Collective bargaining is the process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more. The National Labor Relations Board (NLRB) is an independent government agency that is charged with enforcing labor laws. The NLRB conducts elections for union representation and investigates charges of unfair employer labor practices. Unfair labor practices include interference with the formation of labor unions, encouraging or discouraging membership in a union, and refusal to bargain collectively with an employee representative.

However, only about 6% of our private sector workers, or about 8 million workers, currently have collective bargaining rights. About 32 million civilian workers are excluded from coverage under the National Labor Relations Act including public-sector employees (employees of state, federal and local governments and their sub-divisions), agricultural and domestic workers, independent contractors and supervisors, among others. Public sectors employees have long-coveted collective bargaining rights.

During his second term in 2025, President Trump issued a series of executive orders that effectively eliminated collective bargaining rights for more than one million federal workers across dozens of agencies, citing national security concerns. This action was described as the single largest act of union-busting in U.S. history by labor advocates.

Pending Legislation: S.2837 - Protect America’s Workforce Act (passed House 12/11/2025)
Sponsor: Sen. Mark Warner (VA)
Status: Senate Committee on Homeland Security and Governmental Affairs
Chair: Sen. Rand Paul (KY)