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The missing piece in the Senate committee hearing on the challenges facing newly unionized workers
Earlier this month, the Republican-led U.S. Senate Committee on Health, Education, Labor, and Pensions (HELP) notably held a hearing on labor law reform that sought to both identify problems workers face when they seek to unionize and explore possible solutions.
A major focus of the hearing was Senator Josh Hawley’s (R-Mo.) Faster Labor Contracts Act—bipartisan legislation to improve the process for reaching initial collective bargaining agreements when workers first organize a union. Currently, it is a common tactic for employers to slow-walk the bargaining process because there are no penalties for doing so, and delay frustrates workers and undermines their union. Research shows that only 36% of newly organized bargaining units achieve an initial collective bargaining agreement within a year, and a third of newly organized bargaining units still do not have a first contract after three years.
The Faster Labor Contracts Act would require parties to begin bargaining promptly after a union is certified, and if bargaining fails to produce an agreement within 90 days (or longer if the parties agree), the parties would be required to engage in mediation. If mediation was not successful, an arbitration panel would be convened to hear from both parties and render a final and binding decision on the terms of an initial collective bargaining agreement. Through this process, workers would be assured of reaching an initial collective bargaining agreement—the reason they sought to organize a union—within a reasonable period of time.
Addressing the first contract problem is a vitally important part of the labor law reform discussion, but it is only one piece of the puzzle—it will not fix our outdated, failed labor law and provide a real opportunity to unionize for the millions of non-union workers who want a union. Senator Hawley’s Faster Labor Contracts Act is pulled directly from the more comprehensive Protecting the Right to Organize (PRO) Act. The PRO Act would not only provide first contract mediation and arbitration but also rein in employer interference in the election process, establish monetary penalties for violations of the National Labor Relations Act, and override state “right-to-work” laws, among other reforms.
Curiously, there was no mention in the HELP Committee hearing of how the Trump administration is already undermining what the Faster Labor Contracts Act aims to do. The legislation relies on the Federal Mediation and Conciliation Service (FMCS) to provide the mediation and arbitration services that are at the heart of the legislation. But President Trump has tried to shutter the agency and the agency has only survived because of two lawsuits against the Trump administration to stop the agency’s closure. Scores of experienced mediators have left the agency, and FMCS has eliminated many of its services and limited the number and type of mediations it will do in its diminished state. President Trump’s budget again proposes to shutter FMCS—he has proposed only enough money to close the agency down permanently in his FY 2026 budget.
Without a robust, government-supported mediation and arbitration system, the Faster Labor Contracts Act would not be able to live up to its promise. It is no answer to say that employers and unions can hire mediators and arbitrators in the private market. While there are many excellent mediators and arbitrators in the private market, the cost can often be prohibitive, with fees that often run into thousands of dollars per day of services.
Nor should the parties have to foot the bill on their own. Since 1935, our federal policy has been explicitly to “encourage[e] the practice and procedure of collective bargaining.” Congress established the FMCS in 1947 to assist employers, workers, and unions in the collective bargaining process in furtherance of this policy and to promote industrial peace. Over the years, FMCS has provided important services at no cost to the parties, including early intervention in new collective bargaining relationships and training on the collective bargaining process along with mediation and dispute resolution services. Before the Trump administration essentially shut them down, FMCS helped reach first collective bargaining agreements at the first unionized Apple Store and at the National Institutes of Health, among others. All of these services are vital to supporting the collective bargaining process and furthering our national policy in support of collective bargaining.
Of course, FMCS’s operations could be improved—that’s the case with every agency, business, and organization. And the agency has suffered from the lack of a Senate-confirmed director for years. But the bottom line remains that if we are to offer a genuine solution to the first contract problem, an independent agency to assist the parties in the collective bargaining process must be restored.
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illegal firing of Surface Transportation Board member Robert Primus on August
27th. We condemn this action and demand Primus’ immediate reinstatement.
The official reason cited - that his position is being eliminated - is utter
nonsense. The Board was established more than three decades ago as an
independent federal agency, tasked with providing regulatory oversight of the
nation’s railroads, and was designed by legislation to function with a total of
five members. Under the Interstate Commerce Commission Termination Act of
1995—the law that established the STB—Board members can only be removed
for cause: specifically, inefficiency, neglect of duty, or malfeasance in office.
Primus had an exemplary record while serving at the STB. He had been an
outspoken voice for the rights and wellbeing of shippers, passengers, and
railroad workers. Primus was known for his outspoken views, including criticism
of the Class One carriers when they failed to provide adequate customer
service to the nation’s shippers, did not live up to their commitments to
Amtrak, or disrespected railroad workers. Primus was the lone member of the
STB to vote NO on the most recent Class One rail merger, the 2023
amalgamation of the Canadian Pacific and the Kansas City Southern.
It is obvious to railroad workers what is going on here. Powerful corporate
interests are at work undermining the government institutions that were set up
to regulate and oversee the actions of those same powerful interests. It is no
coincidence that the STB will soon be hearing the case of the proposed
mega-merger of the Union Pacific and the Norfolk Southern. The STB has the
final word as to whether or not this merger is allowed to proceed, based upon
its weighing of the evidence if such a merger is in the interests of shippers,
passengers, workers, industry, the nation’s economy, and the rail industry itself.
In the interest of the law, the integrity of our government institutions, and the
ability of the STB to function and to make informed decisions affecting the rail
industry in the coming years, we demand that Robert Primus be reinstated.
Statement adopted by the RWU Steering Committee 9/3/2025
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Department of Labor / August 6th
A federal whistleblower investigation found that Union Pacific Railroad Co. violated the Federal Railroad Safety Act by terminating a railroad engineer after the employee reported and sought medical care for a work-related injury.
The department’s Occupational Safety and Health Administration has ordered Union Pacific to reinstate the employee, and pay back wages, interest, compensatory and punitive damages, and attorney’s fees, totaling over $300,000.
OSHA’s Whistleblower Protection Program enforces 25 whistleblower statutes that protect employees from retaliation for reporting violations of various workplace safety and health, airline, anti-money laundering, commercial motor carrier, consumer product, criminal antitrust, environmental, financial reform, food safety, health insurance reform, maritime, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, safety and health, securities, and tax laws.
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Average CEO Pay is Growing and Fueling Economic Inequality
In 2024, CEO pay at S&P 500 companies increased 7% from the previous year—to an average of $18.9 million in total compensation.
The average CEO-to-worker pay ratio was 285-to-1 for S&P 500 Index companies in 2024. The median employee would have had to start working in 1740 to earn what the average CEO received in 2024.
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