
Under the legislation, newly certified unions and employers would have just 90 days to negotiate an initial contract. If an agreement is not reached, the process would move to federal mediation and, shortly thereafter, to binding arbitration, with an arbitrated contract imposed for a fixed period. This framework risks replacing voluntary agreement with government-directed outcomes, representing a fundamental shift in how labor contracts are established across industries. We are concerned that mandated contracts, without regard to organizational financial constraints or local workforce dynamics, could impact care delivery, workforce stability, and the ability to respond to evolving resident needs.
The Coalition for a Democratic Workplace (CDW), of which Argentum is a member, sent a letter urging lawmakers to reject the FLCA, arguing that it would “empower the federal government to dictate the terms of contracts between unions and companies” and undermine the voluntary bargaining process. The coalition further outlined in a white paper concerns that the legislation could negatively impact workers, employers, and the broader economy. CDW has argued that the arbitration provisions would grant federal panels sweeping authority to determine wages, benefits, and working conditions, even in the absence of industry-specific expertise or consideration of an employer’s ability to pay. Additionally, workers could be excluded from ratifying contracts imposed through this process.