119-S-3115 Journalist Public Summary

Public Summary: S. 3115 — NLRB Stability Act

Headline Summary: This bill would require the National Labor Relations Board (NLRB) to follow the law of the federal appeals court that governs where a labor dispute happened and would limit where NLRB cases can be appealed—an attempt to reduce agency “nonacquiescence” and circuit shopping. [1]Congress.gov / Library of Congress — Congressional Record entry noting introduc…[2]LII / Cornell Law School — 29 U.S.C. § 160 (NLRA §10) — current judicial review…[3]Congressional Research Service (Congress.gov) — CRS Legal Sidebar: Agency Nonac…

What It Does: In plain terms, S. 3115 says two things. First, when the NLRB issues an order in a case, that order may not conflict with the controlling decision of the court of appeals for the circuit where the alleged unfair labor practice occurred. Second, it tightens the court venues for NLRB cases so challenges generally go to that same circuit (with a Board option to go to the D.C. Circuit for enforcement), rather than letting parties pick among multiple circuits as current law allows. [1]Congress.gov / Library of Congress — Congressional Record entry noting introduc…[2]LII / Cornell Law School — 29 U.S.C. § 160 (NLRA §10) — current judicial review…

• Who’s For It: Sponsored by Sens. Bill Cassidy (R‑LA) and Tommy Tuberville (R‑AL). Supporters say aligning NLRB orders with the local circuit’s law and narrowing venue choices would bring more predictability and reduce forum shopping. [1]Congress.gov / Library of Congress — Congressional Record entry noting introduc…[3]Congressional Research Service (Congress.gov) — CRS Legal Sidebar: Agency Nonac…

• Who’s Against It: No formal opposition specific to S. 3115 was identified at introduction. But critics of similar ideas have argued that forcing agencies to mirror each circuit’s precedent can lock in conflicting rules across the country and reduce agencies’ ability to press issues toward a single national answer from the Supreme Court. A prior Administration opposed a 1998 bill on those grounds; courts have also cautioned agencies about how they use nonacquiescence. [5]OMB (archived) — 1998 OMB Statement of Administration Policy on the Federal Age…[6]Justia — Heartland Plymouth Court v. NLRB (D.C. Cir. 2016) — discussion of venu…

Why It Matters: For workers, unions, and employers, the court that reviews an NLRB order can change the outcome. Today’s law lets parties often choose among several circuits (for example, where the alleged unfair labor practice occurred or where a party does business). By channeling cases to the circuit where the dispute arose and tying NLRB orders to that circuit’s law, S. 3115 aims to make results more consistent within each region and reduce strategic venue choices. [2]LII / Cornell Law School — 29 U.S.C. § 160 (NLRA §10) — current judicial review…[3]Congressional Research Service (Congress.gov) — CRS Legal Sidebar: Agency Nonac…

What’s Next: The bill was introduced on November 6, 2025 and referred to the Senate Committee on Health, Education, Labor, and Pensions. It would need a committee hearing and vote before any Senate floor action; then it would face House consideration. [1]Congress.gov / Library of Congress — Congressional Record entry noting introduc…