[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1306 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1306
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2019
Mrs. Murray (for herself, Mr. Schumer, Ms. Baldwin, Mr. Blumenthal, Mr.
Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr.
Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein,
Mrs. Gillibrand, Ms. Harris, Ms. Hassan, Mr. Heinrich, Ms. Hirono, Ms.
Klobuchar, Mr. Leahy, Mr. Markey, Mr. Menendez, Mr. Merkley, Mr.
Murphy, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, Mrs.
Shaheen, Ms. Smith, Ms. Stabenow, Mr. Tester, Mr. Udall, Mr. Van
Hollen, Ms. Warren, Mr. Whitehouse, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting the Right to Organize Act
of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Labor Relations Act (29 U.S.C. 151 et
seq.) was enacted to encourage the practice of collective
bargaining and to protect the exercise by workers of full
freedom of association in the workplace. Since its enactment in
1935, tens of millions of workers have bargained with their
employers over wages, benefits, and other terms and conditions
of employment and have raised the standard of living for all
workers.
(2) According to the Bureau of Labor Statistics, union
members earn 25.6 percent more than workers who are not covered
by a collective bargaining agreement. Workers who are
represented by a union are 28 percent more likely to be offered
health insurance through work and nearly five times more likely
to have defined benefit pensions. The wage differential is
significant for women and people of color. African-American
union members earn 25 percent more than African-American
workers who are not covered by a collective bargaining
agreement, and Latino union members earn 42.6 percent more than
Latino workers who are not covered by a collective bargaining
agreement. Women union members earn 30 percent more than women
who are not covered by a collective bargaining agreement, and
the wage gap between men and women is much smaller at
workplaces covered by a collective bargaining agreement because
collective bargaining agreements ensure the same rate is paid
to workers for a particular job without regard to gender. The
wage and benefit gains achieved through collective bargaining
agreements benefit both workers and their communities.
(3) Unions and collective bargaining ensure that
productivity gains are shared by working people. The decline in
the percentage of workers covered by collective bargaining has
contributed to skyrocketing income inequality and wage
stagnation for the average worker.
(4) The National Labor Relations Act protects the right of
workers to join together with their coworkers in concerted
activities for their mutual aid or protection. This protection
applies broadly to all concerted activities by workers aimed at
improving the terms and conditions of their employment or
aiding each other in any way, regardless of whether workers are
seeking to form a union or engage in collective bargaining with
their employer.
(5) The Act protects the right of workers to discuss issues
like pay and benefits without retaliation or interference by
employers. However, the awareness of workers regarding their
rights under the Act is lacking, due in part to the absence of
any legally required notice informing workers of the rights and
responsibilities under the Act. Many employers maintain
policies that restrict the ability of workers to discuss
workplace issues with each other, directly contravening these
rights. Research shows that more than one half of workers
report that their employers have policies that prohibit or
discourage workers from discussing pay with their coworkers.
These policies and practices impede workers from exercising
their rights under the Act and impair their freedom of
association at work.
(6) Retaliation by employers against workers who exercise
their rights under the National Labor Relations Act persists at
troubling levels. Employers routinely fire workers for trying
to form a union at their workplace. In one out of three
organizing campaigns, one or more workers are discharged for
supporting or joining a union.
(7) The current remedies are inadequate to deter employers
from violating the National Labor Relations Act. The remedies
and penalties for violations of the Act are far weaker than for
other labor and employment laws. Unlike other major labor and
employment laws, there are no civil penalties for violations of
the National Labor Relations Act. Workers cannot go to court to
pursue relief on their own and must rely on the National Labor
Relations Board to prosecute their case. Should the Board
decline to prosecute for any reason, aggrieved workers have no
other remedy.
(8) Unlike orders of other Federal agencies, the orders of
the National Labor Relations Board are not enforced until the
Board seeks enforcement from a court of appeals. As far back as
1969, the Administrative Conference of the United States
recognized that the absence of a self-enforcing agency order
imposes wasteful delays in the enforcement of the National
Labor Relations Act, and recommended that the Board's orders be
made self-enforcing like those of other agencies. Congress did
not act upon this recommendation, and delays in the Board's
enforcement remain a problem undermining the effectiveness of
the Act.
(9) Many workers do not currently enjoy the protections of
the National Labor Relations Act because they are excluded from
coverage under the Act or interpretations of the Act.
(10) Too often, workers who choose to form unions are
frustrated when their employers use delay and other tactics to
avoid reaching an initial collective bargaining agreement.
Estimates are that in as many as half of new organizing
campaigns, workers and their employers fail to reach an initial
collective bargaining agreement.
(11) While the National Labor Relations Act guarantees
workers the right to strike, courts have permitted employers to
``permanently replace'' workers who exercise their right to
strike. This is contrary to Congress's intent in enacting the
National Labor Relations Act and has led to confusion among
workers regarding their right to strike.
(12) Hearings under section 9 of the National Labor
Relations Act (29 U.S.C. 159) exist to assure workers the
fullest freedom in exercising the rights guaranteed by the Act.
However, some employers have abused the representation process
of the National Labor Relations Board to impede workers from
freely choosing their own representatives and exercising their
rights under the Act.
(13) So-called ``right-to-work'' laws do not give any
worker the right to a job. While Federal law requires unions to
fairly represent all members of a given bargaining unit, and
thereby expend resources on all unit members, many States' so-
called ``right-to-work'' laws prohibit unions from charging all
members for the representation and services that the unions are
legally obliged to render. Section 14(b) of the National Labor
Relations Act (29 U.S.C. 164(b)) must be reformed to permit
unions and employers to mutually agree that payment of fair
share fees shall be a condition of employment following initial
hiring.
(14) Restrictions on so-called ``secondary boycotts'' and
``recognitional picketing'' unduly impede workers' ability to
engage in peaceful conduct and expression. Workers must be free
to act in solidarity with workers in other workplaces in order
to improve labor standards and achieve other lawful ends for
mutual aid or protection.
(15) In order to make the right to collective bargaining
and freedom of association in the workplace a reality for
workers, the National Labor Relations Act must be strengthened.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to strengthen protections for workers engaged in
collective bargaining to improve their wages, hours, and terms
and conditions of employment;
(2) to expand coverage under the National Labor Relations
Act (29 U.S.C. 151 et seq.) to more workers;
(3) to provide a process by which workers and employers can
successfully negotiate an initial collective bargaining
agreement;
(4) to provide a stronger deterrent and fairer remedies for
workers who face retaliation, discrimination, or other
interference with their legal rights to act concertedly, join a
union, or engage in collective bargaining;
(5) to broadly protect workers' right to engage in
concerted activities for mutual aid or protection;
(6) to streamline the enforcement procedures of the
National Labor Relations Board to provide for more timely and
effective enforcement of the law;
(7) to safeguard the right to strike by prohibiting
``permanent replacement'' of striking workers;
(8) to repeal specific prohibitions on collective action
and peaceful expression;
(9) to permit fair share fee arrangements in order to
promote workers' freedom of association and encourage the
practice of collective bargaining;
(10) to improve the purchasing power of wage earners in
industry;
(11) to promote the stabilization of fair wage rates and
humane working conditions within and between industries; and
(12) to redress the inequality of bargaining power between
workers and employers.
SEC. 4. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Definitions.--
(1) Joint employer.--Section 2(2) of the National Labor
Relations Act (29 U.S.C. 152(2)) is amended by adding at the
end the following: ``Two or more persons shall be employers
with respect to an employee if each such person codetermines or
shares control over the employee's essential terms and
conditions of employment. In determining whether such control
exists, the Board or a court of competent jurisdiction shall
consider as relevant direct control and indirect control over
such terms and conditions, reserved authority to control such
terms and conditions, and control over such terms and
conditions exercised by a person in fact: Provided, That
nothing herein precludes a finding that indirect or reserved
control standing alone can be sufficient given specific facts
and circumstances.''.
(2) Employee.--Section 2(3) of the National Labor Relations
Act (29 U.S.C. 152(3)) is amended by adding at the end the
following: ``An individual performing any service shall be
considered an employee (except as provided in the previous
sentence) and not an independent contractor, unless--
``(A) the individual is free from control and
direction in connection with the performance of the
service, both under the contract for the performance of
service and in fact;
``(B) the service is performed outside the usual
course of the business of the employer; and
``(C) the individual is customarily engaged in an
independently established trade, occupation,
profession, or business of the same nature as that
involved in the service performed.''.
(3) Supervisor.--Section 2(11) of the National Labor
Relations Act (29 U.S.C. 152(11)) is amended--
(A) by inserting ``and for a majority of the
individual's worktime'' after ``interest of the
employer'';
(B) by striking ``assign,''; and
(C) by striking ``or responsibly to direct them,''.
(b) Appointment.--Section 4(a) of the National Labor Relations Act
(29 U.S.C. 154(a)) is amended by striking ``, or for economic
analysis''.
(c) Unfair Labor Practices.--Section 8 of the National Labor
Relations Act (29 U.S.C. 158) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking the period and
inserting ``; and''; and
(B) by adding at the end the following:
``(6) to promise, threaten, or take any action--
``(A) to permanently replace an employee who
participates in a strike as defined by section 501(2)
of the Labor Management Relations Act, 1947 (29 U.S.C.
142(2)); or
``(B) to discriminate against an employee who is
working or has unconditionally offered to return to
work for the employer because the employee supported or
participated in such a strike.'';
(2) in subsection (b)--
(A) by striking paragraphs (4) and (7);
(B) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(C) in paragraph (4), as so redesignated, by
striking ``affected;'' and inserting ``affected; and'';
and
(D) in paragraph (5), as so redesignated, by
striking ``; and'' and inserting a period;
(3) in subsection (c), by striking the period at the end
and inserting the following: ``: Provided, That it shall be an
unfair labor practice under subsection (a)(1) for any employer
to require or coerce an employee to attend or participate in
such employer's campaign activities unrelated to the employee's
job duties, including activities that are subject to the
requirements under section 203(b) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 433(b)).'';
(4) in subsection (d)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(B) by striking ``For the purposes of this
section'' and inserting ``(1) For purposes of this
section'';
(C) by striking ``The duties imposed'' and
inserting ``(2) The duties imposed'';
(D) by striking ``by paragraphs (2), (3), and (4)''
and inserting ``by subparagraphs (B), (C), and (D) of
paragraph (1)'';
(E) by striking ``section 8(d)(1)'' and inserting
``paragraph (1)(A)'';
(F) by striking ``section 8(d)(3)'' and inserting
``paragraph (1)(C)'' in each place it appears;
(G) by striking ``section 8(d)(4)'' and inserting
``paragraph (1)(D)''; and
(H) by adding at the end the following:
``(3) Whenever collective bargaining is for the purpose of
establishing an initial collective bargaining agreement
following certification or recognition of a labor organization,
the following shall apply:
``(A) Not later than 10 days after receiving a
written request for collective bargaining from an
individual or labor organization that has been newly
recognized or certified as a representative as defined
in section 9(a), or within such further period as the
parties agree upon, the parties shall meet and commence
to bargain collectively and shall make every reasonable
effort to conclude and sign a collective bargaining
agreement.
``(B) If after the expiration of the 90-day period
beginning on the date on which bargaining is commenced,
or such additional period as the parties may agree
upon, the parties have failed to reach an agreement,
either party may notify the Federal Mediation and
Conciliation Service of the existence of a dispute and
request mediation. Whenever such a request is received,
it shall be the duty of the Service promptly to put
itself in communication with the parties and to use its
best efforts, by mediation and conciliation, to bring
them to agreement.
``(C) If after the expiration of the 30-day period
beginning on the date on which the request for
mediation is made under subparagraph (B), or such
additional period as the parties may agree upon, the
Service is not able to bring the parties to agreement
by conciliation, the Service shall refer the dispute to
a tripartite arbitration panel established in
accordance with such regulations as may be prescribed
by the Service, with one member selected by the labor
organization, one member selected by the employer, and
one neutral member mutually agreed to by the parties. A
majority of the tripartite arbitration panel shall
render a decision settling the dispute and such
decision shall be binding upon the parties for a period
of two years, unless amended during such period by
written consent of the parties. Such decision shall be
based on--
``(i) the employer's financial status and
prospects;
``(ii) the size and type of the employer's
operations and business;
``(iii) the employees' cost of living;
``(iv) the employees' ability to sustain
themselves, their families, and their
dependents on the wages and benefits they earn
from the employer; and
``(v) the wages and benefits other
employers in the same business provide their
employees.'';
(5) by amending subsection (e) to read as follows:
``(e) Notwithstanding chapter 1 of title 9, United States Code
(commonly known as the `Federal Arbitration Act'), or any other
provision of law, it shall be an unfair labor practice under subsection
(a)(1) for any employer--
``(1) to enter into or attempt to enforce any agreement,
express or implied, whereby prior to a dispute to which the
agreement applies, an employee undertakes or promises not to
pursue, bring, join, litigate, or support any kind of joint,
class, or collective claim arising from or relating to the
employment of such employee in any forum that, but for such
agreement, is of competent jurisdiction;
``(2) to coerce an employee into undertaking or promising
not to pursue, bring, join, litigate, or support any kind of
joint, class, or collective claim arising from or relating to
the employment of such employee; or
``(3) to retaliate or threaten to retaliate against an
employee for refusing to undertake or promise not to pursue,
bring, join, litigate, or support any kind of joint, class, or
collective claim arising from or relating to the employment of
such employee:
Provided, That any agreement that violates this subsection or results
from a violation of this subsection shall be to such extent
unenforceable and void: Provided further, That this subsection shall
not apply to any agreement embodied in or expressly permitted by a
contract between an employer and a labor organization.'';
(6) in subsection (g), by striking ``clause (B) of the last
sentence of section 8(d) of this Act'' and inserting
``subsection (d)(2)(B)''; and
(7) by adding at the end the following:
``(h)(1) The Board shall promulgate regulations requiring each
employer to post and maintain, in conspicuous places where notices to
employees and applicants for employment are customarily posted both
physically and electronically, a notice setting forth the rights and
protections afforded employees under this Act. The Board shall make
available to the public the form and text of such notice. The Board
shall promulgate regulations requiring employers to notify each new
employee of the information contained in the notice described in the
preceding two sentences.
``(2) Whenever the Board directs an election under section 9(c) or
approves an election agreement, the employer of employees in the
bargaining unit shall, not later than two business days after the Board
directs such election or approves such election agreement, provide a
voter list to a labor organization that has petitioned to represent
such employees. Such voter list shall include the names of all
employees in the bargaining unit and such employees' home addresses,
work locations, shifts, job classifications, and, if available to the
employer, personal landline and mobile telephone numbers, and work and
personal email addresses. Not later than nine months after the date of
enactment of the Protecting the Right to Organize Act of 2019, the
Board shall promulgate regulations implementing the requirements of
this paragraph.''.
(d) Representatives and Elections.--Section 9 of the National Labor
Relations Act (29 U.S.C. 159) is amended--
(1) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) Whenever a petition shall have been filed, in
accordance with such regulations as may be prescribed by the
Board, by an employee or group of employees or any individual
or labor organization acting in their behalf alleging that a
substantial number of employees (i) wish to be represented for
collective bargaining and that their employer declines to
recognize their representative as the representative defined in
section 9(a), or (ii) assert that the individual or labor
organization, which has been certified or is being recognized
by their employer as the bargaining representative, is no
longer a representative as defined in section 9(a), the Board
shall investigate such petition and if it has reasonable cause
to believe that a question of representation affecting commerce
exists shall provide for an appropriate hearing upon due
notice. Such hearing may be conducted by an officer or employee
of the regional office, who shall not make any recommendations
with respect thereto. If the Board finds upon the record of
such hearing that such a question of representation exists, it
shall direct an election by secret ballot and shall certify the
results thereof. No employer shall have standing as a party or
to intervene in any representation proceeding under this
section.'';
(B) in paragraph (3), by striking ``an economic
strike who are not entitled to reinstatement'' and
inserting ``a strike'';
(C) by redesignating paragraphs (4) and (5) as
paragraphs (6) and (7), respectively;
(D) by inserting after paragraph (3) the following:
``(4) If the Board finds that, in an election under
paragraph (1), a majority of the valid votes cast in a unit
appropriate for purposes of collective bargaining have been
cast in favor of representation by the labor organization, the
Board shall certify the labor organization as the
representative of the employees in such unit and shall issue an
order requiring the employer of such employees to collectively
bargain with the labor organization in accordance with section
8(d). This order shall be deemed an order under section 10(c)
of this Act, without need for a determination of an unfair
labor practice.
``(5)(A) If the Board finds that, in an election under
paragraph (1), a majority of the valid votes cast in a unit
appropriate for purposes of collective bargaining have not been
cast in favor of representation by the labor organization, the
Board shall dismiss the petition, subject to subparagraphs (B)
and (C).
``(B) In any case in which a majority of the valid votes
cast in a unit appropriate for purposes of collective
bargaining have not been cast in favor of representation by the
labor organization and the Board determines that the election
should be set aside because the employer has committed a
violation of this Act or otherwise interfered with a fair
election, and the employer has not demonstrated that the
violation or other interference is unlikely to have affected
the outcome of the election, the Board shall, without ordering
a new election, certify the labor organization as the
representative of the employees in such unit and issue an order
requiring the employer to bargain with the labor organization
in accordance with section 8(d) if, at any time during the
period beginning one year preceding the date of the
commencement of the election and ending on the date upon which
the Board makes the determination of a violation or other
interference, a majority of the employees in the bargaining
unit have signed authorizations designating the labor
organization as their collective bargaining representative.
``(C) In any case where the Board determines that an
election under this paragraph should be set aside, the Board
shall direct a new election with appropriate additional
safeguards necessary to ensure a fair election process, except
in cases where the Board issues a bargaining order under
subparagraph (B).''; and
(E) by inserting after paragraph (7), as so
redesignated, the following:
``(8) Except under extraordinary circumstances--
``(A) a pre-election hearing under this subsection
shall begin not later than eight days after a notice of
such hearing is served on the labor organization; and
``(B) a post-election hearing under this subsection
shall begin not later than 14 days after the filing of
objections, if any.''; and
(2) in subsection (d), by striking ``(e) or'' and inserting
``(d) or''.
(e) Prevention of Unfair Labor Practices.--Section 10(c) of the
National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking
``suffered by him'' and inserting ``suffered by such employee: Provided
further, That if the Board finds that an employer has discriminated
against an employee in violation of paragraph (3) or (4) of section
8(a) or has committed a violation of section 8(a) that results in the
discharge of an employee or other serious economic harm to an employee,
the Board shall award the employee back pay without any reduction
(including any reduction based on the employee's interim earnings or
failure to earn interim earnings), front pay (when appropriate),
consequential damages, and an additional amount as liquidated damages
equal to two times the amount of damages awarded: Provided further, no
relief under this subsection shall be denied on the basis that the
employee is, or was during the time of relevant employment or during
the back pay period, an unauthorized alien as defined in section
274A(h)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(3)) or any other provision of Federal law relating to the
unlawful employment of aliens''.
(f) Enforcing Compliance With Orders of the Board.--
(1) In general.--Section 10 of the National Labor Relations
Act (29 U.S.C. 160) is further amended--
(A) by striking subsection (e);
(B) by redesignating subsection (d) as subsection
(e);
(C) by inserting after subsection (c) the
following:
``(d)(1) Each order of the Board shall take effect upon issuance of
such order, unless otherwise directed by the Board, and shall remain in
effect unless modified by the Board or unless a court of competent
jurisdiction issues a superseding order.
``(2) Any person who fails or neglects to obey an order of the
Board shall forfeit and pay to the Board a civil penalty of not more
than $10,000 for each violation, which shall accrue to the Board and
may be recovered in a civil action brought by the Board to the district
court of the United States in which the unfair labor practice or other
subject of the order occurred, or in which such person or entity
resides or transacts business. No action by the Board under this
paragraph may be made until 30 days following the issuance of an order.
Each separate violation of such an order shall be a separate offense,
except that, in the case of a violation in which a person fails to obey
or neglects to obey a final order of the Board, each day such failure
or neglect continues shall be deemed a separate offense.
``(3) If, after having provided a person or entity with notice and
an opportunity to be heard regarding a civil action under subparagraph
(2) for the enforcement of an order, the court determines that the
order was regularly made and duly served, and that the person or entity
is in disobedience of the same, the court shall enforce obedience to
such order by an injunction or other proper process, mandatory or
otherwise, to--
``(A) restrain such person or entity or the officers,
agents, or representatives of such person or entity, from
further disobedience to such order; or
``(B) enjoin such person or entity, officers, agents, or
representatives to obedience to the same.'';
(D) in subsection (f)--
(i) by striking ``proceed in the same
manner as in the case of an application by the
Board under subsection (e) of this section,''
and inserting ``proceed as provided under
paragraph (2) of this subsection'';
(ii) by striking ``Any'' and inserting the
following:
``(1) Within 30 days of the issuance of an order, any'';
and
(iii) by adding at the end the following:
``(2) No objection that has not been urged before the
Board, its member, agent, or agency shall be considered by a
court, unless the failure or neglect to urge such objection
shall be excused because of extraordinary circumstances. The
findings of the Board with respect to questions of fact if
supported by substantial evidence on the record considered as a
whole shall be conclusive. If either party shall apply to the
court for leave to adduce additional evidence and shall show to
the satisfaction of the court that such additional evidence is
material and that there were reasonable grounds for the failure
to adduce such evidence in the hearing before the Board, its
member, agent, or agency, the court may order such additional
evidence to be taken before the Board, its member, agent, or
agency, and to be made a part of the record. The Board may
modify its findings as to the facts, or make new findings, by
reason of additional evidence so taken and filed, and it shall
file such modified or new findings, which findings with respect
to questions of fact if supported by substantial evidence on
the record considered as a whole shall be conclusive, and shall
file its recommendations, if any, for the modification or
setting aside of its original order. Upon the filing of the
record with it the jurisdiction of the court shall be exclusive
and its judgment and decree shall be final, except that the
same shall be subject to review by the appropriate United
States court of appeals if application was made to the district
court, and by the Supreme Court of the United States upon writ
of certiorari or certification as provided in section 1254 of
title 28, United States Code.''; and
(E) in subsection (g), by striking ``subsection (e)
or (f) of this section'' and inserting ``subsection (d)
or (f)''.
(2) Conforming amendment.--Section 18 of the National Labor
Relations Act (29 U.S.C. 168) is amended by striking ``section
10 (e) or (f)'' and inserting ``subsection (d) or (f) of
section 10''.
(g) Injunctions Against Unfair Labor Practices Involving Discharge
or Other Serious Economic Harm.--Section 10 of the National Labor
Relations Act (29 U.S.C. 160) is amended--
(1) in subsection (j)--
(A) by striking ``The Board'' and inserting ``(1)
The Board''; and
(B) by adding at the end the following:
``(2) Notwithstanding subsection (m), whenever it is
charged that an employer has engaged in an unfair labor
practice within the meaning of paragraph (1) or (3) of section
8(a) that significantly interferes with, restrains, or coerces
employees in the exercise of the rights guaranteed under
section 7, or involves discharge or other serious economic harm
to an employee, the preliminary investigation of such charge
shall be made forthwith and given priority over all other cases
except cases of like character in the office where it is filed
or to which it is referred. If, after such investigation, the
officer or regional attorney to whom the matter may be referred
has reasonable cause to believe such charge is true and that a
complaint should issue, such officer or attorney shall bring a
petition for appropriate temporary relief or restraining order
as set forth in paragraph (1). The district court shall grant
the relief requested unless the court concludes that there is
no reasonable likelihood that the Board will succeed on the
merits of the Board's claim.''; and
(2) by repealing subsections (k) and (l).
(h) Penalties.--
(1) In general.--Section 12 of the National Labor Relations
Act (29 U.S.C. 162) is amended--
(A) by striking ``Sec. 12. Any person'' and
inserting the following:
``SEC. 12. PENALTIES.
``(a) Violations for Interference With Board.--Any person''; and
(B) by adding at the end the following:
``(b) Violations for Posting Requirements and Voter List.--If the
Board, or any agent or agency designated by the Board for such
purposes, determines that an employer has violated section 8(h) or
regulations issued thereunder, the Board shall--
``(1) state the findings of fact supporting such
determination;
``(2) issue and cause to be served on such employer an
order requiring that such employer comply with section 8(h) or
regulations issued thereunder; and
``(3) impose a civil penalty in an amount determined
appropriate by the Board, except that in no case shall the
amount of such penalty exceed $500 for each such violation.
``(c) Violations Causing Serious Economic Harm to Employees.--
``(1) In general.--Any employer who commits an unfair labor
practice within the meaning of paragraph (3) or (4) of section
8(a), or a violation of section 8(a) that results in the
discharge of an employee or other serious economic harm to an
employee, shall, in addition to any remedy ordered by the
Board, be subject to a civil penalty in an amount not to exceed
$50,000 for each violation, except that the Board shall double
the amount of such penalty, to an amount not to exceed
$100,000, in any case where the employer has within the
preceding five years committed another such violation.
``(2) Considerations.--In determining the amount of any
civil penalty under this subsection, the Board shall consider--
``(A) the gravity of the unfair labor practice;
``(B) the impact of the unfair labor practice on
the charging party, on other persons seeking to
exercise rights guaranteed by this Act, and on the
public interest; and
``(C) the gross income of the employer.
``(3) Director and officer liability.--If the Board
determines, based on the particular facts and circumstances
presented, that a director or officer's personal liability is
warranted, a civil penalty for a violation described in this
subsection may also be assessed against any director or officer
of the employer who directed or committed the violation, had
established a policy that led to such a violation, or had
actual or constructive knowledge of and the authority to
prevent the violation and failed to prevent the violation.
``(d) Right to Civil Action.--
``(1) In general.--Any person who is injured by reason of a
violation of paragraph (1) or (3) of section 8(a) may, after 60
days following the filing of a charge with the Board alleging
an unfair labor practice, bring a civil action in the
appropriate district court of the United States against the
employer within 90 days after the expiration of the 60-day
period or the date the Board notifies the person that no
complaint shall issue, whichever occurs earlier, provided that
the Board has not filed a petition under section 10(j) of this
Act prior to the expiration of the 60-day period. No relief
under this subsection shall be denied on the basis that the
employee is, or was during the time of relevant employment or
during the back pay period, an unauthorized alien as defined in
section 274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3)) or any other provision of Federal law
relating to the unlawful employment of aliens.
``(2) Available relief.--Relief granted in an action under
paragraph (1) may include--
``(A) back pay without any reduction, including any
reduction based on the employee's interim earnings or
failure to earn interim earnings;
``(B) front pay (when appropriate);
``(C) consequential damages;
``(D) an additional amount as liquidated damages
equal to two times the cumulative amount of damages
awarded under subparagraphs (A) through (C);
``(E) in appropriate cases, punitive damages in
accordance with paragraph (4); and
``(F) any other relief authorized by section 706(g)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g))
or by section 1977A(b) of the Revised Statutes (42
U.S.C. 1981a(b)).
``(3) Attorney's fees.--In any civil action under this
subsection, the court may allow the prevailing party a
reasonable attorney's fee (including expert fees) and other
reasonable costs associated with maintaining the action.
``(4) Punitive damages.--In awarding punitive damages under
paragraph (2)(E), the court shall consider--
``(A) the gravity of the unfair labor practice;
``(B) the impact of the unfair labor practice on
the charging party, on other persons seeking to
exercise rights guaranteed by this Act, and on the
public interest; and
``(C) the gross income of the employer.''.
(2) Conforming amendments.--Section 10(b) of the National
Labor Relations Act (29 U.S.C. 160(b)) is amended--
(A) by striking ``six months'' and inserting ``180
days''; and
(B) by striking ``the six-month period'' and
inserting ``the 180-day period''.
(i) Limitations.--Section 13 of the National Labor Relations Act
(29 U.S.C. 163) is amended by striking the period at the end and
inserting the following: ``: Provided, That the duration, scope,
frequency, or intermittence of any strike or strikes shall not render
such strike or strikes unprotected or prohibited.''.
(j) Fair Share Agreements Permitted.--Section 14(b) of the National
Labor Relations Act (29 U.S.C. 164(b)) is amended by striking the
period at the end and inserting the following: ``: Provided, That
collective bargaining agreements providing that all employees in a
bargaining unit shall contribute fees to a labor organization for the
cost of representation, collective bargaining, contract enforcement,
and related expenditures as a condition of employment shall be valid
and enforceable notwithstanding any State or Territorial law.''.
SEC. 5. AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947.
The Labor Management Relations Act, 1947 is amended--
(1) in section 213(a) (29 U.S.C. 183(a)), by striking
``clause (A) of the last sentence of section 8(d) (which is
required by clause (3) of such section 8(d)), or within 10 days
after the notice under clause (B)'' and inserting ``section
8(d)(2)(A) of the National Labor Relations Act (which is
required by section 8(d)(1)(C) of such Act), or within 10 days
after the notice under section 8(d)(2)(B) of such Act''; and
(2) by repealing section 303 (29 U.S.C. 187).
SEC. 6. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT
OF 1959.
Section 203(c) of the Labor-Management Reporting and Disclosure Act
of 1959 (29 U.S.C. 433(c)) is amended by striking the period at the end
and inserting the following ``: Provided, That this subsection shall
not exempt from the requirements of this section any arrangement or
part of an arrangement in which a party agrees, for an object described
in subsection (b)(1), to plan or conduct employee meetings; train
supervisors or employer representatives to conduct meetings; coordinate
or direct activities of supervisors or employer representatives;
establish or facilitate employee committees; identify employees for
disciplinary action, reward, or other targeting; or draft or revise
employer personnel policies, speeches, presentations, or other written,
recorded, or electronic communications to be delivered or disseminated
to employees.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act, including any
amendments made by this Act.
<all>
Protecting the Right to Organize Act of 2019
#1306 | S Congress #116
Policy Area: Labor and Employment
Last Action: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (5/2/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text