119-S-3116 Journalist Public Summary

Document 119-S-3116: Public Summary

Headline Summary: A Republican-led proposal would tighten filing rules for NLRB unfair‑labor‑practice cases by requiring evidence or a certification, mandating pre‑hearing evidence sharing, and enabling fines for bad‑faith or frivolous charges. [1]Congress.gov — Text of S.3116 (Fairness in Filing Act), Introduced in Senate (1…

What It Does: The bill amends the National Labor Relations Act to (1) require that a charge be filed “in good faith” and include supporting documentation or a certification explaining why documents can’t be attached; (2) direct the NLRB to produce and allow inspection of evidence it will use before a hearing; and (3) add a penalty of up to $5,000 for filing bad‑faith or frivolous charges, by adding a new subsection to NLRA Section 12 (the statute’s penalties section). [1]Congress.gov — Text of S.3116 (Fairness in Filing Act), Introduced in Senate (1…[3]NLRB — National Labor Relations Act – Section 12 (Offenses and penalties)

• Who’s For It: Sponsor Sen. Bill Cassidy (R‑LA); original cosponsor Sen. Tommy Tuberville (R‑AL). [4]Congress.gov — S.3116 Text page (snippet shows Cassidy introducing for himself…
• Supporters say the goal is to deter frivolous filings and add transparency for the accused by requiring evidence and pre‑hearing disclosure.

• Who’s Against It: Opponents are likely to argue that new penalties and documentation rules could chill legitimate complaints by workers and small unions.
• Some may also question how the required pre‑hearing disclosure meshes with the NLRB’s current practice of keeping investigatory records in open cases non‑public. [5]NLRB — NLRB FOIA Reference Guide (confidentiality of investigatory records in o…

What’s Next: The bill was introduced on November 6, 2025 and referred to the Senate Health, Education, Labor, and Pensions (HELP) Committee; it is at the “Introduced” stage. Next steps could include a committee hearing and vote, Senate floor debate, or no further action. [2]Congress.gov — S.3116 — Fairness in Filing Act: Overview, sponsor, status, comm…