Backgrounder
NLRB Stability Act
NLRB Stability Act
S. 3115, Sponsored by Sen. Bill Cassidy (R-LA)
The NLRB Stability Act would provide legal stability and predictability in the National Labor Relations Board’s (NLRB) decision making and enforcement by reducing frequent shifts in interpretation of the National Labor Relations Act (NLRA) that occur when Board membership changes with presidential administrations. It aligns NLRB decisions more closely with federal judicial precedent.
Workers, employers, and labor organizations would benefit from reduced uncertainty about how or when federal labor laws apply.
The bill would amend the NLRA to require the Board to follow controlling precedent from the U.S. Court of Appeals in the circuit where a case arises. Under current practice, the Board sometimes applies different standards across regions or declines to follow certain appellate decisions. Cassidy’s legislation would curb this “non-acquiescence” approach.
Additionally, it aims to simplify and streamline judicial review and, potentially, lower litigation complexity for parties involved in Unfair Labor Practice (ULP) disputes by clarifying the jurisdiction where parties can seek judicial review of NLRB orders. These would be the court of appeals for the circuit where the alleged ULP occurred or the D.C. Circuit Court of Appeals, often used for cases involving NLRB precedent.
Bill Status: The NLRB Stability Act was introduced on November 6, 2025, and referred to the Senate HELP Committee. The committee held a hearing on this and related legislation on October 22, 2025, where I4AW President Vincent Vernuccio testified. Additional details on that hearing are provided below.
Additional Resources:
Pelican Institute: Senator Bill Cassidy Champions Pro-Worker Policies
U.S. Chamber of Commerce: Sen. Cassidy’s Labor Law Reform Package Focuses on Fairness