H.R. 5408: Faster Labor Contracts Act

Introduced Sep 16, 2025110 cosponsors

Sponsor

Donald Norcross

Donald Norcross

Democrat · NJ-1

Winning a union vote should come with a contract deadline

4 min readLast updated September 21, 2026

Why it matters

The bill's findings cite a 2021 Bloomberg Law study putting the average gap between a successful union vote and a first contract at 465 days. H.R. 5408 caps open-ended talks: bargaining starts within 10 days, mediation is available after 90, and a deal still missing 30 days later goes to an arbitration panel that can set the contract itself.

Federal labor law already requires employers and unions to bargain in good faith. It sets no deadline for reaching a first contract, and the bill's findings cite a 465-day average wait. The findings also argue that these delays mainly benefit employers opposed to the union, who can use the time to wear down support.

H.R. 5408 builds a sequence of deadlines. Once a newly certified or recognized union sends a written request, both sides must meet and begin bargaining within 10 days. After 90 days with no agreement, either side can bring in the Federal Mediation and Conciliation Service. If mediation fails within 30 days, the dispute goes to binding arbitration, and the panel's decision becomes your contract for 2 years.

The panel has three members: one chosen by the union, one by the employer, and a neutral third both sides agree on. Each side has 14 days to pick; the mediation service fills any seat left empty. The panel must weigh the employer's finances and size, workers' cost of living, whether the pay supports a family, and what similar employers pay.

Two protections apply while talks drag on. Current wages, hours, and working conditions stay frozen until there is a deal. And the employer's duty to bargain continues unless workers vote the union out in a decertification election. Every deadline can be stretched if both sides agree to more time.

Bill Progress

IntroducedSep 16
Committee 
Pass HouseJun 9
Pass Senate 
Signed 
Law 

Latest Action · Jun 10, 2026

1/4

Passed the House, received in Senate

H.R. 5408 Bill Summary

What H.R. 5408 actually does.

1

Bargaining has to start within 10 days

After a newly certified or recognized union sends a written request, the employer and union must meet and begin bargaining within 10 days, unless both agree to a different schedule. Both sides must make every reasonable effort to reach and sign an agreement.

2

Your pay and hours are frozen during talks

The employer must keep current wages, hours, and terms of employment in place until a first contract is reached.

3

Stalled talks get a mediator after 90 days

If there is no agreement 90 days after bargaining begins, either side can ask the Federal Mediation and Conciliation Service to step in. The Service must promptly contact both parties and try to broker a deal.

4

A neutral panel decides if mediation fails

If mediation produces no agreement within 30 days, the Service refers the dispute to a three-member arbitration panel: one chosen by the union, one by the employer, and a neutral member both agree on. Seats not filled within 14 days are appointed by the Service.

5

The panel's decision binds both sides for 2 years

A majority decision of the panel settles the contract and binds both parties for 2 years unless they agree in writing to change it. The panel must consider the employer's finances, business size and type, workers' cost of living, whether wages and benefits support workers' families, and what comparable employers pay.

6

The duty to bargain continues until decertification

The employer's obligation to bargain with the union stays in force unless employees vote to remove the union in a decertification election.

7

GAO measures how long first contracts take

Within 1 year of enactment, the Government Accountability Office must report to Congress on the average number of days between union certification or recognition and a first contract.

Who benefits from H.R. 5408?

Workers who just won a union election

Instead of waiting an average of 465 days, as the bill's findings cite, you would have a defined path to a contract: arbitration can be triggered roughly 130 days after bargaining is requested if no deal is reached.

Workers worried about changes mid-negotiation

Your wages, hours, and working conditions stay where they are until a first contract is in place.

Newly formed unions

They gain a guaranteed endpoint to first-contract talks, and an employer's duty to bargain cannot lapse without a decertification vote by the workers.

Lawmakers and researchers studying labor law

The GAO report would provide the first federal measure of how long first contracts actually take once the new deadlines are in effect.

Who is affected by H.R. 5408?

Employers with newly unionized workforces

They must begin bargaining within 10 days of a request, hold current wages and terms steady during talks, and could be bound for 2 years by contract terms set by an arbitration panel rather than agreed at the table.

Unions entering first-contract talks

They are also bound by the arbitration outcome, which could set terms below what they asked for, and must pick their panel member within 14 days or have one appointed.

Federal Mediation and Conciliation Service

The agency takes on new mediation requests, writes the rules for arbitration panels, refers unresolved cases, and appoints panel members when either side misses the deadline.

Arbitrators

They would decide first-contract terms using five factors listed in the bill, from the employer's financial prospects to local cost of living and industry pay.

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On the Record

What Congress Is Saying

18 legislators have weighed in on H.R. 5408 — 9 Democrats, 9 Republicans.

Mr. Speaker, I rise in support of H.R. 5408, the Faster Labor Contracts Act, which ensures that workers can quickly and efficiently reach a first contract between a union and their employer. It is also one of the many important provisions of the Protecting the Right to Organize Act, or the PRO Act, which critically bolsters working people's ability to organize and form a union while holding union-busting employers accountable. This bill would amend the National Labor Relations Act to require employers to begin negotiations with a newly certified union within 10 days.
Robert C. "Bobby" Scott
Robert C. "Bobby" Scott(DVA)
··House

H.R. 5408 also appeared in 1 more House floor reference and 15 routine cosponsor filings.

HR5408 Legislative Journey

3 actions

Sent to Senate

Jun 10, 2026

Received in the Senate.

House: Passed 230-193

Jun 9, 2026

230-193

On passage Passed by the Yeas and Nays: 230 - 193 (Roll no. 216). (text: CR H4029-4030)

+5 more actions this day

House: Committee Action

Sep 16, 2025

Referred to the House Committee on Education and Workforce.

About the Sponsor

Donald Norcross

Donald Norcross

Democrat, New Jersey's 1st congressional district · 12 years in Congress

Committees: Armed Services, Education and Workforce

View full profile →

Cosponsors (110)

No new cosponsors in 104 days — momentum stalled

This bill has 110 cosponsors: 93 Democrats, 17 Republicans, reflecting bipartisan support. Cosponsors represent 34 states: Arizona, California, Colorado, and 31 more.

93Democrats17Republicans·34 statesBipartisan

Cosponsor Coverage Map

Committee Sponsors

Education and Workforce Committee

16D20R1I
|10 signed27 not yet

10 of 37 committee members cosponsored

7 Democrats across this committee haven't cosponsored yet. Mobilize their constituents

H.R. 5408 Quick Facts

Cosponsors
110
Pete Stauber
Christopher Deluzio
Brian Fitzpatrick
Nikki Budzinski
Nicole Malliotakis
+105 more
Committee
Education and Workforce
Chamber
House
Policy
Labor and Employment
Introduced
Sep 16, 2025

Passed the House, received in Senate

Jun 10, 2026

Constituent Resources

Get notified when this bill moves

Official Sources

H.R. 5408 on Congress.gov

Official bill text, cosponsors, and the record of the House vote and Senate receipt for the Faster Labor Contracts Act.

S. 844, the Senate Faster Labor Contracts Act

The Senate version of the same bill, which tracks where the first-contract deadlines stand in the Senate.

29 U.S.C. 158: Duty to Bargain Collectively

H.R. 5408 amends section 8(d) of the National Labor Relations Act, the current good-faith bargaining duty, to add the first-contract deadlines.

29 U.S.C. 159: Union Representation and Elections

The bill applies to unions certified or recognized under section 9(a) of the NLRA, and ties the lasting duty to bargain to the decertification process in the same section.

FMCS Collective Bargaining Mediation

The Federal Mediation and Conciliation Service would mediate first-contract talks that stall after 90 days.

FMCS Arbitration Services

FMCS would refer unresolved first-contract disputes to a three-member arbitration panel and appoint members when a side misses the 14-day deadline.

NLRB: Collective Bargaining Rights

The National Labor Relations Board explains the existing good-faith bargaining duty that the bill puts on a timeline.

NLRB: Decertification Elections

Under the bill, an employer must keep bargaining unless workers remove the union through this NLRB election process.

H.R. 5408 Common Questions

How long does it take to get a first union contract?

The bill's findings cite a 2021 Bloomberg Law study that found an average of 465 days between a successful union vote and a first contract. Current federal law sets no deadline for reaching one.

How soon would bargaining have to start under H.R. 5408?

Within 10 days of the union's written request, unless both sides agree to a different schedule.

What happens if there is still no contract after 90 days?

Either side can call in the Federal Mediation and Conciliation Service. If mediation does not produce a deal within 30 days, the dispute goes to a three-member arbitration panel.

Can an arbitrator impose a union contract under H.R. 5408?

Yes. A majority of the panel issues a binding decision that sets the first contract for 2 years, unless both sides agree in writing to change it.

How would arbitrators decide wages and benefits?

The bill lists five factors: the employer's finances, the size and type of business, workers' cost of living, whether the pay supports their families, and what similar employers pay.

Can my employer cut pay or change hours while the contract is negotiated?

No. The employer must keep current wages, hours, and working conditions in place until a first contract is reached.

Can an employer stop bargaining with a new union?

Not under H.R. 5408. The duty to bargain continues unless workers vote to remove the union in a decertification election.

Has H.R. 5408 passed?

It passed the House 230-193 on June 9, 2026, and was received in the Senate on June 10. It needs Senate passage and the President's signature to become law.

Based on H.R. 5408 bill text

H.R. 5408 Bill Text

PDF

To accelerate workplace time-to-contract under the National Labor Relations Act.

Source: U.S. Government Publishing Office

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