S. 3116: Fairness in Filing Act

The Fairness in Filing Act aims to amend the National Labor Relations Act to introduce new requirements for filing charges of unfair labor practices. The key provisions of this bill include the following:

Requirements for Filing a Charge

The bill modifies Section 10(b) of the National Labor Relations Act to include two main changes:

• Charges of unfair labor practices must be filed in good faith, meaning they should not be frivolous or made without proper intention.
• All complaints submitted to the Board must include:
  • Documentation supporting the charge, such as evidence from an identified source (like an affidavit, photo, video, email, or text message), or
  • A certification from the person filing the charge, stating that they are unable to provide such documentation along with a description of the relevant evidence.

Right to Inspect Evidence

The bill stipulates that the National Labor Relations Board (NLRB) must allow individuals accused of engaging in unfair labor practices to:

• Inspect, copy, and test any evidence presented in the complaint before a hearing.

Penalties for Filing Frivolous Charges

The bill introduces new penalties for individuals who file charges that are not in good faith or that are considered frivolous. Changes to Section 12 of the National Labor Relations Act include:

• Imposing a fine of up to $5,000 for those who repetitively file charges that do not meet documentation requirements or who demonstrate a pattern of filing frivolous charges.

Overview of Impacts

The overall intent of the Fairness in Filing Act is to ensure that charges of unfair labor practices are taken seriously and that they are substantiated by proper evidence. This legislative proposal seeks to discourage non-substantive claims that could burden the legal and labor systems.

Relevant Companies

None found