Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB852 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 852
5	5	To amend the National Labor Relations Act, the Labor Management Rela-
6	6	tions Act, 1947, and the Labor-Management Reporting and Disclosure
7	7	Act of 1959, and for other purposes.
8	8	IN THE SENATE OF THE UNITED STATES
9	9	MARCH5, 2025
10	10	Mr. S
11	11	ANDERS(for himself, Mrs. MURRAY, Mr. SCHUMER, Ms. ALSOBROOKS,
12	12	Ms. B
13	13	ALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Ms. BLUNTROCH-
14	14	ESTER, Mr. BOOKER, Ms. CANTWELL, Mr. COONS, Ms. CORTEZMASTO,
15	15	Ms. D
16	16	UCKWORTH, Mr. DURBIN, Mr. FETTERMAN, Mr. GALLEGO, Mrs.
17	17	G
18	18	ILLIBRAND, Ms. HASSAN, Mr. HEINRICH, Mr. HICKENLOOPER, Ms.
19	19	H
20	20	IRONO, Mr. KAINE, Mr. KELLY, Mr. KIM, Mr. KING, Ms. KLOBUCHAR,
21	21	Mr. L
22	22	UJA´N, Mr. MARKEY, Mr. MERKLEY, Mr. MURPHY, Mr. OSSOFF,
23	23	Mr. P
24	24	ADILLA, Mr. PETERS, Mr. REED, Ms. ROSEN, Mr. SCHATZ, Mr.
25	25	S
26	26	CHIFF, Mrs. SHAHEEN, Ms. SLOTKIN, Ms. SMITH, Mr. VANHOLLEN,
27	27	Mr. W
28	28	ARNOCK, Ms. WARREN, Mr. WELCH, Mr. WHITEHOUSE, and Mr.
29	29	W
30	30	YDEN) introduced the following bill; which was read twice and referred
31	31	to the Committee on Health, Education, Labor, and Pensions
32	32	A BILL
33	33	To amend the National Labor Relations Act, the Labor
34	34	Management Relations Act, 1947, and the Labor-Man-
35	35	agement Reporting and Disclosure Act of 1959, and
36	36	for other purposes.
37	37	Be it enacted by the Senate and House of Representa-1
38	38	tives of the United States of America in Congress assembled, 2
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41	41	•S 852 IS
42	42	SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1
43	43	(a) S
44	44	HORTTITLE.—This Act may be cited as the 2
45	45	‘‘Richard L. Trumka Protecting the Right to Organize Act 3
46	46	of 2025’’. 4
47	47	(b) T
48	48	ABLE OFCONTENTS.—The table of contents for 5
49	49	this Act is as follows: 6
50	50	Sec. 1. Short title; table of contents.
51	51	TITLE I—AMENDMENTS TO THE NATIONAL LABOR RELATIONS
52	52	ACT
53	53	Sec. 101. Definitions.
54	54	Sec. 102. Reports.
55	55	Sec. 103. Appointment.
56	56	Sec. 104. Unfair labor practices.
57	57	Sec. 105. Representatives and elections.
58	58	Sec. 106. Damages for unfair labor practices.
59	59	Sec. 107. Enforcing compliance with orders of the Board.
60	60	Sec. 108. Injunctions against unfair labor practices involving discharge or other
61	61	serious economic harm.
62	62	Sec. 109. Penalties.
63	63	Sec. 110. Limitations on the right to strike.
64	64	Sec. 111. Fair share agreements permitted.
65	65	TITLE II—AMENDMENTS TO THE LABOR MANAGEMENT RELA-
66	66	TIONS ACT, 1947, AND THE LABOR-MANAGEMENT REPORTING
67	67	AND DISCLOSURE ACT OF 1959
68	68	Sec. 201. Conforming amendments to the Labor Management Relations Act,
69	69	1947.
70	70	Sec. 202. Amendments to the Labor-Management Reporting and Disclosure Act
71	71	of 1959.
72	72	TITLE III—OTHER MATTERS
73	73	Sec. 301. Severability.
74	74	Sec. 302. Authorization of appropriations.
75	75	TITLE I—AMENDMENTS TO THE 7
76	76	NATIONAL LABOR RELATIONS 8
77	77	ACT 9
78	78	SEC. 101. DEFINITIONS. 10
79	79	(a) J
80	80	OINTEMPLOYER.—Section 2(2) of the National 11
81	81	Labor Relations Act (29 U.S.C. 152(2)) is amended by 12
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84	84	•S 852 IS
85	85	adding at the end the following: ‘‘Two or more persons 1
86	86	shall be employers with respect to an employee if each 2
87	87	such person codetermines or shares control over the em-3
88	88	ployee’s essential terms and conditions of employment. In 4
89	89	determining whether such control exists, the Board or a 5
90	90	court of competent jurisdiction shall consider as relevant 6
91	91	direct control and indirect control over such terms and 7
92	92	conditions, reserved authority to control such terms and 8
93	93	conditions, and control over such terms and conditions ex-9
94	94	ercised by a person in fact: Provided, That nothing herein 10
95	95	precludes a finding that indirect or reserved control stand-11
96	96	ing alone can be sufficient given specific facts and cir-12
97	97	cumstances.’’. 13
98	98	(b) E
99	99	MPLOYEE.—Section 2(3) of the National Labor 14
100	100	Relations Act (29 U.S.C. 152(3)) is amended by adding 15
101	101	at the end the following: ‘‘An individual performing any 16
102	102	service shall be considered an employee (except as pro-17
103	103	vided in the previous sentence) and not an independent 18
104	104	contractor, unless— 19
105	105	‘‘(A) the individual is free from control and 20
106	106	direction in connection with the performance of 21
107	107	the service, both under the contract for the per-22
108	108	formance of service and in fact; 23
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112	112	‘‘(B) the service is performed outside the 1
113	113	usual course of the business of the employer; 2
114	114	and 3
115	115	‘‘(C) the individual is customarily engaged 4
116	116	in an independently established trade, occupa-5
117	117	tion, profession, or business of the same nature 6
118	118	as that involved in the service performed.’’. 7
119	119	(c) S
120	120	UPERVISOR.—Section 2(11) of the National 8
121	121	Labor Relations Act (29 U.S.C. 152(11)) is amended— 9
122	122	(1) by inserting ‘‘and for a majority of the indi-10
123	123	vidual’s worktime’’ after ‘‘interest of the employer’’; 11
124	124	(2) by striking ‘‘assign,’’; and 12
125	125	(3) by striking ‘‘or responsibly to direct them,’’. 13
126	126	SEC. 102. REPORTS. 14
127	127	Section 3(c) of the National Labor Relations Act (29 15
128	128	U.S.C. 153(c)) is amended— 16
129	129	(1) by striking ‘‘The Board’’ and inserting ‘‘(1) 17
130	130	The Board’’; and 18
131	131	(2) by adding at the end the following: 19
132	132	‘‘(2) Effective January 1, 2027, section 3003 of the 20
133	133	Federal Reports Elimination and Sunset Act of 1995 21
134	134	(Public Law 104–66; 31 U.S.C. 1113 note) shall not apply 22
135	135	with respect to reports required under this subsection. 23
136	136	‘‘(3) Each report issued under this subsection shall— 24
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140	140	‘‘(A) include no less detail than reports issued 1
141	141	by the Board prior to the termination of such re-2
142	142	ports under section 3003 of the Federal Reports 3
143	143	Elimination and Sunset Act of 1995 (Public Law 4
144	144	104–66; 31 U.S.C. 1113 note); 5
145	145	‘‘(B) list each case in which the Designated 6
146	146	Agency Ethics Official provided advice regarding 7
147	147	whether a Member should be recused from partici-8
148	148	pating in a case or rulemaking; and 9
149	149	‘‘(C) list each case in which the Designated 10
150	150	Agency Ethics Official determined that a Member 11
151	151	should be recused from participating in a case or 12
152	152	rulemaking.’’. 13
153	153	SEC. 103. APPOINTMENT. 14
154	154	Section 4(a) of the National Labor Relations Act (29 15
155	155	U.S.C. 154(a)) is amended by striking ‘‘, or for economic 16
156	156	analysis’’. 17
157	157	SEC. 104. UNFAIR LABOR PRACTICES. 18
158	158	Section 8 of the National Labor Relations Act (29 19
159	159	U.S.C. 158) is amended— 20
160	160	(1) in subsection (a)— 21
161	161	(A) in paragraph (5), by striking the pe-22
162	162	riod and inserting ‘‘;’’; and 23
163	163	(B) by adding at the end the following: 24
164	164	‘‘(6) to promise, threaten, or take any action— 25
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168	168	‘‘(A) to permanently replace an employee 1
169	169	who participates in a strike as defined by sec-2
170	170	tion 501(2) of the Labor Management Rela-3
171	171	tions Act, 1947 (29 U.S.C. 142(2)); 4
172	172	‘‘(B) to discriminate against an employee 5
173	173	who is working or has unconditionally offered to 6
174	174	return to work for the employer because the 7
175	175	employee supported or participated in such a 8
176	176	strike; or 9
177	177	‘‘(C) to lockout, suspend, or otherwise 10
178	178	withhold employment from employees in order 11
179	179	to influence the position of such employees or 12
180	180	the representative of such employees in collec-13
181	181	tive bargaining prior to a strike; and 14
182	182	‘‘(7) to communicate or misrepresent to an em-15
183	183	ployee under section 2(3) that such employee is ex-16
184	184	cluded from the definition of employee under section 17
185	185	2(3).’’; 18
186	186	(2) in subsection (b)— 19
187	187	(A) by striking paragraphs (4) and (7); 20
188	188	(B) by redesignating paragraphs (5) and 21
189	189	(6) as paragraphs (4) and (5), respectively; 22
190	190	(C) in paragraph (4), as so redesignated, 23
191	191	by striking ‘‘affected;’’ and inserting ‘‘affected; 24
192	192	and’’; and 25
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196	196	(D) in paragraph (5), as so redesignated, 1
197	197	by striking ‘‘; and’’ and inserting a period; 2
198	198	(3) in subsection (c), by striking the period at 3
199	199	the end and inserting the following: ‘‘: Provided, 4
200	200	That it shall be an unfair labor practice under sub-5
201	201	section (a)(1) for any employer to require or coerce 6
202	202	an employee to attend or participate in such employ-7
203	203	er’s campaign activities unrelated to the employee’s 8
204	204	job duties, including activities that are subject to the 9
205	205	requirements under section 203(b) of the Labor- 10
206	206	Management Reporting and Disclosure Act of 1959 11
207	207	(29 U.S.C. 433(b)).’’; 12
208	208	(4) in subsection (d)— 13
209	209	(A) by redesignating paragraphs (1) 14
210	210	through (4) as subparagraphs (A) through (D), 15
211	211	respectively; 16
212	212	(B) by striking ‘‘For the purposes of this 17
213	213	section’’ and inserting ‘‘(1) For purposes of this 18
214	214	section’’; 19
215	215	(C) by inserting ‘‘and to maintain current 20
216	216	wages, hours, and terms and conditions of em-21
217	217	ployment pending an agreement’’ after ‘‘arising 22
218	218	thereunder’’; 23
219	219	(D) by inserting ‘‘: Provided, That an em-24
220	220	ployer’s duty to collectively bargain shall con-25
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223	223	•S 852 IS
224	224	tinue absent decertification of the labor organi-1
225	225	zation following an election conducted pursuant 2
226	226	to section 9’’ after ‘‘making of a concession’’; 3
227	227	(E) by inserting ‘‘further’’ before ‘‘, That 4
228	228	where there is in effect’’; 5
229	229	(F) by striking ‘‘The duties imposed’’ and 6
230	230	inserting ‘‘(2) The duties imposed’’; 7
231	231	(G) by striking ‘‘by paragraphs (2), (3), 8
232	232	and (4)’’ and inserting ‘‘by subparagraphs (B), 9
233	233	(C), and (D) of paragraph (1)’’; 10
234	234	(H) by striking ‘‘section 8(d)(1)’’ and in-11
235	235	serting ‘‘paragraph (1)(A)’’; 12
236	236	(I) by striking ‘‘section 8(d)(3)’’ each place 13
237	237	it appears and inserting ‘‘paragraph (1)(C)’’; 14
238	238	(J) by striking ‘‘section 8(d)(4)’’ and in-15
239	239	serting ‘‘paragraph (1)(D)’’; and 16
240	240	(K) by adding at the end the following: 17
241	241	‘‘(3) Whenever collective bargaining is for the pur-18
242	242	pose of establishing an initial collective bargaining agree-19
243	243	ment following certification or recognition of a labor orga-20
244	244	nization, the following shall apply: 21
245	245	‘‘(A) Not later than 10 days after receiving a 22
246	246	written request for collective bargaining from an in-23
247	247	dividual or labor organization that has been newly 24
248	248	recognized or certified as a representative as defined 25
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252	252	in section 9(a), or within such further period as the 1
253	253	parties agree upon, the parties shall meet and com-2
254	254	mence to bargain collectively and shall make every 3
255	255	reasonable effort to conclude and sign a collective 4
256	256	bargaining agreement. 5
257	257	‘‘(B) If after the expiration of the 90-day pe-6
258	258	riod beginning on the date on which bargaining is 7
259	259	commenced, or such additional period as the parties 8
260	260	may agree upon, the parties have failed to reach an 9
261	261	agreement, either party may notify the Federal Me-10
262	262	diation and Conciliation Service of the existence of 11
263	263	a dispute and request mediation. Whenever such a 12
264	264	request is received, it shall be the duty of the Service 13
265	265	promptly to put itself in communication with the 14
266	266	parties and to use its best efforts, by mediation and 15
267	267	conciliation, to bring them to agreement. 16
268	268	‘‘(C) If after the expiration of the 30-day period 17
269	269	beginning on the date on which the request for me-18
270	270	diation is made under subparagraph (B), or such ad-19
271	271	ditional period as the parties may agree upon, the 20
272	272	Service is not able to bring the parties to agreement 21
273	273	by conciliation, the Service shall refer the dispute to 22
274	274	a tripartite arbitration panel established in accord-23
275	275	ance with such regulations as may be prescribed by 24
276	276	the Service, with one member selected by the labor 25
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280	280	organization, one member selected by the employer, 1
281	281	and one neutral member mutually agreed to by the 2
282	282	parties. The labor organization and employer must 3
283	283	each select the members of the tripartite arbitration 4
284	284	panel within 14 days of the Service’s referral; if the 5
285	285	labor organization or employer fail to do so, the 6
286	286	Service shall designate any members not selected by 7
287	287	the labor organization or the employer. A majority 8
288	288	of the tripartite arbitration panel shall render a deci-9
289	289	sion settling the dispute and such decision shall be 10
290	290	binding upon the parties for a period of 2 years, un-11
291	291	less amended during such period by written consent 12
292	292	of the parties. Such decision shall be based on— 13
293	293	‘‘(i) the employer’s financial status and 14
294	294	prospects; 15
295	295	‘‘(ii) the size and type of the employer’s 16
296	296	operations and business; 17
297	297	‘‘(iii) the employees’ cost of living; 18
298	298	‘‘(iv) the employees’ ability to sustain 19
299	299	themselves, their families, and their dependents 20
300	300	on the wages and benefits they earn from the 21
301	301	employer; and 22
302	302	‘‘(v) the wages and benefits other employ-23
303	303	ers in the same business provide their employ-24
304	304	ees.’’; 25
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307	307	•S 852 IS
308	308	(5) by amending subsection (e) to read as fol-1
309	309	lows: 2
310	310	‘‘(e) Notwithstanding chapter 1 of title 9, United 3
311	311	States Code (commonly known as the ‘Federal Arbitration 4
312	312	Act’), or any other provision of law, it shall be an unfair 5
313	313	labor practice under subsection (a)(1) for any employer— 6
314	314	‘‘(1) to enter into or attempt to enforce any 7
315	315	agreement, express or implied, whereby prior to a 8
316	316	dispute to which the agreement applies, an employee 9
317	317	undertakes or promises not to pursue, bring, join, 10
318	318	litigate, or support any kind of joint, class, or collec-11
319	319	tive claim arising from or relating to the employ-12
320	320	ment of such employee in any forum that, but for 13
321	321	such agreement, is of competent jurisdiction; 14
322	322	‘‘(2) to coerce an employee into undertaking or 15
323	323	promising not to pursue, bring, join, litigate, or sup-16
324	324	port any kind of joint, class, or collective claim aris-17
325	325	ing from or relating to the employment of such em-18
326	326	ployee; or 19
327	327	‘‘(3) to retaliate or threaten to retaliate against 20
328	328	an employee for refusing to undertake or promise 21
329	329	not to pursue, bring, join, litigate, or support any 22
330	330	kind of joint, class, or collective claim arising from 23
331	331	or relating to the employment of such employee: 24
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335	335	Provided, That any agreement that violates this subsection 1
336	336	or results from a violation of this subsection shall be to 2
337	337	such extent unenforceable and void: Provided further, That 3
338	338	this subsection shall not apply to any agreement embodied 4
339	339	in or expressly permitted by a contract between an em-5
340	340	ployer and a labor organization.’’; 6
341	341	(6) in subsection (g), by striking ‘‘clause (B) of 7
342	342	the last sentence of section 8(d) of this Act’’ and in-8
343	343	serting ‘‘subsection (d)(2)(B)’’; and 9
344	344	(7) by adding at the end the following: 10
345	345	‘‘(h)(1) The Board shall promulgate regulations re-11
346	346	quiring each employer to post and maintain, in con-12
347	347	spicuous places where notices to employees and applicants 13
348	348	for employment are customarily posted both physically and 14
349	349	electronically, a notice setting forth the rights and protec-15
350	350	tions afforded employees under this Act. The Board shall 16
351	351	make available to the public the form and text of such 17
352	352	notice. The Board shall promulgate regulations requiring 18
353	353	employers to notify each new employee of the information 19
354	354	contained in the notice described in the preceding two sen-20
355	355	tences. 21
356	356	‘‘(2) Whenever the Board directs an election under 22
357	357	section 9(c) or approves an election agreement, the em-23
358	358	ployer of employees in the bargaining unit shall, not later 24
359	359	than 2 business days after the Board directs such election 25
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363	363	or approves such election agreement, provide a voter list 1
364	364	to a labor organization that has petitioned to represent 2
365	365	such employees. Such voter list shall include the names 3
366	366	of all employees in the bargaining unit and such employ-4
367	367	ees’ home addresses, work locations, shifts, job classifica-5
368	368	tions, and, if available to the employer, personal landline 6
369	369	and mobile telephone numbers, and work and personal 7
370	370	email addresses; such voter list shall be provided in a 8
371	371	searchable electronic format generally approved by the 9
372	372	Board unless the employer certifies that the employer does 10
373	373	not possess the capacity to produce the list in the required 11
374	374	form. Not later than 9 months after the date of enactment 12
375	375	of the Richard L. Trumka Protecting the Right to Orga-13
376	376	nize Act of 2025, the Board shall promulgate regulations 14
377	377	implementing the requirements of this paragraph. 15
378	378	‘‘(i) The rights of an employee under section 7 in-16
379	379	clude the right to use electronic communication devices 17
380	380	and systems (including computers, laptops, tablets, inter-18
381	381	net access, email, cellular telephones, or other company 19
382	382	equipment) of the employer of such employee to engage 20
383	383	in activities protected under section 7 if such employer has 21
384	384	given such employee access to such devices and systems 22
385	385	in the course of the work of such employee, absent a com-23
386	386	pelling business rationale for denying or limiting such 24
387	387	use.’’. 25
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391	391	SEC. 105. REPRESENTATIVES AND ELECTIONS. 1
392	392	Section 9 of the National Labor Relations Act (29 2
393	393	U.S.C. 159) is amended— 3
394	394	(1) in subsection (c)— 4
395	395	(A) by amending paragraph (1) to read as 5
396	396	follows: 6
397	397	‘‘(1) Whenever a petition shall have been filed, in ac-7
398	398	cordance with such regulations as may be prescribed by 8
399	399	the Board, by an employee or group of employees or any 9
400	400	individual or labor organization acting in their behalf al-10
401	401	leging that a substantial number of employees (i) wish to 11
402	402	be represented for collective bargaining and that their em-12
403	403	ployer declines to recognize their representative as the rep-13
404	404	resentative defined in section 9(a), or (ii) assert that the 14
405	405	individual or labor organization, which has been certified 15
406	406	or is being recognized by their employer as the bargaining 16
407	407	representative, is no longer a representative as defined in 17
408	408	section 9(a), the Board shall investigate such petition and 18
409	409	if it has reasonable cause to believe that a question of rep-19
410	410	resentation affecting commerce exists shall provide for an 20
411	411	appropriate hearing upon due notice. Such hearing may 21
412	412	be conducted by an officer or employee of the regional of-22
413	413	fice, who shall not make any recommendations with re-23
414	414	spect thereto. If the Board finds upon the record of such 24
415	415	hearing that such a question of representation exists, it 25
416	416	shall direct an election by secret ballot and shall certify 26
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420	420	the results thereof. The Board shall find the labor organi-1
421	421	zation’s proposed unit to be appropriate if the employees 2
422	422	in the proposed unit share a community of interest, and 3
423	423	if the employees outside the unit do not share an over-4
424	424	whelming community of interest with employees inside. At 5
425	425	the request of the labor organization, the Board shall di-6
426	426	rect that the election be conducted through certified mail, 7
427	427	electronically, at the work location, or at a location other 8
428	428	than one owned or controlled by the employer. No em-9
429	429	ployer shall have standing as a party or to intervene in 10
430	430	any representation proceeding under this section.’’; 11
431	431	(B) in paragraph (3), by striking ‘‘an eco-12
432	432	nomic strike who are not entitled to reinstate-13
433	433	ment’’ and inserting ‘‘a strike’’; 14
434	434	(C) by redesignating paragraphs (4) and 15
435	435	(5) as paragraphs (6) and (7), respectively; 16
436	436	(D) by inserting after paragraph (3) the 17
437	437	following: 18
438	438	‘‘(4) If the Board finds that, in an election under 19
439	439	paragraph (1), a majority of the valid votes cast in a unit 20
440	440	appropriate for purposes of collective bargaining have been 21
441	441	cast in favor of representation by the labor organization, 22
442	442	the Board shall certify the labor organization as the rep-23
443	443	resentative of the employees in such unit and shall issue 24
444	444	an order requiring the employer of such employees to col-25
445	445	VerDate Sep 11 2014 02:13 Mar 21, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S852.IS S852
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447	447	•S 852 IS
448	448	lectively bargain with the labor organization in accordance 1
449	449	with section 8(d). This order shall be deemed an order 2
450	450	under section 10(c) of this Act, without need for a deter-3
451	451	mination of an unfair labor practice. 4
452	452	‘‘(5)(A) If the Board finds that, in an election under 5
453	453	paragraph (1), a majority of the valid votes cast in a unit 6
454	454	appropriate for purposes of collective bargaining have not 7
455	455	been cast in favor of representation by the labor organiza-8
456	456	tion, the Board shall certify the results of the election, 9
457	457	subject to subparagraphs (B) and (C). 10
458	458	‘‘(B) In any case in which a majority of the valid 11
459	459	votes cast in a unit appropriate for purposes of collective 12
460	460	bargaining have not been cast in favor of representation 13
461	461	by the labor organization and the Board determines, fol-14
462	462	lowing a post-election hearing, that the employer has com-15
463	463	mitted a violation of this Act or otherwise interfered with 16
464	464	a fair election, and the employer has not demonstrated 17
465	465	that the violation or other interference is unlikely to have 18
466	466	affected the outcome of the election, the Board shall, with-19
467	467	out ordering a new election, set aside the election and cer-20
468	468	tify the labor organization as the representative of the em-21
469	469	ployees in such unit and issue an order requiring the em-22
470	470	ployer to bargain with the labor organization in accord-23
471	471	ance with section 8(d) if, at any time during the period 24
472	472	beginning 1 year preceding the date of the commencement 25
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475	475	•S 852 IS
476	476	of the election and ending on the date upon which the 1
477	477	Board makes the determination of a violation or other in-2
478	478	terference, a majority of the employees in the bargaining 3
479	479	unit have signed authorizations designating the labor or-4
480	480	ganization as their collective bargaining representative. 5
481	481	‘‘(C) In any case where the Board determines that 6
482	482	an election under this paragraph should be set aside, the 7
483	483	Board shall direct a new election with appropriate addi-8
484	484	tional safeguards necessary to ensure a fair election proc-9
485	485	ess, except in cases where the Board issues a bargaining 10
486	486	order under subparagraph (B).’’; and 11
487	487	(E) by inserting after paragraph (7), as so 12
488	488	redesignated, the following: 13
489	489	‘‘(8) Except under extraordinary circumstances— 14
490	490	‘‘(A) a pre-election hearing under this sub-15
491	491	section shall begin not later than 8 days after a no-16
492	492	tice of such hearing is served on the labor organiza-17
493	493	tion and shall continue from day to day until com-18
494	494	pleted; 19
495	495	‘‘(B) a regional director shall transmit the no-20
496	496	tice of election at the same time as the direction of 21
497	497	election, and shall transmit such notice and such di-22
498	498	rection electronically (including transmission by 23
499	499	email or facsimile) or by overnight mail if electronic 24
500	500	transmission is unavailable; 25
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503	503	•S 852 IS
504	504	‘‘(C) not later than 2 days after the service of 1
505	505	the notice of hearing, the employer shall— 2
506	506	‘‘(i) post the Notice of Petition for Elec-3
507	507	tion in conspicuous places, including all places 4
508	508	where notices to employees are customarily 5
509	509	posted; 6
510	510	‘‘(ii) if the employer customarily commu-7
511	511	nicates with employees electronically, distribute 8
512	512	such Notice electronically; and 9
513	513	‘‘(iii) maintain such posting until the peti-10
514	514	tion is dismissed or withdrawn or the Notice of 11
515	515	Petition for Election is replaced by the Notice 12
516	516	of Election; 13
517	517	‘‘(D) regional directors shall schedule elections 14
518	518	for the earliest date practicable, but not later than 15
519	519	the 20th business day after the direction of election; 16
520	520	and 17
521	521	‘‘(E) a post-election hearing under this sub-18
522	522	section shall begin not later than 14 days after the 19
523	523	filing of objections, if any.’’; 20
524	524	(2) in subsection (d), by striking ‘‘(e) or’’ and 21
525	525	inserting ‘‘(d) or’’; and 22
526	526	(3) by adding at the end the following: 23
527	527	‘‘(f) The Board shall dismiss any petition for an elec-24
528	528	tion with respect to a bargaining unit or any subdivision 25
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531	531	•S 852 IS
532	532	if, during the 12-month period ending on the date on 1
533	533	which the petition is filed— 2
534	534	‘‘(1) the employer has recognized a labor orga-3
535	535	nization without an election and in accordance with 4
536	536	this Act; 5
537	537	‘‘(2) the labor organization and employer en-6
538	538	gaged in their first bargaining session following the 7
539	539	issuance of a bargaining order by the Board; or 8
540	540	‘‘(3) the labor organization and successor em-9
541	541	ployer engaged in their first bargaining session fol-10
542	542	lowing a succession. 11
543	543	‘‘(g) The Board shall dismiss any petition for an elec-12
544	544	tion with respect to a bargaining unit or any subdivision 13
545	545	if there is in effect a lawful written collective bargaining 14
546	546	agreement between the employer and an exclusive rep-15
547	547	resentative covering any employees in the unit specified 16
548	548	in the petition, unless the petition is filed— 17
549	549	‘‘(1) on or after the date that is 3 years after 18
550	550	the date on which the collective bargaining agree-19
551	551	ment took effect; or 20
552	552	‘‘(2) during the 30-day period beginning on the 21
553	553	date that is 90 days before the date that is 3 years 22
554	554	after the date on which the collective bargaining 23
555	555	agreement took effect. 24
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557	557	kjohnson on DSK7ZCZBW3PROD with $$_JOB 20
558	558	•S 852 IS
559	559	‘‘(h) The Board shall suspend the processing of any 1
560	560	petition for an election with respect to a bargaining unit 2
561	561	or any subdivision if a labor organization files an unfair 3
562	562	labor practice charge alleging a violation of section 8(a) 4
563	563	and requesting the suspension of a pending petition until 5
564	564	the unlawful conduct, if any, is remedied or the charge 6
565	565	is dismissed unless the Board determines that employees 7
566	566	can, under the circumstances, exercise free choice in an 8
567	567	election despite the unlawful conduct alleged in the 9
568	568	charge.’’. 10
569	569	SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 11
570	570	Section 10(c) of the National Labor Relations Act 12
571	571	(29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 13
572	572	him’’ and inserting ‘‘suffered by such employee: Provided 14
573	573	further, That if the Board finds that an employer has dis-15
574	574	criminated against an employee in violation of paragraph 16
575	575	(3) or (4) of section 8(a) or has committed a violation 17
576	576	of section 8(a) that results in the discharge of an employee 18
577	577	or other serious economic harm to an employee, the Board 19
578	578	shall award the employee back pay without any reduction 20
579	579	(including any reduction based on the employee’s interim 21
580	580	earnings or failure to earn interim earnings), front pay 22
581	581	(when appropriate), consequential damages, and an addi-23
582	582	tional amount as liquidated damages equal to two times 24
583	583	the amount of damages awarded: Provided further, no re-25
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586	586	•S 852 IS
587	587	lief under this subsection shall be denied on the basis that 1
588	588	the employee is, or was during the time of relevant em-2
589	589	ployment or during the back pay period, an unauthorized 3
590	590	alien as defined in section 274A(h)(3) of the Immigration 4
591	591	and Nationality Act (8 U.S.C. 1324a(h)(3)) or any other 5
592	592	provision of Federal law relating to the unlawful employ-6
593	593	ment of aliens’’. 7
594	594	SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 8
595	595	BOARD. 9
596	596	(a) I
597	597	NGENERAL.—Section 10 of the National Labor 10
598	598	Relations Act (29 U.S.C. 160) is further amended— 11
599	599	(1) by striking subsection (e); 12
600	600	(2) by redesignating subsection (d) as sub-13
601	601	section (e); 14
602	602	(3) by inserting after subsection (c) the fol-15
603	603	lowing: 16
604	604	‘‘(d)(1) Each order of the Board shall take effect 17
605	605	upon issuance of such order, unless otherwise directed by 18
606	606	the Board, and shall remain in effect unless modified by 19
607	607	the Board or unless a court of competent jurisdiction 20
608	608	issues a superseding order. 21
609	609	‘‘(2) Any person who fails or neglects to obey an 22
610	610	order of the Board shall forfeit and pay to the Board a 23
611	611	civil penalty of not more than $10,000 for each violation, 24
612	612	which shall accrue to the United States and may be recov-25
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615	615	•S 852 IS
616	616	ered in a civil action brought by the Board to the district 1
617	617	court of the United States in which the unfair labor prac-2
618	618	tice or other subject of the order occurred, or in which 3
619	619	such person or entity resides or transacts business. No ac-4
620	620	tion by the Board under this paragraph may be made until 5
621	621	30 days following the issuance of an order. Each separate 6
622	622	violation of such an order shall be a separate offense, ex-7
623	623	cept that, in the case of a violation in which a person fails 8
624	624	to obey or neglects to obey a final order of the Board, 9
625	625	each day such failure or neglect continues shall be deemed 10
626	626	a separate offense. 11
627	627	‘‘(3) If, after having provided a person or entity with 12
628	628	notice and an opportunity to be heard regarding a civil 13
629	629	action under paragraph (2) for the enforcement of an 14
630	630	order, the court determines that the order was regularly 15
631	631	made and duly served, and that the person or entity is 16
632	632	in disobedience of the same, the court shall enforce obedi-17
633	633	ence to such order by an injunction or other proper proc-18
634	634	ess, mandatory or otherwise, to— 19
635	635	‘‘(A) restrain such person or entity or the offi-20
636	636	cers, agents, or representatives of such person or en-21
637	637	tity, from further disobedience to such order; or 22
638	638	‘‘(B) enjoin such person or entity, officers, 23
639	639	agents, or representatives to obedience to the 24
640	640	same.’’; 25
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643	643	•S 852 IS
644	644	(4) in subsection (f)— 1
645	645	(A) by striking ‘‘proceed in the same man-2
646	646	ner as in the case of an application by the 3
647	647	Board under subsection (e) of this section,’’ and 4
648	648	inserting ‘‘proceed as provided under paragraph 5
649	649	(2) of this subsection’’; 6
650	650	(B) by striking ‘‘Any’’ and inserting ‘‘(1) 7
651	651	Within 30 days of the issuance of an order, 8
652	652	any’’; and 9
653	653	(C) by adding at the end the following: 10
654	654	‘‘(2) No objection that has not been urged before the 11
655	655	Board, its member, agent, or agency shall be considered 12
656	656	by a court, unless the failure or neglect to urge such objec-13
657	657	tion shall be excused because of extraordinary cir-14
658	658	cumstances. The findings of the Board with respect to 15
659	659	questions of fact if supported by substantial evidence on 16
660	660	the record considered as a whole shall be conclusive. If 17
661	661	either party shall apply to the court for leave to adduce 18
662	662	additional evidence and shall show to the satisfaction of 19
663	663	the court that such additional evidence is material and 20
664	664	that there were reasonable grounds for the failure to ad-21
665	665	duce such evidence in the hearing before the Board, its 22
666	666	member, agent, or agency, the court may order such addi-23
667	667	tional evidence to be taken before the Board, its member, 24
668	668	agent, or agency, and to be made a part of the record. 25
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671	671	•S 852 IS
672	672	The Board may modify its findings as to the facts, or 1
673	673	make new findings, by reason of additional evidence so 2
674	674	taken and filed, and it shall file such modified or new find-3
675	675	ings, which findings with respect to questions of fact if 4
676	676	supported by substantial evidence on the record considered 5
677	677	as a whole shall be conclusive, and shall file its rec-6
678	678	ommendations, if any, for the modification or setting aside 7
679	679	of its original order. Upon the filing of the record with 8
680	680	it the jurisdiction of the court shall be exclusive and its 9
681	681	judgment and decree shall be final, except that the same 10
682	682	shall be subject to review by the appropriate United States 11
683	683	court of appeals if application was made to the district 12
684	684	court, and by the Supreme Court of the United States 13
685	685	upon writ of certiorari or certification as provided in sec-14
686	686	tion 1254 of title 28, United States Code.’’; and 15
687	687	(5) in subsection (g), by striking ‘‘subsection 16
688	688	(e) or (f) of this section’’ and inserting ‘‘subsection 17
689	689	(d) or (f)’’. 18
690	690	(b) C
691	691	ONFORMINGAMENDMENT.—Section 18 of the 19
692	692	National Labor Relations Act (29 U.S.C. 168) is amended 20
693	693	by striking ‘‘section 10(e) or (f)’’ and inserting ‘‘sub-21
694	694	section (d) or (f) of section 10’’. 22
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697	697	•S 852 IS
698	698	SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC-1
699	699	TICES INVOLVING DISCHARGE OR OTHER SE-2
700	700	RIOUS ECONOMIC HARM. 3
701	701	Section 10 of the National Labor Relations Act (29 4
702	702	U.S.C. 160) is amended— 5
703	703	(1) in subsection (j)— 6
704	704	(A) by striking ‘‘The Board’’ and inserting 7
705	705	‘‘(1) The Board’’; and 8
706	706	(B) by adding at the end the following: 9
707	707	‘‘(2) Notwithstanding subsection (m), whenever it is 10
708	708	charged that an employer has engaged in an unfair labor 11
709	709	practice within the meaning of paragraph (1), (3), or (4) 12
710	710	of section 8(a) that significantly interferes with, restrains, 13
711	711	or coerces employees in the exercise of the rights guaran-14
712	712	teed under section 7, or involves discharge or other serious 15
713	713	economic harm to an employee, the preliminary investiga-16
714	714	tion of such charge shall be made forthwith and given pri-17
715	715	ority over all other cases except cases of like character 18
716	716	in the office where it is filed or to which it is referred. 19
717	717	If, after such investigation, the officer or regional attorney 20
718	718	to whom the matter may be referred has reasonable cause 21
719	719	to believe such charge is true and that a complaint should 22
720	720	issue, such officer or attorney shall bring a petition for 23
721	721	appropriate temporary relief or restraining order as set 24
722	722	forth in paragraph (1). The district court shall grant the 25
723	723	relief requested unless the court concludes that there is 26
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726	726	•S 852 IS
727	727	no reasonable likelihood that the Board will succeed on 1
728	728	the merits of the Board’s claim.’’; and 2
729	729	(2) by repealing subsections (k) and (l). 3
730	730	SEC. 109. PENALTIES. 4
731	731	(a) I
732	732	NGENERAL.—Section 12 of the National Labor 5
733	733	Relations Act (29 U.S.C. 162) is amended— 6
734	734	(1) by striking ‘‘
735	735	SEC. 12. Any person’’ and in-7
736	736	serting the following: 8
737	737	‘‘SEC. 12. PENALTIES. 9
738	738	‘‘(a) V
739	739	IOLATIONS FOR INTERFERENCE WITH 10
740	740	B
741	741	OARD.—Any person’’; and 11
742	742	(2) by adding at the end the following: 12
743	743	‘‘(b) V
744	744	IOLATIONS FORPOSTINGREQUIREMENTS AND 13
745	745	V
746	746	OTERLIST.—If the Board, or any agent or agency des-14
747	747	ignated by the Board for such purposes, determines that 15
748	748	an employer has violated section 8(h) or regulations issued 16
749	749	thereunder, the Board shall— 17
750	750	‘‘(1) state the findings of fact supporting such 18
751	751	determination; 19
752	752	‘‘(2) issue and cause to be served on such em-20
753	753	ployer an order requiring that such employer comply 21
754	754	with section 8(h) or regulations issued thereunder; 22
755	755	and 23
756	756	‘‘(3) impose a civil penalty in an amount deter-24
757	757	mined appropriate by the Board, except that in no 25
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759	759	kjohnson on DSK7ZCZBW3PROD with $$_JOB 27
760	760	•S 852 IS
761	761	case shall the amount of such penalty exceed $500 1
762	762	for each such violation. 2
763	763	‘‘(c) C
764	764	IVILPENALTIES FORVIOLATIONS.— 3
765	765	‘‘(1) I
766	766	N GENERAL.—Any employer who commits 4
767	767	an unfair labor practice within the meaning of sec-5
768	768	tion 8(a) shall, in addition to any remedy ordered by 6
769	769	the Board, be subject to a civil penalty in an amount 7
770	770	not to exceed $50,000 for each violation, except 8
771	771	that, with respect to an unfair labor practice within 9
772	772	the meaning of paragraph (3) or (4) of section 8(a) 10
773	773	or a violation of section 8(a) that results in the dis-11
774	774	charge of an employee or other serious economic 12
775	775	harm to an employee, the Board shall double the 13
776	776	amount of such penalty, to an amount not to exceed 14
777	777	$100,000, in any case where the employer has with-15
778	778	in the preceding 5 years committed another such 16
779	779	violation. 17
780	780	‘‘(2) C
781	781	ONSIDERATIONS.—In determining the 18
782	782	amount of any civil penalty under this subsection, 19
783	783	the Board shall consider— 20
784	784	‘‘(A) the gravity of the unfair labor prac-21
785	785	tice; 22
786	786	‘‘(B) the impact of the unfair labor prac-23
787	787	tice on the charging party, on other persons 24
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790	790	•S 852 IS
791	791	seeking to exercise rights guaranteed by this 1
792	792	Act, and on the public interest; and 2
793	793	‘‘(C) the gross income of the employer. 3
794	794	‘‘(3) D
795	795	IRECTOR AND OFFICER LIABILITY .—If 4
796	796	the Board determines, based on the particular facts 5
797	797	and circumstances presented, that a director or offi-6
798	798	cer’s personal liability is warranted, a civil penalty 7
799	799	for a violation described in this subsection may also 8
800	800	be assessed against any director or officer of the em-9
801	801	ployer who directed or committed the violation, had 10
802	802	established a policy that led to such a violation, or 11
803	803	had actual or constructive knowledge of and the au-12
804	804	thority to prevent the violation and failed to prevent 13
805	805	the violation. 14
806	806	‘‘(d) R
807	807	IGHT TOCIVILACTION.— 15
808	808	‘‘(1) I
809	809	N GENERAL.—Any person who is injured 16
810	810	by reason of a violation of paragraph (1), (3), or (4) 17
811	811	of section 8(a) may, after 60 days following the fil-18
812	812	ing of a charge with the Board alleging an unfair 19
813	813	labor practice, bring a civil action in the appropriate 20
814	814	district court of the United States against the em-21
815	815	ployer within 90 days after the expiration of the 60- 22
816	816	day period or the date the Board notifies the person 23
817	817	that no complaint shall issue, whichever occurs ear-24
818	818	lier, provided that the Board has not filed a petition 25
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821	821	•S 852 IS
822	822	under section 10(j) of this Act prior to the expira-1
823	823	tion of the 60-day period. No relief under this sub-2
824	824	section shall be denied on the basis that the em-3
825	825	ployee is, or was during the time of relevant employ-4
826	826	ment or during the back pay period, an unauthor-5
827	827	ized alien as defined in section 274A(h)(3) of the 6
828	828	Immigration and Nationality Act (8 U.S.C. 7
829	829	1324a(h)(3)) or any other provision of Federal law 8
830	830	relating to the unlawful employment of aliens. 9
831	831	‘‘(2) A
832	832	VAILABLE RELIEF.—Relief granted in an 10
833	833	action under paragraph (1) may include— 11
834	834	‘‘(A) back pay without any reduction, in-12
835	835	cluding any reduction based on the employee’s 13
836	836	interim earnings or failure to earn interim earn-14
837	837	ings; 15
838	838	‘‘(B) front pay (when appropriate); 16
839	839	‘‘(C) consequential damages; 17
840	840	‘‘(D) an additional amount as liquidated 18
841	841	damages equal to two times the cumulative 19
842	842	amount of damages awarded under subpara-20
843	843	graphs (A) through (C); 21
844	844	‘‘(E) in appropriate cases, punitive dam-22
845	845	ages in accordance with paragraph (4); and 23
846	846	‘‘(F) any other relief authorized by section 24
847	847	706(g) of the Civil Rights Act of 1964 (42 25
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850	850	•S 852 IS
851	851	U.S.C. 2000e–5(g)) or by section 1977A(b) of 1
852	852	the Revised Statutes (42 U.S.C. 1981a(b)). 2
853	853	‘‘(3) A
854	854	TTORNEY’S FEES.—In any civil action 3
855	855	under this subsection, the court may allow the pre-4
856	856	vailing party a reasonable attorney’s fee (including 5
857	857	expert fees) and other reasonable costs associated 6
858	858	with maintaining the action. 7
859	859	‘‘(4) P
860	860	UNITIVE DAMAGES.—In awarding puni-8
861	861	tive damages under paragraph (2)(E), the court 9
862	862	shall consider— 10
863	863	‘‘(A) the gravity of the unfair labor prac-11
864	864	tice; 12
865	865	‘‘(B) the impact of the unfair labor prac-13
866	866	tice on the charging party, on other persons 14
867	867	seeking to exercise rights guaranteed by this 15
868	868	Act, and on the public interest; and 16
869	869	‘‘(C) the gross income of the employer.’’. 17
870	870	(b) C
871	871	ONFORMINGAMENDMENTS.—Section 10(b) of 18
872	872	the National Labor Relations Act (29 U.S.C. 160(b)) is 19
873	873	amended— 20
874	874	(1) by striking ‘‘six months’’ and inserting 21
875	875	‘‘180 days’’; and 22
876	876	(2) by striking ‘‘the six-month period’’ and in-23
877	877	serting ‘‘the 180-day period’’. 24
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880	880	•S 852 IS
881	881	SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. 1
882	882	Section 13 of the National Labor Relations Act (29 2
883	883	U.S.C. 163) is amended by striking the period at the end 3
884	884	and inserting the following: ‘‘: Provided, That the dura-4
885	885	tion, scope, frequency, or intermittence of any strike or 5
886	886	strikes shall not render such strike or strikes unprotected 6
887	887	or prohibited.’’. 7
888	888	SEC. 111. FAIR SHARE AGREEMENTS PERMITTED. 8
889	889	Section 14(b) of the National Labor Relations Act 9
890	890	(29 U.S.C. 164(b)) is amended by striking the period at 10
891	891	the end and inserting the following: ‘‘: Provided, That col-11
892	892	lective bargaining agreements providing that all employees 12
893	893	in a bargaining unit shall contribute fees to a labor organi-13
894	894	zation for the cost of representation, collective bargaining, 14
895	895	contract enforcement, and related expenditures as a condi-15
896	896	tion of employment shall be valid and enforceable notwith-16
897	897	standing any State or Territorial law.’’. 17
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900	900	•S 852 IS
901	901	TITLE II—AMENDMENTS TO THE 1
902	902	LABOR MANAGEMENT RELA-2
903	903	TIONS ACT, 1947, AND THE 3
904	904	LABOR-MANAGEMENT RE-4
905	905	PORTING AND DISCLOSURE 5
906	906	ACT OF 1959 6
907	907	SEC. 201. CONFORMING AMENDMENTS TO THE LABOR MAN-7
908	908	AGEMENT RELATIONS ACT, 1947. 8
909	909	The Labor Management Relations Act, 1947, is 9
910	910	amended— 10
911	911	(1) in section 213(a) (29 U.S.C. 183(a)), by 11
912	912	striking ‘‘clause (A) of the last sentence of section 12
913	913	8(d) (which is required by clause (3) of such section 13
914	914	8(d)), or within 10 days after the notice under 14
915	915	clause (B)’’ and inserting ‘‘section 8(d)(2)(A) of the 15
916	916	National Labor Relations Act (which is required by 16
917	917	section 8(d)(1)(C) of such Act), or within 10 days 17
918	918	after the notice under section 8(d)(2)(B) of such 18
919	919	Act’’; and 19
920	920	(2) by repealing section 303 (29 U.S.C. 187). 20
921	921	SEC. 202. AMENDMENTS TO THE LABOR-MANAGEMENT RE-21
922	922	PORTING AND DISCLOSURE ACT OF 1959. 22
923	923	Section 203(c) of the Labor-Management Reporting 23
924	924	and Disclosure Act of 1959 (29 U.S.C. 433(c)) is amended 24
925	925	by striking the period at the end and inserting the fol-25
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928	928	•S 852 IS
929	929	lowing ‘‘: Provided, That this subsection shall not exempt 1
930	930	from the requirements of this section any arrangement or 2
931	931	part of an arrangement in which a party agrees, for an 3
932	932	object described in subsection (b)(1), to plan or conduct 4
933	933	employee meetings; train supervisors or employer rep-5
934	934	resentatives to conduct meetings; coordinate or direct ac-6
935	935	tivities of supervisors or employer representatives; estab-7
936	936	lish or facilitate employee committees; identify employees 8
937	937	for disciplinary action, reward, or other targeting; or draft 9
938	938	or revise employer personnel policies, speeches, presen-10
939	939	tations, or other written, recorded, or electronic commu-11
940	940	nications to be delivered or disseminated to employees.’’. 12
941	941	TITLE III—OTHER MATTERS 13
942	942	SEC. 301. SEVERABILITY. 14
943	943	If any provision of this Act or the application thereof 15
944	944	to any person or circumstance is held invalid, the remain-16
945	945	der of this Act, or the application of that provision to per-17
946	946	sons or circumstances other than those as to which it is 18
947	947	held invalid, is not affected thereby. 19
948	948	SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 20
949	949	There are authorized to be appropriated such sums 21
950	950	as may be necessary to carry out the provisions of this 22
951	951	Act and the amendments made by this Act. 23
952	952	Æ
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