2025 House Resolution 90

Whereas, The right to organize and strike is essential to labor rights and the protection of workers in the United States. Without these rights, employees would have little recourse against unfair treatment by their employers; and

Whereas, The right to organize and strike requires that workers are protected against being replaced during a strike. Allowing employers to replace striking workers tips the balance significantly in the favor of employers during negotiations; and

Whereas, In 2016, the National Labor Relations Board affirmed that employers do not have the unrestricted right to permanently replace workers during a strike. In their 2016 decision, the board made clear that employers cannot replace employees as a way to punish them or prevent future strikes. However, striking workers can still be replaced to ensure continuous operations; and

Whereas, Despite the existence of some legal protections, striking workers remain vulnerable without further laws and policies to ensure they will not be permanently replaced. In December 2021, for example, the Kellogg Company announced that it would permanently replace 1,400 striking employees after the union rejected an agreement to end the strike. Although the employees eventually approved a new collective bargaining agreement, such threats by Kellogg’s significantly hindered their ability to reach a fair deal; now, therefore, be it

Resolved by the House of Representatives, That we urge the President, United States Congress, and the National Labor Relations Board to enact policies banning employers from permanently replacing striking employees; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the members of the Michigan congressional delegation, and the Chairman of the National Labor Relations Board.