NLRB Ex-Chair Marvin Kaplan on Expediting Worker Contracts and Arbitration

Key Issue: Expediting Worker Contracts

• 📌 The PRO Act and Faster Labor Contracts Act identify the time to first contract as a key issue in labor relations.
• 🎯 These bills propose mandating mediation and arbitration through the Federal Mediation and Conciliation Service (FMCS) to address this.

Rationale for Current NLRA Structure

• 🧠 The National Labor Relations Act (NLRA) currently relies on voluntary agreements between unions and employers.
• 🤝 This structure is inherent because employees choose their representatives, and employers determine their terms based on their business knowledge.

Concerns with Mandated Arbitration

• ⚠️ Former NLRB Chairman Marvin Kaplan expressed concerns about the FMCS's capacity to handle increased demands.
• ⚖️ He raised serious questions about the constitutionality of government determining collective bargaining agreement terms, citing potential violations of the takings clause and freedom of speech.
• 🧐 Kaplan emphasized the need for caution when implementing measures that could raise constitutional or legal concerns.

Contract Review and Rejection

• 🚫 The transcript indicates that there is no mechanism under the FLCA for workers to review or reject a contract they do not want.