McKeon Introduces Legislation to Curb Frivolous Lawsuits in the Workplace

McKeon Introduces Legislation to Curb Frivolous Lawsuits in the Workplace

Washington, Feb 10 - U.S. Rep. Howard P. "Buck" McKeon (R-Santa Clarita) today introduced legislation to curb frivolous lawsuits in the workplace by holding both labor unions and employers liable for any costs, fees, and expenses incurred in lawsuits involving labor disputes that are deemed "frivolous" by an independent Administrative Law Judge.

"With this legislation, unions and employers will no longer be able to use lawsuits as a tool of harassment and intimidation during collective bargaining negotiations," said Rep. McKeon. "Frivolous suits poison the negotiation process between employers and employees, and place an undue burden on innocent parties acting in good faith. By introducing this legislation today, labor unions and employers will think twice before using the courts to bully the other party into submission. I look forward to pushing this legislation forward, and providing some common sense reform to our nation's labor laws."

Specifically, the Fairness in Labor Litigation Act amends Section 8 of the National Labor Relations Act (NLRA), to make it an unfair labor practice for unions and employers to file a lawsuit where, irrespective of the outcome, the action is determined to be frivolous. A labor union or employer found to have filed a baseless lawsuit would be liable for all reasonable costs, fees, and expenses incurred in defending the action.

In 1935, Congress passed the the National Labor Relations Act (NLRA), to guarantee workers the rights to organize, join unions, and bargain collectively. The heart of the enforcement provisions of the NLRA is Section 8, which sets forth employer and union unfair labor practices.
http://mckeon.house.gov/News/DocumentSingle.aspx?DocumentID=6853