I
118THCONGRESS
1
STSESSION H. R. 20
To amend the National Labor Relations Act, the Labor Management Rela-
tions Act, 1947, and the Labor-Management Reporting and Disclosure
Act of 1959, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY28, 2023
Mr. S
COTTof Virginia (for himself, Mr. FITZPATRICK, Mr. BOWMAN, Mr.
D
ELUZIO, Mr. SARBANES, Ms. BUDZINSKI, Ms. BONAMICI, Ms.
H
OULAHAN, Mr. SHERMAN, Mr. PASCRELL, Mr. GOLDENof Maine, Mr.
H
OYER, Mr. SMITHof Washington, Ms. MOOREof Wisconsin, Mrs.
P
ELTOLA, Mr. POCAN, Mr. CARSON, Mr. CARTWRIGHT, Mr. PAYNE, Mr.
R
OBERTGARCIAof California, Ms. VELA´ZQUEZ, Mr. SORENSEN, Mr.
H
IGGINSof New York, Mr. CASTEN, Ms. MCCOLLUM, Ms. SLOTKIN, Mr.
D
AVISof Illinois, Ms. CLARKEof New York, Ms. HOYLEof Oregon, Mr.
K
ILDEE, Mrs. WATSONCOLEMAN, Mr. GARAMENDI, Ms. PORTER, Ms.
S
CHRIER, Mr. SWALWELL, Ms. TOKUDA, Mr. DESAULNIER, Mr. BOYLE
of Pennsylvania, Ms. N
ORTON, Ms. TITUS, Mr. LYNCH, Mr. NICKEL, Ms.
W
ILSONof Florida, Ms. STEVENS, Mr. NADLER, Mr. CONNOLLY, Mr.
G
OLDMANof New York, Mr. CLEAVER, Mrs. TRAHAN, Ms. CROCKETT,
Mrs. B
EATTY, Ms. ESCOBAR, Mr. BEYER, Ms. SA´NCHEZ, Mr. KIMof
New Jersey, Ms. P
INGREE, Mr. CASAR, Mr. TAKANO, Mr. LARSONof
Connecticut, Mrs. D
INGELL, Mr. LANDSMAN, Mr. BLUMENAUER, Mr.
G
ARCI´Aof Illinois, Mr. NORCROSS, Ms. LEEof California, Mr. MOULTON,
Mr. M
AGAZINER, Mr. HUFFMAN, Mr. FROST, Mr. VARGAS, Ms. WILD,
Mr. T
HOMPSONof California, Ms. WILLIAMSof Georgia, Mr. CA´RDENAS,
Ms. B
ARRAGA´N, Mr. PANETTA, Mr. VEASEY, Mr. MEEKS, Mrs. NAPOLI-
TANO, Mr. CASTROof Texas, Ms. MENG, Ms. SCHAKOWSKY, Ms.
D
ELAURO, Mr. STANTON, Mr. THOMPSONof Mississippi, Ms. CASTORof
Florida, Mr. D
AVISof North Carolina, Mr. GOMEZ, Mr. CICILLINE, Mr.
R
UIZ, Mr. KEATING, Mr. MRVAN, Ms. ADAMS, Ms. JACOBS, Ms.
S
CHOLTEN, Mrs. FOUSHEE, Mr. COHEN, Mrs. HAYES, Mr. EVANS, Mr.
F
OSTER, Ms. ROSS, Ms. GARCIAof Texas, Ms. CHU, Ms. JACKSONLEE,
Mr. K
ILMER, Mr. QUIGLEY, Ms. MANNING, Mr. SCHIFF, Mr. CARBAJAL,
Mr. G
REENof Texas, Mr. MORELLE, Ms. BALINT, Mr. COURTNEY, Ms.
K
ELLYof Illinois, Ms. LOISFRANKELof Florida, Ms. ESHOO, Ms.
J
AYAPAL, Ms. SHERRILL, Mr. TRONE, Mr. RUPPERSBERGER, Mr.
M
FUME, Mr. PALLONE, Mr. KRISHNAMOORTHI, Mr. TORRESof New
York, Mr. J
ACKSONof North Carolina, Mr. DAVIDSCOTTof Georgia, Mr.
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•HR 20 IH
SOTO, Mr. LARSENof Washington, Ms. KAPTUR, Mr. HORSFORD, Mr.
R
YAN, Ms. PRESSLEY, Mr. MCGARVEY, Mr. HARDERof California, Ms.
S
TANSBURY, Ms. CRAIG, Ms. PETTERSEN, Mr. TONKO, Mr. SABLAN, Mr.
M
ENENDEZ, Mr. SCHNEIDER, Mr. LEVIN, Mr. RASKIN, Ms. BUSH, Mr.
M
CGOVERN, Ms. BROWNLEY, Ms. OMAR, Mr. GALLEGO, Ms.
W
ASSERMANSCHULTZ, Mr. ESPAILLAT, Mrs. CHERFILUS-MCCORMICK,
Ms. B
LUNTROCHESTER, Ms. BROWN, Ms. MATSUI, Mr. CLYBURN, Mr.
M
ULLIN, Ms. SCANLON, Mr. NEGUSE, Mr. GRIJALVA, Ms. UNDERWOOD,
Ms. L
EGERFERNANDEZ, Ms. KUSTER, Mr. PAPPAS, Mr. AGUILAR, Mr.
D
OGGETT, Mrs. RAMIREZ, Ms. DELBENE, Ms. KAMLAGER-DOVE, Mr.
B
ISHOPof Georgia, Ms. SALINAS, Mr. CROW, Ms. DEANof Pennsylvania,
Mr. K
HANNA, Ms. DEGETTE, Ms. SEWELL, Ms. TLAIB, Mr. MOSKOWITZ,
Ms. P
EREZ, Ms. STRICKLAND, Mr. CARTERof Louisiana, Mr.
A
UCHINCLOSS, Mr. NEAL, Ms. SPANBERGER, Ms. OCASIO-CORTEZ, Mrs.
T
ORRESof California, Mr. GOTTHEIMER, Ms. WEXTON, Mr. JOHNSONof
Georgia, Ms. C
ARAVEO, Mrs. MCBATH, Mr. LIEU, Mr. CASE, Mrs.
S
YKES, Mr. JACKSONof Illinois, Mr. THANEDAR, Ms. LEEof Pennsyl-
vania, Mr. V
ASQUEZ, Ms. PELOSI, Ms. LOFGREN, Ms. DAVIDSof Kansas,
Mr. V
ICENTEGONZALEZof Texas, Mr. JEFFRIES, Ms. CLARKof Massa-
chusetts, Mr. P
HILLIPS, and Mr. HIMES) introduced the following bill;
which was referred to the Committee on Education and the Workforce
A BILL
To amend the National Labor Relations Act, the Labor
Management Relations Act, 1947, and the Labor-Man-
agement Reporting and Disclosure Act of 1959, and
for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Richard L. Trumka Protecting the Right to Organize Act 5
of 2023’’. 6
(b) T
ABLE OFCONTENTS.—The table of contents for 7
this Act is as follows: 8
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Sec. 1. Short title; table of contents.
TITLE I—AMENDMENTS TO THE NATIONAL LABOR RELATIONS
ACT
Sec. 101. Definitions.
Sec. 102. Reports.
Sec. 103. Appointment.
Sec. 104. Unfair labor practices.
Sec. 105. Representatives and elections.
Sec. 106. Damages for unfair labor practices.
Sec. 107. Enforcing compliance with orders of the board.
Sec. 108. Injunctions against unfair labor practices involving discharge or other
serious economic harm.
Sec. 109. Penalties.
Sec. 110. Limitations on the right to strike.
Sec. 111. Fair share agreements permitted.
TITLE II—AMENDMENTS TO THE LABOR MANAGEMENT RELA-
TIONS ACT, 1947 AND THE LABOR-MANAGEMENT REPORTING
AND DISCLOSURE ACT OF 1959
Sec. 201. Conforming amendments to the Labor Management Relations Act,
1947.
Sec. 202. Amendments to the Labor-Management Reporting and Disclosure Act
of 1959.
TITLE III—OTHER MATTERS
Sec. 301. Electronic voting in Union elections.
Sec. 302. GAO report on sectoral bargaining.
Sec. 303. Severability.
Sec. 304. Authorization of appropriations.
Sec. 305. Rule of Construction.
Sec. 306. Rule of Construction.
Sec. 307. Rule of Construction.
Sec. 308. Rule of Construction.
Sec. 309. GAO Report.
TITLE I—AMENDMENTS TO THE 1
NATIONAL LABOR RELATIONS 2
ACT 3
SEC. 101. DEFINITIONS. 4
(a) J
OINTEMPLOYER.—Section 2(2) of the National 5
Labor Relations Act (29 U.S.C. 152(2)) is amended by 6
adding at the end the following: ‘‘Two or more persons 7
shall be employers with respect to an employee if each 8
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such person codetermines or shares control over the em-1
ployee’s essential terms and conditions of employment. In 2
determining whether such control exists, the Board or a 3
court of competent jurisdiction shall consider as relevant 4
direct control and indirect control over such terms and 5
conditions, reserved authority to control such terms and 6
conditions, and control over such terms and conditions ex-7
ercised by a person in fact: Provided, That nothing herein 8
precludes a finding that indirect or reserved control stand-9
ing alone can be sufficient given specific facts and cir-10
cumstances.’’. 11
(b) E
MPLOYEE.—Section 2(3) of the National Labor 12
Relations Act (29 U.S.C. 152(3)) is amended by adding 13
at the end the following: ‘‘An individual performing any 14
service shall be considered an employee (except as pro-15
vided in the previous sentence) and not an independent 16
contractor, unless— 17
‘‘(A) the individual is free from control and 18
direction in connection with the performance of 19
the service, both under the contract for the per-20
formance of service and in fact; 21
‘‘(B) the service is performed outside the 22
usual course of the business of the employer; 23
and 24
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‘‘(C) the individual is customarily engaged 1
in an independently established trade, occupa-2
tion, profession, or business of the same nature 3
as that involved in the service performed.’’. 4
(c) S
UPERVISOR.—Section 2(11) of the National 5
Labor Relations Act (29 U.S.C. 152(11)) is amended— 6
(1) by inserting ‘‘and for a majority of the indi-7
vidual’s worktime’’ after ‘‘interest of the employer’’; 8
(2) by striking ‘‘assign,’’; and 9
(3) by striking ‘‘or responsibly to direct them,’’. 10
SEC. 102. REPORTS. 11
Section 3(c) of the National Labor Relations Act is 12
amended— 13
(1) by striking ‘‘The Board’’ and inserting ‘‘(1) 14
The Board’’; and 15
(2) by adding at the end the following: 16
‘‘(2) Effective January 1, 2025, section 3003 of the 17
Federal Reports Elimination and Sunset Act of 1995 18
(Public Law 104–66; 31 U.S.C. 1113 note) shall not apply 19
with respect to reports required under this subsection. 20
‘‘(3) Each report issued under this subsection shall— 21
‘‘(A) include no less detail than reports issued by the 22
Board prior to the termination of such reports under sec-23
tion 3003 of the Federal Reports Elimination and Sunset 24
Act of 1995 (Public Law 104–66; 31 U.S.C. 1113 note); 25
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‘‘(B) list each case in which the Designated Agency 1
Ethics Official provided advice regarding whether a Mem-2
ber should be recused from participating in a case or rule-3
making; and 4
‘‘(C) list each case in which the Designated Agency 5
Ethics Official determined that a Member should be 6
recused from participating in a case or rulemaking.’’. 7
SEC. 103. APPOINTMENT. 8
Section 4(a) of the National Labor Relations Act (29 9
U.S.C. 154(a)) is amended by striking ‘‘, or for economic 10
analysis’’. 11
SEC. 104. UNFAIR LABOR PRACTICES. 12
Section 8 of the National Labor Relations Act (29 13
U.S.C. 158) is amended— 14
(1) in subsection (a)— 15
(A) in paragraph (5), by striking the pe-16
riod and inserting ‘‘;’’; and 17
(B) by adding at the end the following: 18
‘‘(6) to promise, threaten, or take any action— 19
‘‘(A) to permanently replace an employee 20
who participates in a strike as defined by sec-21
tion 501(2) of the Labor Management Rela-22
tions Act, 1947 (29 U.S.C. 142(2)); 23
‘‘(B) to discriminate against an employee 24
who is working or has unconditionally offered to 25
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return to work for the employer because the 1
employee supported or participated in such a 2
strike; or 3
‘‘(C) to lockout, suspend, or otherwise 4
withold employment from employees in order to 5
influence the position of such employees or the 6
representative of such employees in collective 7
bargaining prior to a strike; and 8
‘‘(7) to communicate or misrepresent to an em-9
ployee under section 2(3) that such employee is ex-10
cluded from the definition of employee under section 11
2(3).’’; 12
(2) in subsection (b)— 13
(A) by striking paragraphs (4) and (7); 14
(B) by redesignating paragraphs (5) and 15
(6) as paragraphs (4) and (5), respectively; 16
(C) in paragraph (4), as so redesignated, 17
by striking ‘‘affected;’’ and inserting ‘‘affected; 18
and’’; and 19
(D) in paragraph (5), as so redesignated, 20
by striking ‘‘; and’’ and inserting a period; 21
(3) in subsection (c), by striking the period at 22
the end and inserting the following: ‘‘: Provided, 23
That it shall be an unfair labor practice under sub-24
section (a)(1) for any employer to require or coerce 25
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an employee to attend or participate in such employ-1
er’s campaign activities unrelated to the employee’s 2
job duties, including activities that are subject to the 3
requirements under section 203(b) of the Labor- 4
Management Reporting and Disclosure Act of 1959 5
(29 U.S.C. 433(b)).’’; 6
(4) in subsection (d)— 7
(A) by redesignating paragraphs (1) 8
through (4) as subparagraphs (A) through (D), 9
respectively; 10
(B) by striking ‘‘For the purposes of this 11
section’’ and inserting ‘‘(1) For purposes of this 12
section’’; 13
(C) by inserting ‘‘and to maintain current 14
wages, hours, and terms and conditions of em-15
ployment pending an agreement’’ after ‘‘arising 16
thereunder’’; 17
(D) by inserting ‘‘: Provided, That an em-18
ployer’s duty to collectively bargain shall con-19
tinue absent decertification of the labor organi-20
zation following an election conducted pursuant 21
to section 9’’ after ‘‘making of a concession:’’; 22
(E) by inserting ‘‘further’’ before ‘‘, That 23
where there is in effect’’; 24
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(F) by striking ‘‘The duties imposed’’ and 1
inserting ‘‘(2) The duties imposed’’; 2
(G) by striking ‘‘by paragraphs (2), (3), 3
and (4)’’ and inserting ‘‘by subparagraphs (B), 4
(C), and (D) of paragraph (1)’’; 5
(H) by striking ‘‘section 8(d)(1)’’ and in-6
serting ‘‘paragraph (1)(A)’’; 7
(I) by striking ‘‘section 8(d)(3)’’ and in-8
serting ‘‘paragraph (1)(C)’’ in each place it ap-9
pears; 10
(J) by striking ‘‘section 8(d)(4)’’ and in-11
serting ‘‘paragraph (1)(D)’’; and 12
(K) by adding at the end the following: 13
‘‘(3) Whenever collective bargaining is for the pur-14
pose of establishing an initial collective bargaining agree-15
ment following certification or recognition of a labor orga-16
nization, the following shall apply: 17
‘‘(A) Not later than 10 days after receiving a 18
written request for collective bargaining from an in-19
dividual or labor organization that has been newly 20
recognized or certified as a representative as defined 21
in section 9(a), or within such further period as the 22
parties agree upon, the parties shall meet and com-23
mence to bargain collectively and shall make every 24
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reasonable effort to conclude and sign a collective 1
bargaining agreement. 2
‘‘(B) If after the expiration of the 90-day pe-3
riod beginning on the date on which bargaining is 4
commenced, or such additional period as the parties 5
may agree upon, the parties have failed to reach an 6
agreement, either party may notify the Federal Me-7
diation and Conciliation Service of the existence of 8
a dispute and request mediation. Whenever such a 9
request is received, it shall be the duty of the Service 10
promptly to put itself in communication with the 11
parties and to use its best efforts, by mediation and 12
conciliation, to bring them to agreement. 13
‘‘(C) If after the expiration of the 30-day period 14
beginning on the date on which the request for me-15
diation is made under subparagraph (B), or such ad-16
ditional period as the parties may agree upon, the 17
Service is not able to bring the parties to agreement 18
by conciliation, the Service shall refer the dispute to 19
a tripartite arbitration panel established in accord-20
ance with such regulations as may be prescribed by 21
the Service, with one member selected by the labor 22
organization, one member selected by the employer, 23
and one neutral member mutually agreed to by the 24
parties. The labor organization and employer must 25
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each select the members of the tripartite arbitration 1
panel within 14 days of the Service’s referral; if the 2
labor organization or employer fail to do so, the 3
Service shall designate any members not selected by 4
the labor organization or the employer. A majority 5
of the tripartite arbitration panel shall render a deci-6
sion settling the dispute as soon as practicable and 7
not later than within 120 days, absent extraordinary 8
circumstances or by agreement or permission of the 9
parties, and such decision shall be binding upon the 10
parties for a period of 2 years, unless amended dur-11
ing such period by written consent of the parties. 12
Such decision shall be based on— 13
‘‘(i) the employer’s financial status and 14
prospects; 15
‘‘(ii) the size and type of the employer’s 16
operations and business; 17
‘‘(iii) the employees’ cost of living; 18
‘‘(iv) the employees’ ability to sustain 19
themselves, their families, and their dependents 20
on the wages and benefits they earn from the 21
employer; and 22
‘‘(v) the wages and benefits other employ-23
ers in the same business provide their employ-24
ees.’’; 25
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(5) by amending subsection (e) to read as fol-1
lows: 2
‘‘(e) Notwithstanding chapter 1 of title 9, United 3
States Code (commonly known as the ‘Federal Arbitration 4
Act’), or any other provision of law, it shall be an unfair 5
labor practice under subsection (a)(1) for any employer— 6
‘‘(1) to enter into or attempt to enforce any 7
agreement, express or implied, whereby prior to a 8
dispute to which the agreement applies, an employee 9
undertakes or promises not to pursue, bring, join, 10
litigate, or support any kind of joint, class, or collec-11
tive claim arising from or relating to the employ-12
ment of such employee in any forum that, but for 13
such agreement, is of competent jurisdiction; 14
‘‘(2) to coerce an employee into undertaking or 15
promising not to pursue, bring, join, litigate, or sup-16
port any kind of joint, class, or collective claim aris-17
ing from or relating to the employment of such em-18
ployee; or 19
‘‘(3) to retaliate or threaten to retaliate against 20
an employee for refusing to undertake or promise 21
not to pursue, bring, join, litigate, or support any 22
kind of joint, class, or collective claim arising from 23
or relating to the employment of such employee: 24
Provided, That any agreement that violates this sub-25
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section or results from a violation of this subsection 1
shall be to such extent unenforceable and void: Pro-2
vided further, That this subsection shall not apply to 3
any agreement embodied in or expressly permitted 4
by a contract between an employer and a labor orga-5
nization.’’; 6
(6) in subsection (g), by striking ‘‘clause (B) of 7
the last sentence of section 8(d) of this Act’’ and in-8
serting ‘‘subsection (d)(2)(B)’’; and 9
(7) by adding at the end the following: 10
‘‘(h)(1) The Board shall promulgate regulations re-11
quiring each employer to post and maintain, in con-12
spicuous places where notices to employees and applicants 13
for employment are customarily posted both physically and 14
electronically, a notice setting forth the rights and protec-15
tions afforded employees under this Act. The Board shall 16
make available to the public the form and text of such 17
notice. The Board shall promulgate regulations requiring 18
employers to notify each new employee of the information 19
contained in the notice described in the preceding two sen-20
tences and to ensure that such notice is provided to em-21
ployees in a language spoken by such employees. 22
‘‘(2) Whenever the Board directs an election under 23
section 9(c) or approves an election agreement, the em-24
ployer of employees in the bargaining unit shall, not later 25
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than 2 business days after the Board directs such election 1
or approves such election agreement, provide a voter list 2
to a labor organization that has petitioned to represent 3
such employees. Such voter list shall include the names 4
of all employees in the bargaining unit and such employ-5
ees’ home addresses, work locations, shifts, job classifica-6
tions, and, if available to the employer, personal landline 7
and mobile telephone numbers, and work and personal 8
email addresses; the voter list must be provided in a 9
searchable electronic format generally approved by the 10
Board unless the employer certifies that the employer does 11
not possess the capacity to produce the list in the required 12
form. Not later than 9 months after the date of enactment 13
of the Richard L. Trumka Protecting the Right to Orga-14
nize Act of 2023, the Board shall promulgate regulations 15
implementing the requirements of this paragraph. 16
‘‘(i) The rights of an employee under section 7 in-17
clude the right to use electronic communication devices 18
and systems (including computers, laptops, tablets, inter-19
net access, email, cellular telephones, or other company 20
equipment) of the employer of such employee to engage 21
in activities protected under section 7 if such employer has 22
given such employee access to such devices and systems 23
in the course of the work of such employee, absent a com-24
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pelling business rationale for denying or limiting such 1
use.’’. 2
SEC. 105. REPRESENTATIVES AND ELECTIONS. 3
Section 9 of the National Labor Relations Act (29 4
U.S.C. 159) is amended— 5
(1) in subsection (c)— 6
(A) by amending paragraph (1) to read as 7
follows: 8
‘‘(1) Whenever a petition shall have been filed, in ac-9
cordance with such regulations as may be prescribed by 10
the Board, by an employee or group of employees or any 11
individual or labor organization acting in their behalf al-12
leging that a substantial number of employees (i) wish to 13
be represented for collective bargaining and that their em-14
ployer declines to recognize their representative as the rep-15
resentative defined in section 9(a), or (ii) assert that the 16
individual or labor organization, which has been certified 17
or is being recognized by their employer as the bargaining 18
representative, is no longer a representative as defined in 19
section 9(a), the Board shall investigate such petition and 20
if it has reasonable cause to believe that a question of rep-21
resentation affecting commerce exists shall provide for an 22
appropriate hearing upon due notice. Such hearing may 23
be conducted by an officer or employee of the regional of-24
fice, who shall not make any recommendations with re-25
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spect thereto. If the Board finds upon the record of such 1
hearing that such a question of representation exists, it 2
shall direct an election by secret ballot and shall certify 3
the results thereof. The Board shall find the labor organi-4
zation’s proposed unit to be appropriate if the employees 5
in the proposed unit share a community of interest, and 6
if the employees outside the unit do not share an over-7
whelming community of interest with employees inside. At 8
the request of the labor organization, the Board shall di-9
rect that the election be conducted through certified mail, 10
electronically, at the work location, or at a location other 11
than one owned or controlled by the employer. No em-12
ployer shall have standing as a party or to intervene in 13
any representation proceeding under this section.’’; 14
(B) in paragraph (3), by striking ‘‘an eco-15
nomic strike who are not entitled to reinstate-16
ment’’ and inserting ‘‘a strike’’; 17
(C) by redesignating paragraphs (4) and 18
(5) as paragraphs (6) and (7), respectively; 19
(D) by inserting after paragraph (3) the 20
following: 21
‘‘(4) If the Board finds that, in an election under 22
paragraph (1), a majority of the valid votes cast in a unit 23
appropriate for purposes of collective bargaining have been 24
cast in favor of representation by the labor organization, 25
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the Board shall certify the labor organization as the rep-1
resentative of the employees in such unit and shall issue 2
an order requiring the employer of such employees to col-3
lectively bargain with the labor organization in accordance 4
with section 8(d). This order shall be deemed an order 5
under section 10(c) of this Act, without need for a deter-6
mination of an unfair labor practice. 7
‘‘(5)(A) If the Board finds that, in an election under 8
paragraph (1), a majority of the valid votes cast in a unit 9
appropriate for purposes of collective bargaining have not 10
been cast in favor of representation by the labor organiza-11
tion, the Board shall certify the results of the election, 12
subject to subparagraphs (B) and (C). 13
‘‘(B) In any case in which a majority of the valid 14
votes cast in a unit appropriate for purposes of collective 15
bargaining have not been cast in favor of representation 16
by the labor organization and the Board determines, fol-17
lowing a post-election hearing, that the employer has com-18
mitted a violation of this Act or otherwise interfered with 19
a fair election, and the employer has not demonstrated 20
that the violation or other interference is unlikely to have 21
affected the outcome of the election, the Board shall, with-22
out ordering a new election, set aside the election and cer-23
tify the labor organization as the representative of the em-24
ployees in such unit and issue an order requiring the em-25
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ployer to bargain with the labor organization in accord-1
ance with section 8(d) if, at any time during the period 2
beginning 1 year preceding the date of the commencement 3
of the election and ending on the date upon which the 4
Board makes the determination of a violation or other in-5
terference, a majority of the employees in the bargaining 6
unit have signed authorizations designating the labor or-7
ganization as their collective bargaining representative. 8
‘‘(C) In any case where the Board determines that 9
an election under this paragraph should be set aside, the 10
Board shall direct a new election with appropriate addi-11
tional safeguards necessary to ensure a fair election proc-12
ess, except in cases where the Board issues a bargaining 13
order under subparagraph (B).’’; and 14
(E) by inserting after paragraph (7), as so 15
redesignated, the following: 16
‘‘(8) Except under extraordinary circumstances— 17
‘‘(A) a pre-election hearing under this sub-18
section shall begin not later than 8 days after a no-19
tice of such hearing is served on the labor organiza-20
tion and shall continue from day to day until com-21
pleted; 22
‘‘(B) a regional director shall transmit the no-23
tice of election at the same time as the direction of 24
election, and shall transmit such notice and such di-25
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rection electronically (including transmission by 1
email or facsimile) or by overnight mail if electronic 2
transmission is unavailable; 3
‘‘(C) not later than 2 days after the service of 4
the notice of hearing, the employer shall— 5
‘‘(i) post the Notice of Petition for Elec-6
tion in conspicuous places, including all places 7
where notices to employees are customarily 8
posted; 9
‘‘(ii) if the employer customarily commu-10
nicates with employees electronically, distribute 11
such Notice electronically; and 12
‘‘(iii) maintain such posting until the peti-13
tion is dismissed or withdrawn or the Notice of 14
Petition for Election is replaced by the Notice 15
of Election; 16
‘‘(D) regional directors shall schedule elections 17
for the earliest date practicable, but not later than 18
the 20th business day after the direction of election; 19
and 20
‘‘(E) a post-election hearing under this sub-21
section shall begin not later than 14 days after the 22
filing of objections, if any.’’; 23
(2) in subsection (d), by striking ‘‘(e) or’’ and 24
inserting ‘‘(d) or’’; and 25
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(3) by adding at the end the following: 1
‘‘(f) The Board shall dismiss any petition for an elec-2
tion with respect to a bargaining unit or any subdivision 3
if, during the 12-month period ending on the date on 4
which the petition is filed— 5
‘‘(1) the employer has recognized a labor orga-6
nization without an election and in accordance with 7
this Act; 8
‘‘(2) the labor organization and employer en-9
gaged in their first bargaining session following the 10
issuance of a bargaining order by the Board; or 11
‘‘(3) the labor organization and successor em-12
ployer engaged in their first bargaining session fol-13
lowing a succession. 14
‘‘(g) The Board shall dismiss any petition for an elec-15
tion with respect to a bargaining unit or any subdivision 16
if there is in effect a lawful written collective bargaining 17
agreement between the employer and an exclusive rep-18
resentative covering any employees in the unit specified 19
in the petition, unless the petition is filed— 20
‘‘(1) on or after the date that is 3 years after 21
the date on which the collective bargaining agree-22
ment took effect; or 23
‘‘(2) during the 30-day period beginning on the 24
date that is 90 days before the date that is 3 years 25
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after the date on which the collective bargaining 1
agreement took effect. 2
‘‘(h) The Board shall suspend the processing of any 3
petition for an election with respect to a bargaining unit 4
or any subdivision if a labor organization files an unfair 5
labor practice charge alleging a violation of section 8(a) 6
and requesting the suspension of a pending petition until 7
the unlawful conduct, if any, is remedied or the charge 8
is dismissed unless the Board determines that employees 9
can, under the circumstances, exercise free choice in an 10
election despite the unlawful conduct alleged in the 11
charge.’’. 12
SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 13
Section 10(c) of the National Labor Relations Act 14
(29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 15
him’’ and inserting ‘‘suffered by such employee: Provided 16
further, That if the Board finds that an employer has dis-17
criminated against an employee in violation of paragraph 18
(3) or (4) of section 8(a) or has committed a violation 19
of section 8(a) that results in the discharge of an employee 20
or other serious economic harm to an employee, the Board 21
shall award the employee back pay without any reduction 22
(including any reduction based on the employee’s interim 23
earnings or failure to earn interim earnings), front pay 24
(when appropriate), consequential damages, and an addi-25
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tional amount as liquidated damages equal to two times 1
the amount of damages awarded: Provided further, no re-2
lief under this subsection shall be denied on the basis that 3
the employee is, or was during the time of relevant em-4
ployment or during the back pay period, an unauthorized 5
alien as defined in section 274A(h)(3) of the Immigration 6
and Nationality Act (8 U.S.C. 1324a(h)(3)) or any other 7
provision of Federal law relating to the unlawful employ-8
ment of aliens’’. 9
SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 10
BOARD. 11
(a) I
NGENERAL.—Section 10 of the National Labor 12
Relations Act (29 U.S.C. 160) is further amended— 13
(1) by striking subsection (e); 14
(2) by redesignating subsection (d) as sub-15
section (e); 16
(3) by inserting after subsection (c) the fol-17
lowing: 18
‘‘(d)(1) Each order of the Board shall take effect 19
upon issuance of such order, unless otherwise directed by 20
the Board, and shall remain in effect unless modified by 21
the Board or unless a court of competent jurisdiction 22
issues a superseding order. 23
‘‘(2) Any person who fails or neglects to obey an 24
order of the Board shall forfeit and pay to the Board a 25
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civil penalty of not more than $10,000 for each violation, 1
which shall accrue to the United States and may be recov-2
ered in a civil action brought by the Board to the district 3
court of the United States in which the unfair labor prac-4
tice or other subject of the order occurred, or in which 5
such person or entity resides or transacts business. No ac-6
tion by the Board under this paragraph may be made until 7
30 days following the issuance of an order. Each separate 8
violation of such an order shall be a separate offense, ex-9
cept that, in the case of a violation in which a person fails 10
to obey or neglects to obey a final order of the Board, 11
each day such failure or neglect continues shall be deemed 12
a separate offense. 13
‘‘(3) If, after having provided a person or entity with 14
notice and an opportunity to be heard regarding a civil 15
action under subparagraph (2) for the enforcement of an 16
order, the court determines that the order was regularly 17
made and duly served, and that the person or entity is 18
in disobedience of the same, the court shall enforce obedi-19
ence to such order by an injunction or other proper proc-20
ess, mandatory or otherwise, to— 21
‘‘(A) restrain such person or entity or the offi-22
cers, agents, or representatives of such person or en-23
tity, from further disobedience to such order; or 24
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‘‘(B) enjoin such person or entity, officers, 1
agents, or representatives to obedience to the 2
same.’’; 3
(4) in subsection (f)— 4
(A) by striking ‘‘proceed in the same man-5
ner as in the case of an application by the 6
Board under subsection (e) of this section,’’ and 7
inserting ‘‘proceed as provided under paragraph 8
(2) of this subsection’’; 9
(B) by striking ‘‘Any’’ and inserting the 10
following: 11
‘‘(1) Within 30 days of the issuance of an 12
order, any’’; and 13
(C) by adding at the end the following: 14
‘‘(2) No objection that has not been urged before the 15
Board, its member, agent, or agency shall be considered 16
by a court, unless the failure or neglect to urge such objec-17
tion shall be excused because of extraordinary cir-18
cumstances. The findings of the Board with respect to 19
questions of fact if supported by substantial evidence on 20
the record considered as a whole shall be conclusive. If 21
either party shall apply to the court for leave to adduce 22
additional evidence and shall show to the satisfaction of 23
the court that such additional evidence is material and 24
that there were reasonable grounds for the failure to ad-25
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duce such evidence in the hearing before the Board, its 1
member, agent, or agency, the court may order such addi-2
tional evidence to be taken before the Board, its member, 3
agent, or agency, and to be made a part of the record. 4
The Board may modify its findings as to the facts, or 5
make new findings, by reason of additional evidence so 6
taken and filed, and it shall file such modified or new find-7
ings, which findings with respect to questions of fact if 8
supported by substantial evidence on the record considered 9
as a whole shall be conclusive, and shall file its rec-10
ommendations, if any, for the modification or setting aside 11
of its original order. Upon the filing of the record with 12
it the jurisdiction of the court shall be exclusive and its 13
judgment and decree shall be final, except that the same 14
shall be subject to review by the appropriate United States 15
court of appeals if application was made to the district 16
court, and by the Supreme Court of the United States 17
upon writ of certiorari or certification as provided in sec-18
tion 1254 of title 28, United States Code.’’; and 19
(5) in subsection (g), by striking ‘‘subsection 20
(e) or (f) of this section’’ and inserting ‘‘subsection 21
(d) or (f)’’. 22
(b) C
ONFORMINGAMENDMENT.—Section 18 of the 23
National Labor Relations Act (29 U.S.C. 168) is amended 24
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by striking ‘‘section 10(e) or (f)’’ and inserting ‘‘sub-1
section (d) or (f) of section 10’’. 2
SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC-3
TICES INVOLVING DISCHARGE OR OTHER SE-4
RIOUS ECONOMIC HARM. 5
Section 10 of the National Labor Relations Act (29 6
U.S.C. 160) is amended— 7
(1) in subsection (j)— 8
(A) by striking ‘‘The Board’’ and inserting 9
‘‘(1) The Board’’; and 10
(B) by adding at the end the following: 11
‘‘(2) Notwithstanding subsection (m), whenever it is 12
charged that an employer has engaged in an unfair labor 13
practice within the meaning of paragraph (1), (3), or (4) 14
of section 8(a) that significantly interferes with, restrains, 15
or coerces employees in the exercise of the rights guaran-16
teed under section 7, or involves discharge or other serious 17
economic harm to an employee, the preliminary investiga-18
tion of such charge shall be made forthwith and given pri-19
ority over all other cases except cases of like character 20
in the office where it is filed or to which it is referred. 21
If, after such investigation, the officer or regional attorney 22
to whom the matter may be referred has reasonable cause 23
to believe such charge is true and that a complaint should 24
issue, such officer or attorney shall bring a petition for 25
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appropriate temporary relief or restraining order as set 1
forth in paragraph (1). The district court shall grant the 2
relief requested unless the court concludes that there is 3
no reasonable likelihood that the Board will succeed on 4
the merits of the Board’s claim.’’; and 5
(2) by repealing subsections (k) and (l). 6
SEC. 109. PENALTIES. 7
(a) I
NGENERAL.—Section 12 of the National Labor 8
Relations Act (29 U.S.C. 162) is amended— 9
(1) by striking ‘‘S
EC. 12. Any person’’ and in-10
serting the following: 11
‘‘SEC. 12. PENALTIES. 12
‘‘(a) V
IOLATIONS FOR INTERFERENCE WITH 13
B
OARD.—Any person’’; and 14
(2) by adding at the end the following: 15
‘‘(b) V
IOLATIONS FORPOSTINGREQUIREMENTS AND 16
V
OTERLIST.—If the Board, or any agent or agency des-17
ignated by the Board for such purposes, determines that 18
an employer has violated section 8(h) or regulations issued 19
thereunder, the Board shall— 20
‘‘(1) state the findings of fact supporting such 21
determination; 22
‘‘(2) issue and cause to be served on such em-23
ployer an order requiring that such employer comply 24
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with section 8(h) or regulations issued thereunder; 1
and 2
‘‘(3) impose a civil penalty in an amount deter-3
mined appropriate by the Board, except that in no 4
case shall the amount of such penalty exceed $500 5
for each such violation. 6
‘‘(c) C
IVILPENALTIES FORVIOLATIONS.— 7
‘‘(1) I
N GENERAL.—Any employer who commits 8
an unfair labor practice within the meaning of sec-9
tion 8(a) shall, in addition to any remedy ordered by 10
the Board, be subject to a civil penalty in an amount 11
not to exceed $50,000 for each violation, except 12
that, with respect to an unfair labor practice within 13
the meaning of paragraph (3) or (4) of section 8(a) 14
or a violation of section 8(a) that results in the dis-15
charge of an employee or other serious economic 16
harm to an employee, the Board shall double the 17
amount of such penalty, to an amount not to exceed 18
$100,000, in any case where the employer has with-19
in the preceding 5 years committed another such 20
violation. 21
‘‘(2) C
ONSIDERATIONS.—In determining the 22
amount of any civil penalty under this subsection, 23
the Board shall consider— 24
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‘‘(A) the gravity of the unfair labor prac-1
tice; 2
‘‘(B) the impact of the unfair labor prac-3
tice on the charging party, on other persons 4
seeking to exercise rights guaranteed by this 5
Act, and on the public interest; and 6
‘‘(C) the gross income of the employer. 7
‘‘(3) D
IRECTOR AND OFFICER LIABILITY .—If 8
the Board determines, based on the particular facts 9
and circumstances presented, that a director or offi-10
cer’s personal liability is warranted, a civil penalty 11
for a violation described in this subsection may also 12
be assessed against any director or officer of the em-13
ployer who directed or committed the violation, had 14
established a policy that led to such a violation, or 15
had actual or constructive knowledge of and the au-16
thority to prevent the violation and failed to prevent 17
the violation. 18
‘‘(d) R
IGHT TOCIVILACTION.— 19
‘‘(1) I
N GENERAL.—Any person who is injured 20
by reason of a violation of paragraph (1), (3), or (4) 21
of section 8(a) may, after 60 days following the fil-22
ing of a charge with the Board alleging an unfair 23
labor practice, bring a civil action in the appropriate 24
district court of the United States against the em-25
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ployer within 90 days after the expiration of the 60- 1
day period or the date the Board notifies the person 2
that no complaint shall issue, whichever occurs ear-3
lier, provided that the Board has not filed a petition 4
under section 10(j) of this Act prior to the expira-5
tion of the 60-day period. No relief under this sub-6
section shall be denied on the basis that the em-7
ployee is, or was during the time of relevant employ-8
ment or during the back pay period, an unauthor-9
ized alien as defined in section 274A(h)(3) of the 10
Immigration and Nationality Act (8 U.S.C. 11
1324a(h)(3)) or any other provision of Federal law 12
relating to the unlawful employment of aliens. 13
‘‘(2) A
VAILABLE RELIEF.—Relief granted in an 14
action under paragraph (1) may include— 15
‘‘(A) back pay without any reduction, in-16
cluding any reduction based on the employee’s 17
interim earnings or failure to earn interim earn-18
ings; 19
‘‘(B) front pay (when appropriate); 20
‘‘(C) consequential damages; 21
‘‘(D) an additional amount as liquidated 22
damages equal to two times the cumulative 23
amount of damages awarded under subpara-24
graphs (A) through (C); 25
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‘‘(E) in appropriate cases, punitive dam-1
ages in accordance with paragraph (4); and 2
‘‘(F) any other relief authorized by section 3
706(g) of the Civil Rights Act of 1964 (42 4
U.S.C. 2000e–5(g)) or by section 1977A(b) of 5
the Revised Statutes (42 U.S.C. 1981a(b)). 6
‘‘(3) A
TTORNEY’S FEES.—In any civil action 7
under this subsection, the court may allow the pre-8
vailing party a reasonable attorney’s fee (including 9
expert fees) and other reasonable costs associated 10
with maintaining the action. 11
‘‘(4) P
UNITIVE DAMAGES.—In awarding puni-12
tive damages under paragraph (2)(E), the court 13
shall consider— 14
‘‘(A) the gravity of the unfair labor prac-15
tice; 16
‘‘(B) the impact of the unfair labor prac-17
tice on the charging party, on other persons 18
seeking to exercise rights guaranteed by this 19
Act, and on the public interest; and 20
‘‘(C) the gross income of the employer.’’. 21
(b) C
ONFORMINGAMENDMENTS.—Section 10(b) of 22
the National Labor Relations Act (29 U.S.C. 160(b)) is 23
amended— 24
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(1) by striking ‘‘six months’’ and inserting 1
‘‘180 days’’; and 2
(2) by striking ‘‘the six-month period’’ and in-3
serting ‘‘the 180-day period’’. 4
SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. 5
Section 13 of the National Labor Relations Act (29 6
U.S.C. 163) is amended by striking the period at the end 7
and inserting the following: ‘‘: Provided, That the dura-8
tion, scope, frequency, or intermittence of any strike or 9
strikes shall not render such strike or strikes unprotected 10
or prohibited.’’. 11
SEC. 111. FAIR SHARE AGREEMENTS PERMITTED. 12
Section 14(b) of the National Labor Relations Act 13
(29 U.S.C. 164(b)) is amended by striking the period at 14
the end and inserting the following: ‘‘: Provided, That col-15
lective bargaining agreements providing that all employees 16
in a bargaining unit shall contribute fees to a labor organi-17
zation for the cost of representation, collective bargaining, 18
contract enforcement, and related expenditures as a condi-19
tion of employment shall be valid and enforceable notwith-20
standing any State or Territorial law.’’. 21
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TITLE II—AMENDMENTS TO THE 1
LABOR MANAGEMENT RELA-2
TIONS ACT, 1947 AND THE 3
LABOR-MANAGEMENT RE-4
PORTING AND DISCLOSURE 5
ACT OF 1959 6
SEC. 201. CONFORMING AMENDMENTS TO THE LABOR MAN-7
AGEMENT RELATIONS ACT, 1947. 8
The Labor Management Relations Act, 1947 is 9
amended— 10
(1) in section 213(a) (29 U.S.C. 183(a)), by 11
striking ‘‘clause (A) of the last sentence of section 12
8(d) (which is required by clause (3) of such section 13
8(d)), or within 10 days after the notice under 14
clause (B)’’ and inserting ‘‘section 8(d)(2)(A) of the 15
National Labor Relations Act (which is required by 16
section 8(d)(1)(C) of such Act), or within 10 days 17
after the notice under section 8(d)(2)(B) of such 18
Act’’; and 19
(2) by repealing section 303 (29 U.S.C. 187). 20
SEC. 202. AMENDMENTS TO THE LABOR-MANAGEMENT RE-21
PORTING AND DISCLOSURE ACT OF 1959. 22
(a) I
NGENERAL.—Section 203(c) of the Labor-Man-23
agement Reporting and Disclosure Act of 1959 (29 U.S.C. 24
433(c)) is amended by striking the period at the end and 25
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inserting the following ‘‘: Provided, That this subsection 1
shall not exempt from the requirements of this section any 2
arrangement or part of an arrangement in which a party 3
agrees, for an object described in subsection (b)(1), to plan 4
or conduct employee meetings; train supervisors or em-5
ployer representatives to conduct meetings; coordinate or 6
direct activities of supervisors or employer representatives; 7
establish or facilitate employee committees; identify em-8
ployees for disciplinary action, reward, or other targeting; 9
or draft or revise employer personnel policies, speeches, 10
presentations, or other written, recorded, or electronic 11
communications to be delivered or disseminated to employ-12
ees.’’. 13
(b) W
HISTLEBLOWER PROTECTIONS.—The Labor- 14
Management Reporting and Disclosure Act of 1959 (29 15
U.S.C. 401 et seq.) is further amended— 16
(1) by redesignating section 611 (29 U.S.C. 17
531) as section 612; and 18
(2) by inserting after section 610 (29 U.S.C. 19
530), the following new section: 20
‘‘
WHISTLEBLOWER PROTECTIONS 21
‘‘S
EC. 611. 22
‘‘(a) I
NGENERAL.—No employer or labor organiza-23
tion shall terminate or in any other way discriminate 24
against, or cause to be terminated or discriminated 25
against, any applicant, covered employee, or former cov-26
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ered employee, of the employer or the labor organization 1
by reason of the fact that such applicant, covered em-2
ployee, or former covered employee does, or the employer 3
or labor organization perceives the employee to do, any 4
of the following: 5
‘‘(1) Provide, cause to be provided, or is about 6
to provide or cause to be provided, information to 7
the labor organization, the employer, the Depart-8
ment of Labor, or any other State, local, or Federal 9
Government authority or law enforcement agency re-10
lating to any violation of, or any act or omission 11
that such employee reasonably believes to be a viola-12
tion of, any provision of this Act. 13
‘‘(2) Testify or plan to testify or otherwise par-14
ticipate in any proceeding resulting from the admin-15
istration or enforcement of any provision of this Act. 16
‘‘(3) File, institute, or cause to be filed or insti-17
tuted, any proceeding under this Act. 18
‘‘(4) Assist in any activity described in para-19
graphs (1) through (3). 20
‘‘(5) Object to, or refuse to participate in, any 21
activity, policy, practice, or assigned task that such 22
covered employee reasonably believes to be in viola-23
tion of any provision of this Act. 24
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•HR 20 IH
‘‘(b) DEFINITION OFCOVEREDEMPLOYEE.—For the 1
purposes of this section, the term ‘covered employee’ 2
means any employee or agent of an employer or labor or-3
ganization, including any person with management re-4
sponsibilities on behalf of the employer or labor organiza-5
tion. 6
‘‘(c) P
ROCEDURES AND TIMETABLES.— 7
‘‘(1) C
OMPLAINT.— 8
‘‘(A) I
N GENERAL.—An applicant, covered 9
employee, or former covered employee who be-10
lieves that he or she has been terminated or in 11
any other way discriminated against by any 12
person in violation of subsection (a) may file (or 13
have any person file on his or her behalf) a 14
complaint with the Secretary of Labor alleging 15
such violation. Such a complaint must be filed 16
not later than either— 17
‘‘(i) 180 days after the date on which 18
such alleged violation occurs; or 19
‘‘(ii) 180 days after the date upon 20
which the employee knows or should rea-21
sonably have known that such alleged vio-22
lation in subsection (a) occurred. 23
‘‘(B) A
CTIONS OF SECRETARY OF 24
LABOR.—Upon receipt of such a complaint, the 25
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Secretary of Labor shall notify, in writing, the 1
person named in the complaint who is alleged 2
to have committed the violation, of— 3
‘‘(i) the filing of the complaint; 4
‘‘(ii) the allegations contained in the 5
complaint; 6
‘‘(iii) the substance of evidence sup-7
porting the complaint; and 8
‘‘(iv) opportunities that will be af-9
forded to such person under paragraph 10
(2). 11
‘‘(2) I
NVESTIGATION BY SECRETARY OF 12
LABOR.— 13
‘‘(A) I
N GENERAL.—Not later than 60 14
days after the date of receipt of a complaint 15
filed under paragraph (1), and after affording 16
the complainant and the person named in the 17
complaint who is alleged to have committed the 18
violation that is the basis for the complaint an 19
opportunity to submit to the Secretary of Labor 20
a written response to the complaint and an op-21
portunity to meet with a representative of the 22
Secretary of Labor to present statements from 23
witnesses, the Secretary of Labor shall— 24
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•HR 20 IH
‘‘(i) initiate an investigation and de-1
termine whether there is reasonable cause 2
to believe that the complaint has merit; 3
and 4
‘‘(ii) notify the complainant and the 5
person alleged to have committed the viola-6
tion of subsection (a), in writing, of such 7
determination. 8
‘‘(B) G
ROUNDS FOR DETERMINATION OF 9
COMPLAINTS.—The Secretary of Labor shall 10
dismiss a complaint filed under this subsection, 11
and shall not conduct an investigation otherwise 12
required under paragraph (2), unless the com-13
plainant makes a prima facie showing that any 14
behavior described in paragraphs (1) through 15
(5) of subsection (a) was a contributing factor 16
in the unfavorable personnel action alleged in 17
the complaint. 18
‘‘(3) B
URDENS OF PROOF.— 19
‘‘(A) C
RITERIA FOR DETERMINATION .—In 20
making a determination or adjudicating a com-21
plaint pursuant to this subsection, the Sec-22
retary, an administrative law judge or a court 23
may determine that a violation of subsection (a) 24
has occurred only if the complainant dem-25
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•HR 20 IH
onstrates that any conduct described in sub-1
section (a) with respect to the complainant was 2
a contributing factor in the adverse action al-3
leged in the complaint. 4
‘‘(B) P
ROHIBITION.—Notwithstanding sub-5
paragraph (A), a decision or order that is favor-6
able to the complainant shall not be issued in 7
any administrative or judicial action pursuant 8
to this subsection if the respondent dem-9
onstrates by clear and convincing evidence that 10
the respondent would have taken the same ad-11
verse action in the absence of such conduct. 12
‘‘(C) N
OTICE OF RELIEF AVAILABLE .—If 13
the Secretary of Labor concludes that there is 14
reasonable cause to believe that a violation of 15
subsection (a) has occurred, the Secretary of 16
Labor shall, together with the notice under 17
paragraph (2)(A)(ii), issue a preliminary order 18
providing the relief prescribed by paragraph 19
(4)(B). 20
‘‘(D) R
EQUEST FOR HEARING .—Not later 21
than 30 days after the date of receipt of notifi-22
cation of a determination of the Secretary of 23
Labor under this paragraph, either the person 24
alleged to have committed the violation or the 25
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•HR 20 IH
complainant may file objections to the findings 1
or preliminary order, or both, and request a 2
hearing on the record. The filing of such objec-3
tions shall not operate to stay any reinstate-4
ment remedy contained in the preliminary 5
order. Any such hearing shall be conducted ex-6
peditiously, and if a hearing is not requested in 7
such 30-day period, the preliminary order shall 8
be deemed a final order that is not subject to 9
judicial review. 10
‘‘(E) P
ROCEDURES.— 11
‘‘(i) I
N GENERAL.—A hearing re-12
quested under this paragraph shall be con-13
ducted expeditiously and in accordance 14
with rules established by the Secretary for 15
hearings conducted by administrative law 16
judges. 17
‘‘(ii) S
UBPOENAS; PRODUCTION OF 18
EVIDENCE.— In conducting any such hear-19
ing, the administrative law judge may issue 20
subpoenas. The respondent or complainant 21
may request the issuance of subpoenas 22
that require the deposition of, or the at-23
tendance and testimony of, witnesses and 24
the production of any evidence (including 25
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•HR 20 IH
any books, papers, documents, or record-1
ings) relating to the matter under consid-2
eration. 3
‘‘(4) I
SSUANCE OF FINAL ORDERS ; REVIEW 4
PROCEDURES.— 5
‘‘(A) T
IMING.—Not later than 120 days 6
after the date of conclusion of any hearing 7
under paragraph (2), the Secretary of Labor 8
shall issue a final order providing the relief pre-9
scribed by this paragraph or denying the com-10
plaint. At any time before issuance of a final 11
order, a proceeding under this subsection may 12
be terminated on the basis of a settlement 13
agreement entered into by the Secretary of 14
Labor, the complainant, and the person alleged 15
to have committed the violation. 16
‘‘(B) A
VAILABLE RELIEF.— 17
‘‘(i) O
RDER OF SECRETARY OF 18
LABOR.—If, in response to a complaint 19
filed under paragraph (1), the Secretary of 20
Labor determines that a violation of sub-21
section (a) has occurred, the Secretary of 22
Labor shall order the person who com-23
mitted such violation— 24
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‘‘(I) to take affirmative action to 1
abate the violation; 2
‘‘(II) to reinstate the complain-3
ant to his or her former position, to-4
gether with compensation (including 5
back pay with interest) and restore 6
the terms, conditions, and privileges 7
associated with his or her employ-8
ment; 9
‘‘(III) to provide compensatory 10
damages to the complainant; and 11
‘‘(IV) expungement of all warn-12
ings, reprimands, or derogatory ref-13
erences that have been placed in 14
paper or electronic records or data-15
bases of any type relating to the ac-16
tions by the complainant that gave 17
rise to the unfavorable personnel ac-18
tion, and, at the complainant’s direc-19
tion, transmission of a copy of the de-20
cision on the complaint to any person 21
whom the complainant reasonably be-22
lieves may have received such unfavor-23
able information. 24
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•HR 20 IH
‘‘(ii) COSTS AND EXPENSES .—If an 1
order is issued under clause (i), the Sec-2
retary of Labor, at the request of the com-3
plainant, shall assess against the person 4
against whom the order is issued, a sum 5
equal to the aggregate amount of all costs 6
and expenses (including attorney fees and 7
expert witness fees) reasonably incurred, 8
as determined by the Secretary of Labor, 9
by the complainant for, or in connection 10
with, the bringing of the complaint upon 11
which the order was issued. 12
‘‘(C) F
RIVOLOUS CLAIMS.—If the Sec-13
retary of Labor finds that a complaint under 14
paragraph (1) is frivolous or has been brought 15
in bad faith, the Secretary of Labor may award 16
to the prevailing employer or labor organization 17
a reasonable attorney fee, not exceeding $1,000, 18
to be paid by the complainant. 19
‘‘(D) D
E NOVO REVIEW.— 20
‘‘(i) F
AILURE OF THE SECRETARY TO 21
ACT.—If the Secretary of Labor has not 22
issued a final order within 270 days after 23
the date of filing of a complaint under this 24
subsection, or within 90 days after the 25
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•HR 20 IH
date of receipt of a written determination, 1
the complainant may bring an action at 2
law or equity for de novo review in the ap-3
propriate district court of the United 4
States having jurisdiction, which shall have 5
jurisdiction over such an action without re-6
gard to the amount in controversy, and 7
which action shall, at the request of either 8
party to such action, be tried by the court 9
with a jury. 10
‘‘(ii) P
ROCEDURES.—A proceeding 11
under clause (i) shall be governed by the 12
same legal burdens of proof specified in 13
paragraph (3). The court shall have juris-14
diction to grant all relief necessary to 15
make the employee whole, including injunc-16
tive relief and compensatory damages, in-17
cluding— 18
‘‘(I) reinstatement with the same 19
seniority status that the employee 20
would have had, but for the discharge 21
or discrimination; 22
‘‘(II) the amount of back pay, 23
with interest; 24
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‘‘(III) compensation for any spe-1
cial damages sustained as a result of 2
the discharge or discrimination, in-3
cluding litigation costs, expert witness 4
fees, and reasonable attorney fees; 5
and 6
‘‘(IV) expungement of all warn-7
ings, reprimands, or derogatory ref-8
erences that have been placed in 9
paper or electronic records or data-10
bases of any type relating to the ac-11
tions by the complainant that gave 12
rise to the unfavorable personnel ac-13
tion, and, at the complainant’s direc-14
tion, transmission of a copy of the de-15
cision on the complaint to any person 16
whom the complainant reasonably be-17
lieves may have received such unfavor-18
able information. 19
‘‘(E) O
THER APPEALS.—Unless the com-20
plainant brings an action under subparagraph 21
(D), any person adversely affected or aggrieved 22
by a final order issued under subparagraph (A) 23
may file a petition for review of the order in the 24
United States Court of Appeals for the circuit 25
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in which the violation with respect to which the 1
order was issued, allegedly occurred or the cir-2
cuit in which the complainant resided on the 3
date of such violation, not later than 60 days 4
after the date of the issuance of the final order 5
of the Secretary of Labor under subparagraph 6
(A). Review shall conform to chapter 7 of title 7
5, United States Code. The commencement of 8
proceedings under this subparagraph shall not, 9
unless ordered by the court, operate as a stay 10
of the order. An order of the Secretary of 11
Labor with respect to which review could have 12
been obtained under this subparagraph shall 13
not be subject to judicial review in any criminal 14
or other civil proceeding. 15
‘‘(5) F
AILURE TO COMPLY WITH ORDER .— 16
‘‘(A) A
CTIONS BY THE SECRETARY .—If 17
any person has failed to comply with a final 18
order issued under paragraph (4), the Secretary 19
of Labor may file a civil action in the United 20
States district court for the district in which 21
the violation was found to have occurred, or in 22
the United States district court for the District 23
of Columbia, to enforce such order. In actions 24
brought under this paragraph, the district 25
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•HR 20 IH
courts shall have jurisdiction to grant all appro-1
priate relief including injunctive relief, compen-2
satory and punitive damages. 3
‘‘(B) C
IVIL ACTIONS TO COMPEL COMPLI -4
ANCE.—A person on whose behalf an order was 5
issued under paragraph (4) may commence a 6
civil action against the person to whom such 7
order was issued to require compliance with 8
such order. The appropriate United States dis-9
trict court shall have jurisdiction, without re-10
gard to the amount in controversy or the citi-11
zenship of the parties, to enforce such order. 12
‘‘(C) A
WARD OF COSTS AUTHORIZED .— 13
The court, in issuing any final order under this 14
paragraph, may award costs of litigation (in-15
cluding reasonable attorney and expert witness 16
fees) to any party, whenever the court deter-17
mines such award is appropriate. 18
‘‘(D) M
ANDAMUS PROCEEDINGS .—Any 19
nondiscretionary duty imposed by this section 20
shall be enforceable in a mandamus proceeding 21
brought under section 1361 of title 28, United 22
States Code. 23
‘‘(d) U
NENFORCEABILITY OF CERTAINAGREE-24
MENTS.—Notwithstanding any other provision of law, the 25
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•HR 20 IH
rights and remedies provided for in this section may not 1
be waived by any agreement, policy, form, or condition of 2
employment, including by any predispute arbitration 3
agreement. 4
‘‘(e) S
AVINGS.—Nothing in this subsection shall be 5
construed to diminish the rights, privileges, or remedies 6
of any employee who exercises rights under any Federal 7
or State law or common law, or under any collective bar-8
gaining agreement.’’. 9
(c) Section 203(b) of the Labor-Management Report-10
ing and Disclosure Act of 1959 (29 U.S.C. 433(b)) is 11
amended in the matter following paragraph (2)— 12
(1) by striking the period at the end; and 13
(2) by inserting ‘‘and shall make such informa-14
tion available to the public in a readily accessible 15
and searchable electronic format, and through a se-16
cure software application for use on an electronic de-17
vice.’’. 18
TITLE III—OTHER MATTERS 19
SEC. 301. ELECTRONIC VOTING IN UNION ELECTIONS. 20
(a) I
NGENERAL.— 21
(1) E
LECTRONIC VOTING SYSTEM .—Notwith-22
standing any other provision of law, subject to the 23
provisions of this section, not later than 1 year after 24
the date of the enactment of this Act, the National 25
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Labor Relations Board shall implement a system 1
and procedures to conduct representation elections 2
remotely using an electronic voting system. 3
(2) P
ROCEDURES.—The procedures under para-4
graph (1) shall ensure that each employee voting in 5
a representation election may choose to cast a vote 6
using either an internet voting system or a telephone 7
voting system. 8
(b) R
EPORT.—Not later than 1 year after the date 9
of the enactment of this Act, and in each subsequent re-10
port under Section 3(c) of the National Labor Relations 11
Act, as amended, the Board shall submit to Congress a 12
report containing a description of the following: 13
(1) For each representation petition under sec-14
tion 9 of the National Labor Relations Act filed— 15
(A) the case name and case number; 16
(B) the number of days between the peti-17
tion and the election; 18
(C) the number of days between the stipu-19
lation or direction of election and the election; 20
(D) the method of the election; 21
(E) the results of the election; and 22
(F) the number of eligible voters, the num-23
ber of voters participating in the election, and 24
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the method by which each of the voters sub-1
mitted their vote. 2
(2) The total cost of conducting all elections the 3
Board conducted through the system and procedures 4
required by subsection (a). 5
(c) D
EFINITIONS.—In this section: 6
(1) E
LECTRONIC VOTING SYSTEM .—The term 7
‘‘electronic voting system’’— 8
(A) includes an internet voting system and 9
a telephone voting system; and 10
(B) does not include machines used for 11
casting votes at a polling site or an electronic 12
tabulation system where votes are cast non-elec-13
tronically but counted electronically (such as a 14
punch card or optical scanning system). 15
(2) I
NTERNET VOTING SYSTEM .—The term 16
‘‘internet voting system’’ means an internet-based 17
voting system that allows a participant to cast a bal-18
lot remotely using a personal computer or other mo-19
bile electronic device that is connected to the inter-20
net. 21
(3) T
ELEPHONE VOTING SYSTEM .—The term 22
‘‘telephone voting system’’ means a voting system in 23
which participants may cast a vote remotely using a 24
telephone. 25
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(4) REMOTELY.—The term ‘‘remotely’’, used 1
with respect to voting in a representation election, 2
means a vote may be cast at any site chosen by a 3
participant in such election. 4
(5) R
EPRESENTATION ELECTION .—The term 5
‘‘representation election’’ means a representation 6
election under section 9 of the National Labor Rela-7
tions Act (29 U.S.C. 159). 8
SEC. 302. GAO REPORT ON SECTORAL BARGAINING. 9
(a) I
NGENERAL.—Not later than 3 years after the 10
date of enactment of this Act, the Comptroller General 11
shall conduct a review of collective bargaining at the sec-12
toral level in a geographically diverse set of countries 13
where sectoral bargaining is facilitated and prepare and 14
submit to Congress a report with respect to such countries 15
that— 16
(1) identifies, analyzes, and compares— 17
(A) the laws and policies governing or re-18
lated to collective bargaining at the sectoral 19
level; 20
(B) the administrative systems facilitating 21
such bargaining; and 22
(C) the procedures involved in sectoral bar-23
gaining; 24
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(2) to the extent practicable, consider reported 1
effects of the policies and procedures described in 2
paragraph (1) on— 3
(A) the wages and compensation of em-4
ployees; 5
(B) the number of full-time and part-time 6
employees; 7
(C) prices, sales, and revenues; 8
(D) employee turnover and retention; 9
(E) hiring and training costs; 10
(F) productivity and absenteeism; and 11
(G) the development of emerging indus-12
tries, including those that engage their 13
workforces through technology; and 14
(3) describes the methodology used to generate 15
the information in the report. 16
SEC. 303. SEVERABILITY. 17
If any provision of this Act or the application thereof 18
to any person or circumstance is held invalid, the remain-19
der of this Act, or the application of that provision to per-20
sons or circumstances other than those as to which it is 21
held invalid, is not affected thereby. 22
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SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 1
There are authorized to be appropriated such sums 2
as may be necessary to carry out the provisions of this 3
Act and the amendments made by this Act. 4
SEC. 305. RULE OF CONSTRUCTION. 5
The amendments made under this Act shall not be 6
construed to amend section 274A of the Immigration and 7
Nationality Act (8 U.S.C. 1324a). 8
SEC. 306. RULE OF CONSTRUCTION. 9
The amendments made by this Act shall not be con-10
strued to affect the jurisdictional standards of the Na-11
tional Labor Relations Board, including any standards 12
that measure the size of a business with respect to reve-13
nues, that are used to determine whether an industry is 14
affecting commerce for purposes of determining coverage 15
under the National Labor Relations Act (29 U.S.C. 151 16
et seq.). 17
SEC. 307. RULE OF CONSTRUCTION. 18
Nothing in this Act or the amendments made by this 19
Act shall be construed to affect the privacy of employees 20
with respect to voter lists provided to labor organizations 21
by employers pursuant to elections directed by the Board. 22
SEC. 308. RULE OF CONSTRUCTION. 23
The amendments made under this Act shall not be 24
construed to affect the definitions of ‘‘employer’’ or ‘‘em-25
ployee’’ under the laws of any State that govern the wages, 26
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work hours, workers’ compensation, or unemployment in-1
surance of employees. 2
SEC. 309. GAO REPORT. 3
(a) I
NGENERAL.—The Comptroller General, through 4
the Government Accountability Office, shall one year after 5
the date of enactment of this Act commence a study on 6
the impact of Section 101(a) and Section 101(b) of this 7
Act regarding— 8
(1) the effect on coverage of employees under of 9
the National Labor Relations Act, and the impact 10
from such change in coverage, on their capacity in 11
various sectors to form unions and collectively bar-12
gain as a means to improve wages, benefits, work-13
place safety, and other working conditions; and 14
(2) the effect on employers and other enter-15
prises regarding the right of employees to organize 16
and collectively bargain over wages, benefits, work-17
place safety, and other working conditions in such 18
sectors. 19
(b) F
ACTORS.—Such study shall identify, compare, 20
and analyze impacts from changes implicated by Section 21
101(a) and Section 101(b) on— 22
(1) flexibility for employees with respect to 23
hours, shifts, assignments and working arrange-24
ments; 25
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(2) rates of compensation, health care, and em-1
ployee benefits; 2
(3) resolution of grievances and disputes, in-3
cluding employers’ ability to terminate and employ-4
ees’ right to due process; 5
(4) use of technology or algorithms, including 6
the adoption of new technology and algorithms; and 7
(5) workplace safety and health. 8
(c) S
TAKEHOLDERINPUT.—In preparing the report, 9
the Government Accountability Office shall gather infor-10
mation from impacted stakeholders, including various 11
business enterprises and labor organizations. In devel-12
oping a list of stakeholders, the Government Account-13
ability Office shall consult with the House Committee on 14
Education and the Workforce and the Senate Committee 15
on Health, Education, Labor, and Pensions. 16
(d) C
ONGRESSIONALREPORT.—Six months after the 17
commencement of the study, the Government Account-18
ability Office shall transmit its findings and report to the 19
Committee on Education and the Workforce of the House 20
of Representatives and the Committee on Health, Edu-21
cation, Labor, and Pensions of the Senate, and consistent 22
with its policies, make its findings and report available to 23
the public. 24
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(e) PRESIDENTIALCONSIDERATION.—The President, 1
in consultation with the Department of Labor and other 2
agencies as the President deems appropriate, shall, subse-3
quent to the issuance of such report, consider such find-4
ings, and within 60 days may recommend that the House 5
of Representatives and the Senate modify section 101(a) 6
or section 101(b), or both or make no recommendations. 7
(f) S
ENSE OF THEHOUSE OFREPRESENTATIVES.— 8
It is the sense of the House of Representatives that the 9
House of Representatives shall consider whether to accept, 10
reject, or modify any recommendations received under (e), 11
as it deems appropriate. 12
Æ
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