The sweeping labor law overhaul proposed Wednesday by leading Democrats is a nonstarter in today's Republican-controlled Congress but could lay the groundwork for future changes to the country's long-static union policy if the party regains control of Congress and the White House, experts told Law360.

The bill, which is part of the progressive "A Better Deal" platform Democrats announced last year, consists of about a dozen provisions, any one of which would be as significant a change to the National Labor Relations Act as there's been since the Taft-Hartley Act of 1947.

The bill would let workers and unions take businesses to court rather than making them report violations to the National Labor Relations Board, nullify provisions in employment contracts that prevent workers from pursuing class action suits against their employers, and block states from passing so-called "right to work" laws, which let workers represented by unions opt out of paying dues.

"This is [the Employee Free Choice Act] on steroids," said Ballard Spahr Partner Steven Suflas. "Obviously, it has no chance …this goes far beyond even prior attempts to revise the National Labor Relations Act."

Read the full article here. Subscription may be required.


Related Practice