Fairness in Filing Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3116 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3116

To amend the National Labor Relations Act to restrict charges of unfair 
labor practices that are not filed in good faith or are frivolous, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2025

 Mr. Cassidy (for himself and Mr. Tuberville) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the National Labor Relations Act to restrict charges of unfair 
labor practices that are not filed in good faith or are frivolous, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Filing Act''.

SEC. 2. RESTRICTING UNFAIR LABOR PRACTICE CHARGES THAT ARE NOT FILED IN 
              GOOD FAITH OR ARE FRIVOLOUS.

    (a) Requirements for Filing a Charge.--Section 10(b) of the 
National Labor Relations Act (29 U.S.C. 160(b)) is amended--
            (1) by inserting ``in good faith'' after ``charged''; and
            (2) by striking ``Provided,'' and inserting ``Provided, 
        That no complaint shall issue unless the charge filed with the 
        Board includes (1) documentation of evidence (including an 
        affidavit, photo, video, email, text message, or other evidence 
        determined appropriate by the Board) from an identified source 
        supporting the charge, or (2) a certification by the person 
        filing the charge that the person is unable to include such 
        documentation and a description of the relevant evidence: 
        Provided further,''.
    (b) Right To Inspect Evidence Presented in a Complaint.--Section 
10(b) of the National Labor Relations Act (29 U.S.C. 160(b)), as 
amended by subsection (a), is further amended by inserting ``The Board 
shall, before the hearing, produce to the person, and permit the person 
or a representative of the person to inspect, copy, test, or sample, 
any evidence to be used to determine whether the person has engaged in 
or is engaging in an unfair labor practice.'' after ``in the 
complaint.''.
    (c) Penalties.--Section 12 of the National Labor Relations Act (29 
U.S.C. 162) is amended--
            (1) by striking ``Sec. 12. Any person'' and inserting the 
        following:

``SEC. 12. PENALTIES.

    ``(a) Violations for Interference With Board.--Any person''; and
            (2) by adding at the end the following:
    ``(b) Violations for Filing Bad Faith or Frivolous Charges.--Any 
person who files a charge under section 10(b) not in good faith or 
engages in a pattern or practice of filing frivolous charges under such 
section, including a pattern or practice of filing charges that do not 
satisfy the requirement for documentation of evidence or certification 
under the first proviso of such section, shall be punished by a fine of 
not more than $5,000.''.
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