Richard L. Trumka Protecting the Right to Organize Act of 2025

This bill amends the National Labor Relations Act, the Labor Management Relations Act of 1947, and the Labor-Management Reporting and Disclosure Act of 1959 to strengthen protections for workers organizing unions and bargaining collectively. It expands the definition of joint employer, redefines employee and supervisor, adds new unfair labor practices, changes election procedures, increases penalties for violations, and permits fair share agreements.

Sec. 101, Definitions: Expands joint employer definition to include any person that codetermines or shares control over essential terms and conditions of employment, considering direct, indirect, reserved, or in-fact control. Redefines employee to exclude independent contractor status unless the individual is free from control, performs work outside the employer's usual business, and is independently established. Limits supervisor definition to those who exercise authority for a majority of worktime and removes assigning and responsibly directing from supervisory duties.

Sec. 102, Reports: Requires the National Labor Relations Board to continue issuing detailed annual reports starting January 1, 2027, including case lists where ethics officials advised on recusal or determined recusal.

Sec. 103, Appointment: Removes the phrase "or for economic analysis" from the Board's appointment provisions.

Sec. 104, Unfair labor practices: Makes it an unfair labor practice for employers to permanently replace strikers, discriminate against returning strikers, lock out employees before a strike, or misclassify employees as independent contractors. Requires employers to maintain current wages and conditions pending a first contract and to bargain within 10 days of a request after certification.

Sec. 105, Representatives and elections: Requires the Board to find a proposed bargaining unit appropriate if employees share a community of interest and outsiders do not share an overwhelming community of interest. Allows elections by mail, electronic, or off-site methods at the union's request. Denies employers standing in representation proceedings. Requires the Board to certify a union and issue a bargaining order if it wins a majority, without needing an unfair labor practice finding.

Sec. 106, Damages for unfair labor practices: Requires the Board to award back pay without reduction for interim earnings, front pay, consequential damages, and double liquidated damages for discriminatory discharge or serious economic harm. Prohibits denying relief based on an employee's immigration status.

Sec. 107, Enforcing compliance with orders: Makes Board orders effective immediately upon issuance. Imposes civil penalties up to $10,000 per violation for disobeying orders, with each day a separate offense. Requires courts to enforce orders by injunction after notice and hearing.

Sec. 108, Injunctions against unfair labor practices: Requires the Board to seek immediate injunctions in cases involving discharge or serious economic harm, and courts must grant relief unless there is no reasonable likelihood of Board success. Repeals subsections (k) and (l) of the Act.

Sec. 109, Penalties: Imposes civil penalties up to $50,000 per unfair labor practice violation, doubled to $100,000 for repeat violations involving discharge or serious harm. Allows penalties against directors or officers who directed or knew of violations. Creates a private right of action for injured persons 60 days after filing a charge, if the Board hasn't acted.

Sec. 110, Limitations on the right to strike: Provides that the duration, scope, frequency, or intermittence of strikes shall not make them unprotected or prohibited.

Sec. 111, Fair share agreements permitted: Allows collective bargaining agreements requiring all employees in a bargaining unit to contribute fees to a labor organization for representation costs, overriding any state or territorial law.

Sec. 201, Conforming amendments: Updates cross-references in the Labor Management Relations Act, 1947, and repeals section 303.

Sec. 202, Amendments to the LMRDA: Requires reporting of arrangements where a party agrees to plan employee meetings, train supervisors, coordinate activities, establish committees, identify employees for discipline, or draft employer communications.

Sec. 301, Severability: If any provision is held invalid, the rest of the Act remains unaffected.

Sec. 302, Authorization of appropriations: Authorizes such sums as necessary to carry out the Act.