduled to consider his nomination on June 24. Assuming the Committee approves the nomination—which appears likely—we expect Macy to be confirmed by the full Senate.
Macy's confirmation is particularly significant because the addition of a third Republican vote would likely cause the Board to reconsider several major Biden-era decisions in the months following his confirmation, including those involving bargaining orders, workplace rules, election procedures, captive-audience meetings, and expanded remedies.
There is a strong possibility that Macy's confirmation will move forward later this summer in conjunction with the renomination of Board Member David Prouty, whose current term expires in August.
We will continue to keep you informed as the nomination process progresses.
