10/9 Update: The HELP Committee endorsed James Murphy and Crystal Carey, nominees for the National Labor Relations Board and general counsel. The nomination for Scott Mayer, chief labor counsel at the Boeing Company, was pulled from the vote for the time being.
Recent headlines paint a rosy picture of rising union victories at companies like Amazon, Starbucks, and Volkswagen. However, a recent Senate HELP Committee hearing presented a more sobering reality: for many workers, winning a union vote is only the beginning of a much longer, more complex battle, one that unfolds between corporate boardrooms, government agencies, and legislative gridlock.
This hearing brought together union leaders, frontline workers, policy analysts, and former NLRB officials. The result? A rare, unfiltered look at how America’s labor law system really functions and where it’s failing.
Winning the Election Isn’t the Finish Line
Volkswagen autoworker Steve Cochran told senators his coworkers voted 3-to-1 to join the UAW nearly 18 months ago. Yet, they still don’t have a contract.
“We are still waiting for a proposal that affords us our fair share,” he said. “We’re living with health care that forces people into bankruptcy.”
Teamsters President Sean O’Brien backed him up with the data: nearly half of new unions fail to secure a contract in their first year, and a third still don’t have one after two.
For HR and ER pros, the takeaway is blunt: the end of an election is just the start of your labor relations challenge. Managing expectations, maintaining open communication, and ensuring operational consistency are crucial during this transitional period.
The NLRB: Out of Money, Out of Time
Former NLRB General Counsel Jennifer Abruzzo pulled no punches:
“Corporations can afford to drag out government processes; workers cannot.”
She testified that the NLRB is chronically underfunded and understaffed, and has been operating for months without a quorum, resulting in cases languishing. Without enforcement, she argued that employers can violate labor law with near impunity.
For managers, this means don’t expect quick answers from Washington. The enforcement vacuum increases pressure on company leaders to self-police their actions and maintain credibility with employees. Even the appearance of retaliation can carry significant reputational costs in today’s social media-driven climate.
The “Faster Labor Contracts Act”: Help or Hurdle?
Lawmakers from both parties are pushing the Faster Labor Contracts Act, designed to fast-track first contracts through strict timelines and binding arbitration if no deal is reached within 120 days.
Supporters say it would end the post-election stalemate that leaves workers in limbo. Critics, like Rachel Greszler of the Heritage Foundation, warn that it could strip workers of their right to vote on contracts, slow the process through arbitration, and reduce the economic leverage of strikes.
Translation: even fixes come with fine print. “Speed” and “fairness” rarely travel together in labor law.
The Strange New Labor Alliances
A growing alliance between organized labor and conservative Republicans, such as Senator Josh Hawley.
Teamsters’ O’Brien called it a “realignment,” one that’s moving away from partisan showmanship toward pragmatic, single-issue reform. Bipartisan bills, such as the Faster Labor Contracts Act, reflect this new dynamic, uniting unlikely bedfellows from Hawley to Democratic Representative Donald Norcross.
For HR leaders, this could signal a new legislative era where traditional party lines on labor are blurring, and “pro-worker” doesn’t necessarily mean “pro-union.”
“The System Works,” Says Former NLRB Chair
Former NLRB Chair Marvin Kaplan offered a reality check.
He argued that the current system isn’t broken. It’s just deliberate.
“Good faith bargaining over complex issues takes time,” Kaplan said. “Bad facts make bad law.”
He cited data showing 70% of new unions reach an agreement within three years. To him, patience is not dysfunction; it’s a process.
But for workers like Cochran, now more than 540 days into a waiting game, that patience appears to be a system stuck on pause.
Why This Matters for HR and ER Professionals
The hearing underscored a truth that labor pros already know:
Labor law is as much about timing and perception as it is about rules.
- Post-election fatigue is real. Maintain open communication to avoid losing trust.
- Agency gridlock shifts responsibility for fairness and transparency to your internal culture.
- Legislative changes could come faster or stranger than expected as new coalitions form.
- Union frustration with delays means the next wave of organizing will likely be more aggressive and better coordinated
