II
Calendar No. 133
118THCONGRESS
1
STSESSION S. 567
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 SENATE OF THE UNITED STATES
FEBRUARY28, 2023
Mr. S
ANDERS(for himself, Mr. SCHUMER, Mrs. MURRAY, Ms. BALDWIN, Mr.
B
ENNET, Mr. BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Ms. CANTWELL,
Mr. C
ARDIN, Mr. CARPER, Mr. CASEY, Mr. COONS, Ms. CORTEZMASTO,
Ms. D
UCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Mr. FETTERMAN, Mrs.
G
ILLIBRAND, Ms. HASSAN, Mr. HEINRICH, Mr. HICKENLOOPER, Ms.
H
IRONO, Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. LUJA´N, Mr.
M
ANCHIN, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY,
Mr. O
SSOFF, Mr. PADILLA, Mr. PETERS, Mr. REED, Ms. ROSEN, Mr.
S
CHATZ, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Mr. TESTER, Mr.
V
ANHOLLEN, Mr. WARNOCK, Ms. WARREN, Mr. WELCH, Mr. WHITE-
HOUSE, and Mr. WYDEN) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
J
ULY18, 2023
Reported by Mr. S
ANDERS, without amendment
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.
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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
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. Severability.
Sec. 302. Authorization of appropriations.
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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
such person codetermines or shares control over the em-9
ployee’s essential terms and conditions of employment. In 10
determining whether such control exists, the Board or a 11
court of competent jurisdiction shall consider as relevant 12
direct control and indirect control over such terms and 13
conditions, reserved authority to control such terms and 14
conditions, and control over such terms and conditions ex-15
ercised by a person in fact: Provided, That nothing herein 16
precludes a finding that indirect or reserved control stand-17
ing alone can be sufficient given specific facts and cir-18
cumstances.’’. 19
(b) E
MPLOYEE.—Section 2(3) of the National Labor 20
Relations Act (29 U.S.C. 152(3)) is amended by adding 21
at the end the following: ‘‘An individual performing any 22
service shall be considered an employee (except as pro-23
vided in the previous sentence) and not an independent 24
contractor, unless— 25
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‘‘(A) the individual is free from control and 1
direction in connection with the performance of 2
the service, both under the contract for the per-3
formance of service and in fact; 4
‘‘(B) the service is performed outside the 5
usual course of the business of the employer; 6
and 7
‘‘(C) the individual is customarily engaged 8
in an independently established trade, occupa-9
tion, profession, or business of the same nature 10
as that involved in the service performed.’’. 11
(c) S
UPERVISOR.—Section 2(11) of the National 12
Labor Relations Act (29 U.S.C. 152(11)) is amended— 13
(1) by inserting ‘‘and for a majority of the indi-14
vidual’s worktime’’ after ‘‘interest of the employer’’; 15
(2) by striking ‘‘assign,’’; and 16
(3) by striking ‘‘or responsibly to direct them,’’. 17
SEC. 102. REPORTS. 18
Section 3(c) of the National Labor Relations Act (29 19
U.S.C. 153(c)) is amended— 20
(1) by striking ‘‘The Board’’ and inserting ‘‘(1) 21
The Board’’; and 22
(2) by adding at the end the following: 23
‘‘(2) Effective January 1, 2025, section 3003 of the 24
Federal Reports Elimination and Sunset Act of 1995 25
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(Public Law 104–66; 31 U.S.C. 1113 note) shall not apply 1
with respect to reports required under this subsection. 2
‘‘(3) Each report issued under this subsection shall— 3
‘‘(A) include no less detail than reports issued 4
by the Board prior to the termination of such re-5
ports under section 3003 of the Federal Reports 6
Elimination and Sunset Act of 1995 (Public Law 7
104–66; 31 U.S.C. 1113 note); 8
‘‘(B) list each case in which the Designated 9
Agency Ethics Official provided advice regarding 10
whether a Member should be recused from partici-11
pating in a case or rulemaking; and 12
‘‘(C) list each case in which the Designated 13
Agency Ethics Official determined that a Member 14
should be recused from participating in a case or 15
rulemaking.’’. 16
SEC. 103. APPOINTMENT. 17
Section 4(a) of the National Labor Relations Act (29 18
U.S.C. 154(a)) is amended by striking ‘‘, or for economic 19
analysis’’. 20
SEC. 104. UNFAIR LABOR PRACTICES. 21
Section 8 of the National Labor Relations Act (29 22
U.S.C. 158) is amended— 23
(1) in subsection (a)— 24
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(A) in paragraph (5), by striking the pe-1
riod and inserting ‘‘;’’; and 2
(B) by adding at the end the following: 3
‘‘(6) to promise, threaten, or take any action— 4
‘‘(A) to permanently replace an employee 5
who participates in a strike as defined by sec-6
tion 501(2) of the Labor Management Rela-7
tions Act, 1947 (29 U.S.C. 142(2)); 8
‘‘(B) to discriminate against an employee 9
who is working or has unconditionally offered to 10
return to work for the employer because the 11
employee supported or participated in such a 12
strike; or 13
‘‘(C) to lockout, suspend, or otherwise 14
withhold employment from employees in order 15
to influence the position of such employees or 16
the representative of such employees in collec-17
tive bargaining prior to a strike; and 18
‘‘(7) to communicate or misrepresent to an em-19
ployee under section 2(3) that such employee is ex-20
cluded from the definition of employee under section 21
2(3).’’; 22
(2) in subsection (b)— 23
(A) by striking paragraphs (4) and (7); 24
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(B) by redesignating paragraphs (5) and 1
(6) as paragraphs (4) and (5), respectively; 2
(C) in paragraph (4), as so redesignated, 3
by striking ‘‘affected;’’ and inserting ‘‘affected; 4
and’’; and 5
(D) in paragraph (5), as so redesignated, 6
by striking ‘‘; and’’ and inserting a period; 7
(3) in subsection (c), by striking the period at 8
the end and inserting the following: ‘‘: Provided, 9
That it shall be an unfair labor practice under sub-10
section (a)(1) for any employer to require or coerce 11
an employee to attend or participate in such employ-12
er’s campaign activities unrelated to the employee’s 13
job duties, including activities that are subject to the 14
requirements under section 203(b) of the Labor- 15
Management Reporting and Disclosure Act of 1959 16
(29 U.S.C. 433(b)).’’; 17
(4) in subsection (d)— 18
(A) by redesignating paragraphs (1) 19
through (4) as subparagraphs (A) through (D), 20
respectively; 21
(B) by striking ‘‘For the purposes of this 22
section’’ and inserting ‘‘(1) For purposes of this 23
section’’; 24
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(C) by inserting ‘‘and to maintain current 1
wages, hours, and terms and conditions of em-2
ployment pending an agreement’’ after ‘‘arising 3
thereunder’’; 4
(D) by inserting ‘‘: Provided, That an em-5
ployer’s duty to collectively bargain shall con-6
tinue absent decertification of the labor organi-7
zation following an election conducted pursuant 8
to section 9’’ after ‘‘making of a concession’’; 9
(E) by inserting ‘‘further’’ before ‘‘, That 10
where there is in effect’’; 11
(F) by striking ‘‘The duties imposed’’ and 12
inserting ‘‘(2) The duties imposed’’; 13
(G) by striking ‘‘by paragraphs (2), (3), 14
and (4)’’ and inserting ‘‘by subparagraphs (B), 15
(C), and (D) of paragraph (1)’’; 16
(H) by striking ‘‘section 8(d)(1)’’ and in-17
serting ‘‘paragraph (1)(A)’’; 18
(I) by striking ‘‘section 8(d)(3)’’ each place 19
it appears and inserting ‘‘paragraph (1)(C)’’; 20
(J) by striking ‘‘section 8(d)(4)’’ and in-21
serting ‘‘paragraph (1)(D)’’; and 22
(K) by adding at the end the following: 23
‘‘(3) Whenever collective bargaining is for the pur-24
pose of establishing an initial collective bargaining agree-25
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ment following certification or recognition of a labor orga-1
nization, the following shall apply: 2
‘‘(A) Not later than 10 days after receiving a 3
written request for collective bargaining from an in-4
dividual or labor organization that has been newly 5
recognized or certified as a representative as defined 6
in section 9(a), or within such further period as the 7
parties agree upon, the parties shall meet and com-8
mence to bargain collectively and shall make every 9
reasonable effort to conclude and sign a collective 10
bargaining agreement. 11
‘‘(B) If after the expiration of the 90-day pe-12
riod beginning on the date on which bargaining is 13
commenced, or such additional period as the parties 14
may agree upon, the parties have failed to reach an 15
agreement, either party may notify the Federal Me-16
diation and Conciliation Service of the existence of 17
a dispute and request mediation. Whenever such a 18
request is received, it shall be the duty of the Service 19
promptly to put itself in communication with the 20
parties and to use its best efforts, by mediation and 21
conciliation, to bring them to agreement. 22
‘‘(C) If after the expiration of the 30-day period 23
beginning on the date on which the request for me-24
diation is made under subparagraph (B), or such ad-25
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ditional period as the parties may agree upon, the 1
Service is not able to bring the parties to agreement 2
by conciliation, the Service shall refer the dispute to 3
a tripartite arbitration panel established in accord-4
ance with such regulations as may be prescribed by 5
the Service, with one member selected by the labor 6
organization, one member selected by the employer, 7
and one neutral member mutually agreed to by the 8
parties. The labor organization and employer must 9
each select the members of the tripartite arbitration 10
panel within 14 days of the Service’s referral; if the 11
labor organization or employer fail to do so, the 12
Service shall designate any members not selected by 13
the labor organization or the employer. A majority 14
of the tripartite arbitration panel shall render a deci-15
sion settling the dispute and such decision shall be 16
binding upon the parties for a period of 2 years, un-17
less amended during such period by written consent 18
of the parties. Such decision shall be based on— 19
‘‘(i) the employer’s financial status and 20
prospects; 21
‘‘(ii) the size and type of the employer’s 22
operations and business; 23
‘‘(iii) the employees’ cost of living; 24
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‘‘(iv) the employees’ ability to sustain 1
themselves, their families, and their dependents 2
on the wages and benefits they earn from the 3
employer; and 4
‘‘(v) the wages and benefits other employ-5
ers in the same business provide their employ-6
ees.’’; 7
(5) by amending subsection (e) to read as fol-8
lows: 9
‘‘(e) Notwithstanding chapter 1 of title 9, United 10
States Code (commonly known as the ‘Federal Arbitration 11
Act’), or any other provision of law, it shall be an unfair 12
labor practice under subsection (a)(1) for any employer— 13
‘‘(1) to enter into or attempt to enforce any 14
agreement, express or implied, whereby prior to a 15
dispute to which the agreement applies, an employee 16
undertakes or promises not to pursue, bring, join, 17
litigate, or support any kind of joint, class, or collec-18
tive claim arising from or relating to the employ-19
ment of such employee in any forum that, but for 20
such agreement, is of competent jurisdiction; 21
‘‘(2) to coerce an employee into undertaking or 22
promising not to pursue, bring, join, litigate, or sup-23
port any kind of joint, class, or collective claim aris-24
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ing from or relating to the employment of such em-1
ployee; or 2
‘‘(3) to retaliate or threaten to retaliate against 3
an employee for refusing to undertake or promise 4
not to pursue, bring, join, litigate, or support any 5
kind of joint, class, or collective claim arising from 6
or relating to the employment of such employee: 7
Provided, That any agreement that violates this subsection 8
or results from a violation of this subsection shall be to 9
such extent unenforceable and void: Provided further, That 10
this subsection shall not apply to any agreement embodied 11
in or expressly permitted by a contract between an em-12
ployer and a labor organization.’’; 13
(6) in subsection (g), by striking ‘‘clause (B) of 14
the last sentence of section 8(d) of this Act’’ and in-15
serting ‘‘subsection (d)(2)(B)’’; and 16
(7) by adding at the end the following: 17
‘‘(h)(1) The Board shall promulgate regulations re-18
quiring each employer to post and maintain, in con-19
spicuous places where notices to employees and applicants 20
for employment are customarily posted both physically and 21
electronically, a notice setting forth the rights and protec-22
tions afforded employees under this Act. The Board shall 23
make available to the public the form and text of such 24
notice. The Board shall promulgate regulations requiring 25
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employers to notify each new employee of the information 1
contained in the notice described in the preceding two sen-2
tences. 3
‘‘(2) Whenever the Board directs an election under 4
section 9(c) or approves an election agreement, the em-5
ployer of employees in the bargaining unit shall, not later 6
than 2 business days after the Board directs such election 7
or approves such election agreement, provide a voter list 8
to a labor organization that has petitioned to represent 9
such employees. Such voter list shall include the names 10
of all employees in the bargaining unit and such employ-11
ees’ home addresses, work locations, shifts, job classifica-12
tions, and, if available to the employer, personal landline 13
and mobile telephone numbers, and work and personal 14
email addresses; such voter list shall be provided in a 15
searchable electronic format generally approved by the 16
Board unless the employer certifies that the employer does 17
not possess the capacity to produce the list in the required 18
form. Not later than 9 months after the date of enactment 19
of the Richard L. Trumka Protecting the Right to Orga-20
nize Act of 2023, the Board shall promulgate regulations 21
implementing the requirements of this paragraph. 22
‘‘(i) The rights of an employee under section 7 in-23
clude the right to use electronic communication devices 24
and systems (including computers, laptops, tablets, inter-25
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net access, email, cellular telephones, or other company 1
equipment) of the employer of such employee to engage 2
in activities protected under section 7 if such employer has 3
given such employee access to such devices and systems 4
in the course of the work of such employee, absent a com-5
pelling business rationale for denying or limiting such 6
use.’’. 7
SEC. 105. REPRESENTATIVES AND ELECTIONS. 8
Section 9 of the National Labor Relations Act (29 9
U.S.C. 159) is amended— 10
(1) in subsection (c)— 11
(A) by amending paragraph (1) to read as 12
follows: 13
‘‘(1) Whenever a petition shall have been filed, in ac-14
cordance with such regulations as may be prescribed by 15
the Board, by an employee or group of employees or any 16
individual or labor organization acting in their behalf al-17
leging that a substantial number of employees (i) wish to 18
be represented for collective bargaining and that their em-19
ployer declines to recognize their representative as the rep-20
resentative defined in section 9(a), or (ii) assert that the 21
individual or labor organization, which has been certified 22
or is being recognized by their employer as the bargaining 23
representative, is no longer a representative as defined in 24
section 9(a), the Board shall investigate such petition and 25
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if it has reasonable cause to believe that a question of rep-1
resentation affecting commerce exists shall provide for an 2
appropriate hearing upon due notice. Such hearing may 3
be conducted by an officer or employee of the regional of-4
fice, who shall not make any recommendations with re-5
spect thereto. If the Board finds upon the record of such 6
hearing that such a question of representation exists, it 7
shall direct an election by secret ballot and shall certify 8
the results thereof. The Board shall find the labor organi-9
zation’s proposed unit to be appropriate if the employees 10
in the proposed unit share a community of interest, and 11
if the employees outside the unit do not share an over-12
whelming community of interest with employees inside. At 13
the request of the labor organization, the Board shall di-14
rect that the election be conducted through certified mail, 15
electronically, at the work location, or at a location other 16
than one owned or controlled by the employer. No em-17
ployer shall have standing as a party or to intervene in 18
any representation proceeding under this section.’’; 19
(B) in paragraph (3), by striking ‘‘an eco-20
nomic strike who are not entitled to reinstate-21
ment’’ and inserting ‘‘a strike’’; 22
(C) by redesignating paragraphs (4) and 23
(5) as paragraphs (6) and (7), respectively; 24
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(D) by inserting after paragraph (3) the 1
following: 2
‘‘(4) If the Board finds that, in an election under 3
paragraph (1), a majority of the valid votes cast in a unit 4
appropriate for purposes of collective bargaining have been 5
cast in favor of representation by the labor organization, 6
the Board shall certify the labor organization as the rep-7
resentative of the employees in such unit and shall issue 8
an order requiring the employer of such employees to col-9
lectively bargain with the labor organization in accordance 10
with section 8(d). This order shall be deemed an order 11
under section 10(c) of this Act, without need for a deter-12
mination of an unfair labor practice. 13
‘‘(5)(A) If the Board finds that, in an election under 14
paragraph (1), a majority of the valid votes cast in a unit 15
appropriate for purposes of collective bargaining have not 16
been cast in favor of representation by the labor organiza-17
tion, the Board shall certify the results of the election, 18
subject to subparagraphs (B) and (C). 19
‘‘(B) In any case in which a majority of the valid 20
votes cast in a unit appropriate for purposes of collective 21
bargaining have not been cast in favor of representation 22
by the labor organization and the Board determines, fol-23
lowing a post-election hearing, that the employer has com-24
mitted a violation of this Act or otherwise interfered with 25
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a fair election, and the employer has not demonstrated 1
that the violation or other interference is unlikely to have 2
affected the outcome of the election, the Board shall, with-3
out ordering a new election, set aside the election and cer-4
tify the labor organization as the representative of the em-5
ployees in such unit and issue an order requiring the em-6
ployer to bargain with the labor organization in accord-7
ance with section 8(d) if, at any time during the period 8
beginning 1 year preceding the date of the commencement 9
of the election and ending on the date upon which the 10
Board makes the determination of a violation or other in-11
terference, a majority of the employees in the bargaining 12
unit have signed authorizations designating the labor or-13
ganization as their collective bargaining representative. 14
‘‘(C) In any case where the Board determines that 15
an election under this paragraph should be set aside, the 16
Board shall direct a new election with appropriate addi-17
tional safeguards necessary to ensure a fair election proc-18
ess, except in cases where the Board issues a bargaining 19
order under subparagraph (B).’’; and 20
(E) by inserting after paragraph (7), as so 21
redesignated, the following: 22
‘‘(8) Except under extraordinary circumstances— 23
‘‘(A) a pre-election hearing under this sub-24
section shall begin not later than 8 days after a no-25
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tice of such hearing is served on the labor organiza-1
tion and shall continue from day to day until com-2
pleted; 3
‘‘(B) a regional director shall transmit the no-4
tice of election at the same time as the direction of 5
election, and shall transmit such notice and such di-6
rection electronically (including transmission by 7
email or facsimile) or by overnight mail if electronic 8
transmission is unavailable; 9
‘‘(C) not later than 2 days after the service of 10
the notice of hearing, the employer shall— 11
‘‘(i) post the Notice of Petition for Elec-12
tion in conspicuous places, including all places 13
where notices to employees are customarily 14
posted; 15
‘‘(ii) if the employer customarily commu-16
nicates with employees electronically, distribute 17
such Notice electronically; and 18
‘‘(iii) maintain such posting until the peti-19
tion is dismissed or withdrawn or the Notice of 20
Petition for Election is replaced by the Notice 21
of Election; 22
‘‘(D) regional directors shall schedule elections 23
for the earliest date practicable, but not later than 24
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the 20th business day after the direction of election; 1
and 2
‘‘(E) a post-election hearing under this sub-3
section shall begin not later than 14 days after the 4
filing of objections, if any.’’; 5
(2) in subsection (d), by striking ‘‘(e) or’’ and 6
inserting ‘‘(d) or’’; and 7
(3) by adding at the end the following: 8
‘‘(f) The Board shall dismiss any petition for an elec-9
tion with respect to a bargaining unit or any subdivision 10
if, during the 12-month period ending on the date on 11
which the petition is filed— 12
‘‘(1) the employer has recognized a labor orga-13
nization without an election and in accordance with 14
this Act; 15
‘‘(2) the labor organization and employer en-16
gaged in their first bargaining session following the 17
issuance of a bargaining order by the Board; or 18
‘‘(3) the labor organization and successor em-19
ployer engaged in their first bargaining session fol-20
lowing a succession. 21
‘‘(g) The Board shall dismiss any petition for an elec-22
tion with respect to a bargaining unit or any subdivision 23
if there is in effect a lawful written collective bargaining 24
agreement between the employer and an exclusive rep-25
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resentative covering any employees in the unit specified 1
in the petition, unless the petition is filed— 2
‘‘(1) on or after the date that is 3 years after 3
the date on which the collective bargaining agree-4
ment took effect; or 5
‘‘(2) during the 30-day period beginning on the 6
date that is 90 days before the date that is 3 years 7
after the date on which the collective bargaining 8
agreement took effect. 9
‘‘(h) The Board shall suspend the processing of any 10
petition for an election with respect to a bargaining unit 11
or any subdivision if a labor organization files an unfair 12
labor practice charge alleging a violation of section 8(a) 13
and requesting the suspension of a pending petition until 14
the unlawful conduct, if any, is remedied or the charge 15
is dismissed unless the Board determines that employees 16
can, under the circumstances, exercise free choice in an 17
election despite the unlawful conduct alleged in the 18
charge.’’. 19
SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 20
Section 10(c) of the National Labor Relations Act 21
(29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 22
him’’ and inserting ‘‘suffered by such employee: Provided 23
further, That if the Board finds that an employer has dis-24
criminated against an employee in violation of paragraph 25
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(3) or (4) of section 8(a) or has committed a violation 1
of section 8(a) that results in the discharge of an employee 2
or other serious economic harm to an employee, the Board 3
shall award the employee back pay without any reduction 4
(including any reduction based on the employee’s interim 5
earnings or failure to earn interim earnings), front pay 6
(when appropriate), consequential damages, and an addi-7
tional amount as liquidated damages equal to two times 8
the amount of damages awarded: Provided further, no re-9
lief under this subsection shall be denied on the basis that 10
the employee is, or was during the time of relevant em-11
ployment or during the back pay period, an unauthorized 12
alien as defined in section 274A(h)(3) of the Immigration 13
and Nationality Act (8 U.S.C. 1324a(h)(3)) or any other 14
provision of Federal law relating to the unlawful employ-15
ment of aliens’’. 16
SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 17
BOARD. 18
(a) I
NGENERAL.—Section 10 of the National Labor 19
Relations Act (29 U.S.C. 160) is further amended— 20
(1) by striking subsection (e); 21
(2) by redesignating subsection (d) as sub-22
section (e); 23
(3) by inserting after subsection (c) the fol-24
lowing: 25
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‘‘(d)(1) Each order of the Board shall take effect 1
upon issuance of such order, unless otherwise directed by 2
the Board, and shall remain in effect unless modified by 3
the Board or unless a court of competent jurisdiction 4
issues a superseding order. 5
‘‘(2) Any person who fails or neglects to obey an 6
order of the Board shall forfeit and pay to the Board a 7
civil penalty of not more than $10,000 for each violation, 8
which shall accrue to the United States and may be recov-9
ered in a civil action brought by the Board to the district 10
court of the United States in which the unfair labor prac-11
tice or other subject of the order occurred, or in which 12
such person or entity resides or transacts business. No ac-13
tion by the Board under this paragraph may be made until 14
30 days following the issuance of an order. Each separate 15
violation of such an order shall be a separate offense, ex-16
cept that, in the case of a violation in which a person fails 17
to obey or neglects to obey a final order of the Board, 18
each day such failure or neglect continues shall be deemed 19
a separate offense. 20
‘‘(3) If, after having provided a person or entity with 21
notice and an opportunity to be heard regarding a civil 22
action under paragraph (2) for the enforcement of an 23
order, the court determines that the order was regularly 24
made and duly served, and that the person or entity is 25
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in disobedience of the same, the court shall enforce obedi-1
ence to such order by an injunction or other proper proc-2
ess, mandatory or otherwise, to— 3
‘‘(A) restrain such person or entity or the offi-4
cers, agents, or representatives of such person or en-5
tity, from further disobedience to such order; or 6
‘‘(B) enjoin such person or entity, officers, 7
agents, or representatives to obedience to the 8
same.’’; 9
(4) in subsection (f)— 10
(A) by striking ‘‘proceed in the same man-11
ner as in the case of an application by the 12
Board under subsection (e) of this section,’’ and 13
inserting ‘‘proceed as provided under paragraph 14
(2) of this subsection’’; 15
(B) by striking ‘‘Any’’ and inserting ‘‘(1) 16
Within 30 days of the issuance of an order, 17
any’’; and 18
(C) by adding at the end the following: 19
‘‘(2) No objection that has not been urged before the 20
Board, its member, agent, or agency shall be considered 21
by a court, unless the failure or neglect to urge such objec-22
tion shall be excused because of extraordinary cir-23
cumstances. The findings of the Board with respect to 24
questions of fact if supported by substantial evidence on 25
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the record considered as a whole shall be conclusive. If 1
either party shall apply to the court for leave to adduce 2
additional evidence and shall show to the satisfaction of 3
the court that such additional evidence is material and 4
that there were reasonable grounds for the failure to ad-5
duce such evidence in the hearing before the Board, its 6
member, agent, or agency, the court may order such addi-7
tional evidence to be taken before the Board, its member, 8
agent, or agency, and to be made a part of the record. 9
The Board may modify its findings as to the facts, or 10
make new findings, by reason of additional evidence so 11
taken and filed, and it shall file such modified or new find-12
ings, which findings with respect to questions of fact if 13
supported by substantial evidence on the record considered 14
as a whole shall be conclusive, and shall file its rec-15
ommendations, if any, for the modification or setting aside 16
of its original order. Upon the filing of the record with 17
it the jurisdiction of the court shall be exclusive and its 18
judgment and decree shall be final, except that the same 19
shall be subject to review by the appropriate United States 20
court of appeals if application was made to the district 21
court, and by the Supreme Court of the United States 22
upon writ of certiorari or certification as provided in sec-23
tion 1254 of title 28, United States Code.’’; and 24
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(5) in subsection (g), by striking ‘‘subsection 1
(e) or (f) of this section’’ and inserting ‘‘subsection 2
(d) or (f)’’. 3
(b) C
ONFORMINGAMENDMENT.—Section 18 of the 4
National Labor Relations Act (29 U.S.C. 168) is amended 5
by striking ‘‘ section 10(e) or (f)’’ and inserting ‘‘sub-6
section (d) or (f) of section 10’’. 7
SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC-8
TICES INVOLVING DISCHARGE OR OTHER SE-9
RIOUS ECONOMIC HARM. 10
Section 10 of the National Labor Relations Act (29 11
U.S.C. 160) is amended— 12
(1) in subsection (j)— 13
(A) by striking ‘‘The Board’’ and inserting 14
‘‘(1) The Board’’; and 15
(B) by adding at the end the following: 16
‘‘(2) Notwithstanding subsection (m), whenever it is 17
charged that an employer has engaged in an unfair labor 18
practice within the meaning of paragraph (1), (3), or (4) 19
of section 8(a) that significantly interferes with, restrains, 20
or coerces employees in the exercise of the rights guaran-21
teed under section 7, or involves discharge or other serious 22
economic harm to an employee, the preliminary investiga-23
tion of such charge shall be made forthwith and given pri-24
ority over all other cases except cases of like character 25
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in the office where it is filed or to which it is referred. 1
If, after such investigation, the officer or regional attorney 2
to whom the matter may be referred has reasonable cause 3
to believe such charge is true and that a complaint should 4
issue, such officer or attorney shall bring a petition for 5
appropriate temporary relief or restraining order as set 6
forth in paragraph (1). The district court shall grant the 7
relief requested unless the court concludes that there is 8
no reasonable likelihood that the Board will succeed on 9
the merits of the Board’s claim.’’; and 10
(2) by repealing subsections (k) and (l). 11
SEC. 109. PENALTIES. 12
(a) I
NGENERAL.—Section 12 of the National Labor 13
Relations Act (29 U.S.C. 162) is amended— 14
(1) by striking ‘‘
SEC. 12. Any person’’ and in-15
serting the following: 16
‘‘SEC. 12. PENALTIES. 17
‘‘(a) V
IOLATIONS FOR INTERFERENCE WITH 18
B
OARD.—Any person’’; and 19
(2) by adding at the end the following: 20
‘‘(b) V
IOLATIONS FORPOSTINGREQUIREMENTS AND 21
V
OTERLIST.—If the Board, or any agent or agency des-22
ignated by the Board for such purposes, determines that 23
an employer has violated section 8(h) or regulations issued 24
thereunder, the Board shall— 25
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‘‘(1) state the findings of fact supporting such 1
determination; 2
‘‘(2) issue and cause to be served on such em-3
ployer an order requiring that such employer comply 4
with section 8(h) or regulations issued thereunder; 5
and 6
‘‘(3) impose a civil penalty in an amount deter-7
mined appropriate by the Board, except that in no 8
case shall the amount of such penalty exceed $500 9
for each such violation. 10
‘‘(c) C
IVILPENALTIES FORVIOLATIONS.— 11
‘‘(1) I
N GENERAL.—Any employer who commits 12
an unfair labor practice within the meaning of sec-13
tion 8(a) shall, in addition to any remedy ordered by 14
the Board, be subject to a civil penalty in an amount 15
not to exceed $50,000 for each violation, except 16
that, with respect to an unfair labor practice within 17
the meaning of paragraph (3) or (4) of section 8(a) 18
or a violation of section 8(a) that results in the dis-19
charge of an employee or other serious economic 20
harm to an employee, the Board shall double the 21
amount of such penalty, to an amount not to exceed 22
$100,000, in any case where the employer has with-23
in the preceding 5 years committed another such 24
violation. 25
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‘‘(2) CONSIDERATIONS.—In determining the 1
amount of any civil penalty under this subsection, 2
the Board shall consider— 3
‘‘(A) the gravity of the unfair labor prac-4
tice; 5
‘‘(B) the impact of the unfair labor prac-6
tice on the charging party, on other persons 7
seeking to exercise rights guaranteed by this 8
Act, and on the public interest; and 9
‘‘(C) the gross income of the employer. 10
‘‘(3) D
IRECTOR AND OFFICER LIABILITY .—If 11
the Board determines, based on the particular facts 12
and circumstances presented, that a director or offi-13
cer’s personal liability is warranted, a civil penalty 14
for a violation described in this subsection may also 15
be assessed against any director or officer of the em-16
ployer who directed or committed the violation, had 17
established a policy that led to such a violation, or 18
had actual or constructive knowledge of and the au-19
thority to prevent the violation and failed to prevent 20
the violation. 21
‘‘(d) R
IGHT TOCIVILACTION.— 22
‘‘(1) I
N GENERAL.—Any person who is injured 23
by reason of a violation of paragraph (1), (3), or (4) 24
of section 8(a) may, after 60 days following the fil-25
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ing of a charge with the Board alleging an unfair 1
labor practice, bring a civil action in the appropriate 2
district court of the United States against the em-3
ployer within 90 days after the expiration of the 60- 4
day period or the date the Board notifies the person 5
that no complaint shall issue, whichever occurs ear-6
lier, provided that the Board has not filed a petition 7
under section 10(j) of this Act prior to the expira-8
tion of the 60-day period. No relief under this sub-9
section shall be denied on the basis that the em-10
ployee is, or was during the time of relevant employ-11
ment or during the back pay period, an unauthor-12
ized alien as defined in section 274A(h)(3) of the 13
Immigration and Nationality Act (8 U.S.C. 14
1324a(h)(3)) or any other provision of Federal law 15
relating to the unlawful employment of aliens. 16
‘‘(2) A
VAILABLE RELIEF.—Relief granted in an 17
action under paragraph (1) may include— 18
‘‘(A) back pay without any reduction, in-19
cluding any reduction based on the employee’s 20
interim earnings or failure to earn interim earn-21
ings; 22
‘‘(B) front pay (when appropriate); 23
‘‘(C) consequential damages; 24
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‘‘(D) an additional amount as liquidated 1
damages equal to two times the cumulative 2
amount of damages awarded under subpara-3
graphs (A) through (C); 4
‘‘(E) in appropriate cases, punitive dam-5
ages in accordance with paragraph (4); and 6
‘‘(F) any other relief authorized by section 7
706(g) of the Civil Rights Act of 1964 (42 8
U.S.C. 2000e–5(g)) or by section 1977A(b) of 9
the Revised Statutes (42 U.S.C. 1981a(b)). 10
‘‘(3) A
TTORNEY’S FEES.—In any civil action 11
under this subsection, the court may allow the pre-12
vailing party a reasonable attorney’s fee (including 13
expert fees) and other reasonable costs associated 14
with maintaining the action. 15
‘‘(4) P
UNITIVE DAMAGES.—In awarding puni-16
tive damages under paragraph (2)(E), the court 17
shall consider— 18
‘‘(A) the gravity of the unfair labor prac-19
tice; 20
‘‘(B) the impact of the unfair labor prac-21
tice on the charging party, on other persons 22
seeking to exercise rights guaranteed by this 23
Act, and on the public interest; and 24
‘‘(C) the gross income of the employer.’’. 25
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(b) CONFORMINGAMENDMENTS.—Section 10(b) of 1
the National Labor Relations Act (29 U.S.C. 160(b)) is 2
amended— 3
(1) by striking ‘‘six months’’ and inserting 4
‘‘180 days’’; and 5
(2) by striking ‘‘the six-month period’’ and in-6
serting ‘‘the 180-day period’’. 7
SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. 8
Section 13 of the National Labor Relations Act (29 9
U.S.C. 163) is amended by striking the period at the end 10
and inserting the following: ‘‘: Provided, That the dura-11
tion, scope, frequency, or intermittence of any strike or 12
strikes shall not render such strike or strikes unprotected 13
or prohibited.’’. 14
SEC. 111. FAIR SHARE AGREEMENTS PERMITTED. 15
Section 14(b) of the National Labor Relations Act 16
(29 U.S.C. 164(b)) is amended by striking the period at 17
the end and inserting the following: ‘‘: Provided, That col-18
lective bargaining agreements providing that all employees 19
in a bargaining unit shall contribute fees to a labor organi-20
zation for the cost of representation, collective bargaining, 21
contract enforcement, and related expenditures as a condi-22
tion of employment shall be valid and enforceable notwith-23
standing any State or Territorial law.’’. 24
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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
Section 203(c) of the Labor-Management Reporting 23
and Disclosure Act of 1959 (29 U.S.C. 433(c)) is amended 24
by striking the period at the end and inserting the fol-25
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lowing ‘‘: Provided, That this subsection shall not exempt 1
from the requirements of this section any arrangement or 2
part of an arrangement in which a party agrees, for an 3
object described in subsection (b)(1), to plan or conduct 4
employee meetings; train supervisors or employer rep-5
resentatives to conduct meetings; coordinate or direct ac-6
tivities of supervisors or employer representatives; estab-7
lish or facilitate employee committees; identify employees 8
for disciplinary action, reward, or other targeting; or draft 9
or revise employer personnel policies, speeches, presen-10
tations, or other written, recorded, or electronic commu-11
nications to be delivered or disseminated to employees.’’. 12
TITLE III—OTHER MATTERS 13
SEC. 301. SEVERABILITY. 14
If any provision of this Act or the application thereof 15
to any person or circumstance is held invalid, the remain-16
der of this Act, or the application of that provision to per-17
sons or circumstances other than those as to which it is 18
held invalid, is not affected thereby. 19
SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 20
There are authorized to be appropriated such sums 21
as may be necessary to carry out the provisions of this 22
Act and the amendments made by this Act. 23
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133
118
TH
CONGRESS
1
ST
S
ESSION
S. 567 A BILL
To amend the National Labor Relations Act, the
Labor Management Relations Act, 1947, and the
Labor-Management Reporting and Disclosure
Act of 1959, and for other purposes.
J
ULY
18, 2023
Reported without amendment
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