New Labor Bill Threatens $5,000 Fine for Workers Filing Unfair Labor Charges Without Immediate Documentation

This bill, titled the “Fairness in Filing Act,” aims to tighten the requirements for filing Unfair Labor Practice (ULP) charges with the National Labor Relations Board (NLRB). Essentially, it amends the National Labor Relations Act (NLRA) to require that any ULP charge filed must be done in “good faith” and must include either documentation of evidence from an identified source or a certification describing the evidence if documentation isn't available. Crucially, the bill introduces a financial penalty of up to $5,000 for any person who files a charge that doesn't meet this standard or who engages in a pattern of filing “frivolous” charges. It also mandates that the NLRB must share all evidence it plans to use against a charged party before the hearing, allowing the charged party to inspect and copy it.

The New Paperwork Hurdle

For most people, filing a ULP charge—say, if you were fired for trying to organize a union or unfairly disciplined—is already a stressful process. Right now, the NLRB often helps workers who might not have lawyers gather the necessary information. This bill fundamentally changes that initial process. By requiring “documentation of evidence” right out of the gate, the bill raises the bar significantly. Think about a retail worker who suspects they were disciplined unfairly. They might have a text message or a brief email, but the real proof—like internal HR memos or surveillance footage—is controlled entirely by their employer. If they can’t immediately provide that formal documentation, they are now relying on the vague “certification” option, and they are doing so under the threat of a potential $5,000 fine.

What Does “Frivolous” Mean, and Who Decides?

This is where things get tricky. The bill uses terms like “good faith” and “frivolous” to justify the new $5,000 penalty, but it doesn't clearly define them. This medium level of vagueness is a big deal because it grants significant discretion to the NLRB agents who first review the charges. A charge might be legitimate, but if the worker is unrepresented and doesn't present the evidence perfectly, an agent could deem it “frivolous” and trigger that financial penalty. For workers or representatives, particularly those living paycheck to paycheck, the risk of a $5,000 fine for a charge that doesn't pass muster could act as a massive deterrent, essentially chilling the exercise of their rights under the NLRA before they even get started.

Early Evidence Disclosure: A Strategic Advantage

The bill also includes a provision requiring the NLRB to provide all evidence it plans to use against a charged party (usually the employer) before the hearing. While this sounds like fair due process, in practice, it gives the charged party an early look at the Board's entire case. This allows them to inspect, copy, test, or sample the evidence well in advance, potentially giving them a significant strategic advantage in preparing their defense or, in worst-case scenarios, potentially allowing them to tailor their story or influence witnesses before the formal proceedings begin. This early disclosure shifts the balance of power in the investigation process.