The U.S. House of Representatives recently voted in favor of the Faster Labor Contracts Act (“FLCA”), H.R. 5408, on a bipartisan basis. If enacted into law, the FLCA would represent one of the most significant changes to federal labor law in decades. But the vote in the House of Representatives also represents a significant change in the position of some Republicans that may mean this law—and other labor laws like it—have a much greater chance of passing than would have been the case before.

This alert summarizes this legislation, the political dynamics behind it, and some of the practical implications for employers.

Quick Points

• The FLCA would amend the NLRA to provide for compressed bargaining timelines and third-party-imposed contract terms: bargaining must commence within 10 days of a union’s post-certification request, with disputes escalating to federal mediation after 90 days and binding interest arbitration after an additional 30 days—resulting in arbitrator-set contract terms for two years with no judicial review or employee ratification.
• The FLCA represents a significant shift in the position of some Congressional Republicans—giving landmark labor legislation a much greater chance of passing.
• The average time to secure a first collective bargaining agreement (“CBA”) is currently 12 to 18 months, but that timing can stretch up to 2-3 years; the lengthy timeframe can provide employers leverage and sometimes leads employees to decertify the union before a first...

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