I 

118TH CONGRESS 

1ST SESSION H. R. 721 

To amend the Labor-Management Reporting and Disclosure Act of 1959 

to provide whistleblower protection for union employees. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2023 

Mr. GOOD of Virginia (for himself, Mrs. MILLER of Illinois, and Mr. WEBER

of Texas) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Labor-Management Reporting and Disclosure 

Act of 1959 to provide whistleblower protection for union 

employees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Union Integrity Act’’. 

5 SEC. 2. WHISTLEBLOWER PROTECTION FOR UNION EM6 PLOYEES. 

7 The Labor-Management Reporting and Disclosure 

8 Act of 1959 (29 U.S.C. 401 et seq.) is amended— 


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1 (1) by redesignating section 611 (29 U.S.C. 

2 531) as section 612; and 

3 (2) by inserting after section 610 (29 U.S.C. 

4 530), the following new section: 

5 ‘‘WHISTLEBLOWER PROTECTION FOR UNION EMPLOYEES

6 ‘‘SEC. 611. (a) IN GENERAL.—No labor organization 

7 shall terminate or in any other way discriminate against, 

8 or cause to be terminated or discriminated against, any 

9 covered employee of the labor organization by reason of 

10 the fact that such employee, whether at the initiative of 

11 the employee or in the ordinary course of the duties of 

12 the employee (or any person acting pursuant to a request 

13 of the employee), has— 

14 ‘‘(1) provided, caused to be provided, or is 

15 about to provide or cause to be provided, informa16 tion to the labor organization, the Department of 

17 Labor, or any other State, local, or Federal Govern18 ment authority or law enforcement agency relating 

19 to any violation of, or any act or omission that the 

20 employee reasonably believes to be a violation of, any 

21 provision of this Act or any other provision of law 

22 that is subject to the jurisdiction of the Department 

23 of Labor, the National Labor Relations Board, or 

24 the National Mediation Board, or any rule, order, 

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1 ment of Labor, the National Labor Relations Board, 

2 or the National Mediation Board; 

3 ‘‘(2) testified or will testify in any proceeding 

4 resulting from the administration or enforcement of 

5 any provision of this Act or any other provision of 

6 law that is subject to the jurisdiction of the Depart7 ment of Labor, National Labor Relations Board, or 

8 National Mediation Board, or any rule, order, stand9 ard, or prohibition prescribed by the Department of 

10 Labor, the National Labor Relations Board, or the 

11 National Mediation Board; 

12 ‘‘(3) filed, instituted, or caused to be filed or in13 stituted any proceeding under this Act; or 

14 ‘‘(4) objected to, or refused to participate in, 

15 any activity, policy, practice, or assigned task that 

16 the employee (or other such person) reasonably be17 lieved to be in violation of any law, rule, order, 

18 standard, or prohibition, subject to the jurisdiction 

19 of, or enforceable by, the Department of Labor, the 

20 National Labor Relations Board, or the National 

21 Mediation Board. 

22 ‘‘(b) DEFINITION OF COVERED EMPLOYEE.—For the 

23 purposes of this section, the term ‘covered employee’ 

24 means any employee of a labor organization who receives 


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1 financial compensation for his or her services to the labor 

2 organization, including officers of the labor organization. 

3 ‘‘(c) PROCEDURES AND TIMETABLES.— 

4 ‘‘(1) COMPLAINT.— 

5 ‘‘(A) IN GENERAL.—A person who believes 

6 that he or she has been discharged or otherwise 

7 discriminated against by any person in violation 

8 of subsection (a) may file (or have any person 

9 file on his or her behalf) a complaint with the 

10 Secretary of Labor alleging such discharge or 

11 discrimination and identifying the person re12 sponsible for such act. Such a complaint must 

13 be filed not later than either— 

14 ‘‘(i) 180 days after the date on which 

15 such alleged violation occurs; or 

16 ‘‘(ii) 180 days after the conclusion of 

17 any internal appeals, review, or other judi18 cial or investigative process conducted by 

19 the labor organization employing such per20 son. 

21 ‘‘(B) ACTIONS OF SECRETARY OF

22 LABOR.—Upon receipt of such a complaint, the 

23 Secretary of Labor shall notify, in writing, the 

24 person named in the complaint who is alleged 

25 to have committed the violation, of— 


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1 ‘‘(i) the filing of the complaint; 

2 ‘‘(ii) the allegations contained in the 

3 complaint; 

4 ‘‘(iii) the substance of evidence sup5 porting the complaint; and 

6 ‘‘(iv) opportunities that will be af7 forded to such person under paragraph 

8 (2). 

9 ‘‘(2) INVESTIGATION BY SECRETARY OF

10 LABOR.— 

11 ‘‘(A) IN GENERAL.—Not later than 60 

12 days after the date of receipt of a complaint 

13 filed under paragraph (1), and after affording 

14 the complainant and the person named in the 

15 complaint who is alleged to have committed the 

16 violation that is the basis for the complaint an 

17 opportunity to submit to the Secretary of Labor 

18 a written response to the complaint and an op19 portunity to meet with a representative of the 

20 Secretary of Labor to present statements from 

21 witnesses, the Secretary of Labor shall— 

22 ‘‘(i) initiate an investigation and de23 termine whether there is reasonable cause 

24 to believe that the complaint has merit; 

25 and 


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1 ‘‘(ii) notify the complainant and the 

2 person alleged to have committed the viola3 tion of subsection (a), in writing, of such 

4 determination. 

5 ‘‘(B) NOTICE OF RELIEF AVAILABLE.—If 

6 the Secretary of Labor concludes that there is 

7 reasonable cause to believe that a violation of 

8 subsection (a) has occurred, the Secretary of 

9 Labor shall, together with the notice under sub10 paragraph (A)(ii), issue a preliminary order 

11 providing the relief prescribed by paragraph 

12 (4)(B). 

13 ‘‘(C) REQUEST FOR HEARING.—Not later 

14 than 30 days after the date of receipt of notifi15 cation of a determination of the Secretary of 

16 Labor under this paragraph, either the person 

17 alleged to have committed the violation or the 

18 complainant may file objections to the findings 

19 or preliminary order, or both, and request a 

20 hearing on the record. The filing of such objec21 tions shall not operate to stay any reinstate22 ment remedy contained in the preliminary 

23 order. Any such hearing shall be conducted ex24 peditiously, and if a hearing is not requested in 

25 such 30-day period, the preliminary order shall 


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1 be deemed a final order that is not subject to 

2 judicial review. 

3 ‘‘(3) GROUNDS FOR DETERMINATION OF COM4 PLAINTS.— 

5 ‘‘(A) IN GENERAL.—The Secretary of 

6 Labor shall dismiss a complaint filed under this 

7 subsection, and shall not conduct an investiga8 tion otherwise required under paragraph (2), 

9 unless the complainant makes a prima facie 

10 showing that any behavior described in para11 graphs (1) through (4) of subsection (a) was a 

12 contributing factor in the unfavorable personnel 

13 action alleged in the complaint. 

14 ‘‘(B) REBUTTAL EVIDENCE.—Notwith15 standing a finding by the Secretary of Labor 

16 that the complainant has made the showing re17 quired under subparagraph (A), no investiga18 tion otherwise required under paragraph (2) 

19 shall be conducted, if the labor organization 

20 demonstrates, by clear and convincing evidence, 

21 that the labor organization would have taken 

22 the same unfavorable personnel action in the 

23 absence of that behavior. 

24 ‘‘(C) EVIDENTIARY STANDARDS.—The 

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1 tion of subsection (a) has occurred only if the 

2 complainant demonstrates that any behavior de3 scribed in paragraphs (1) through (4) of sub4 section (a) was a contributing factor in the un5 favorable personnel action alleged in the com6 plaint. Relief may not be ordered under sub7 paragraph (A) if the labor organization dem8 onstrates by clear and convincing evidence that 

9 the labor organization would have taken the 

10 same unfavorable personnel action in the ab11 sence of that behavior. 

12 ‘‘(4) ISSUANCE OF FINAL ORDERS; REVIEW

13 PROCEDURES.— 

14 ‘‘(A) TIMING.—Not later than 120 days 

15 after the date of conclusion of any hearing 

16 under paragraph (2), the Secretary of Labor 

17 shall issue a final order providing the relief pre18 scribed by this paragraph or denying the com19 plaint. At any time before issuance of a final 

20 order, a proceeding under this subsection may 

21 be terminated on the basis of a settlement 

22 agreement entered into by the Secretary of 

23 Labor, the complainant, and the person alleged 

24 to have committed the violation. 

25 ‘‘(B) PENALTIES.— 


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1 ‘‘(i) ORDER OF SECRETARY OF

2 LABOR.—If, in response to a complaint 

3 filed under paragraph (1), the Secretary of 

4 Labor determines that a violation of sub5 section (a) has occurred, the Secretary of 

6 Labor shall order the person who com7 mitted such violation— 

8 ‘‘(I) to take affirmative action to 

9 abate the violation; 

10 ‘‘(II) to reinstate the complain11 ant to his or her former position, to12 gether with compensation (including 

13 back pay) and restore the terms, con14 ditions, and privileges associated with 

15 his or her employment; and 

16 ‘‘(III) to provide compensatory 

17 damages to the complainant. 

18 ‘‘(ii) PENALTY.—If an order is issued 

19 under clause (i), the Secretary of Labor, at 

20 the request of the complainant, shall assess 

21 against the person against whom the order 

22 is issued, a sum equal to the aggregate 

23 amount of all costs and expenses (includ24 ing attorney fees and expert witness fees) 

25 reasonably incurred, as determined by the 


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1 Secretary of Labor, by the complainant 

2 for, or in connection with, the bringing of 

3 the complaint upon which the order was 

4 issued. 

5 ‘‘(C) PENALTY FOR FRIVOLOUS CLAIMS.— 

6 If the Secretary of Labor finds that a complaint 

7 under paragraph (1) is frivolous or has been 

8 brought in bad faith, the Secretary of Labor 

9 may award to the prevailing labor organization 

10 a reasonable attorney fee, not exceeding $1,000, 

11 to be paid by the complainant. 

12 ‘‘(D) DE NOVO REVIEW.— 

13 ‘‘(i) FAILURE OF THE SECRETARY TO

14 ACT.—If the Secretary of Labor has not 

15 issued a final order within 210 days after 

16 the date of filing of a complaint under this 

17 subsection, or within 90 days after the 

18 date of receipt of a written determination, 

19 the complainant may bring an action at 

20 law or equity for de novo review in the ap21 propriate district court of the United 

22 States having jurisdiction, which shall have 

23 jurisdiction over such an action without re24 gard to the amount in controversy, and 

25 which action shall, at the request of either 


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1 party to such action, be tried by the court 

2 with a jury. 

3 ‘‘(ii) PROCEDURES.—A proceeding 

4 under clause (i) shall be governed by the 

5 same legal burdens of proof specified in 

6 paragraph (3). The court shall have juris7 diction to grant all relief necessary to 

8 make the employee whole, including injunc9 tive relief and compensatory damages, in10 cluding— 

11 ‘‘(I) reinstatement with the same 

12 seniority status that the employee 

13 would have had, but for the discharge 

14 or discrimination; 

15 ‘‘(II) the amount of back pay, 

16 with interest; and 

17 ‘‘(III) compensation for any spe18 cial damages sustained as a result of 

19 the discharge or discrimination, in20 cluding litigation costs, expert witness 

21 fees, and reasonable attorney fees. 

22 ‘‘(E) OTHER APPEALS.—Unless the com23 plainant brings an action under subparagraph 

24 (D), any person adversely affected or aggrieved 

25 by a final order issued under subparagraph (A) 


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1 may file a petition for review of the order in the 

2 United States Court of Appeals for the circuit 

3 in which the violation with respect to which the 

4 order was issued, allegedly occurred or the cir5 cuit in which the complainant resided on the 

6 date of such violation, not later than 60 days 

7 after the date of the issuance of the final order 

8 of the Secretary of Labor under subparagraph 

9 (A). Review shall conform to chapter 7 of title 

10 5, United States Code. The commencement of 

11 proceedings under this subparagraph shall not, 

12 unless ordered by the court, operate as a stay 

13 of the order. An order of the Secretary of 

14 Labor with respect to which review could have 

15 been obtained under this subparagraph shall 

16 not be subject to judicial review in any criminal 

17 or other civil proceeding. 

18 ‘‘(5) FAILURE TO COMPLY WITH ORDER.— 

19 ‘‘(A) ACTIONS BY THE SECRETARY.—If 

20 any person has failed to comply with a final 

21 order issued under paragraph (4), the Secretary 

22 of Labor may file a civil action in the United 

23 States district court for the district in which 

24 the violation was found to have occurred, or in 

25 the United States district court for the District 


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1 of Columbia, to enforce such order. In actions 

2 brought under this paragraph, the district 

3 courts shall have jurisdiction to grant all appro4 priate relief including injunctive relief and com5 pensatory damages. 

6 ‘‘(B) CIVIL ACTIONS TO COMPEL COMPLI7 ANCE.—A person on whose behalf an order was 

8 issued under paragraph (4) may commence a 

9 civil action against the person to whom such 

10 order was issued to require compliance with 

11 such order. The appropriate United States dis12 trict court shall have jurisdiction, without re13 gard to the amount in controversy or the citi14 zenship of the parties, to enforce such order. 

15 ‘‘(C) AWARD OF COSTS AUTHORIZED.— 

16 The court, in issuing any final order under this 

17 paragraph, may award costs of litigation (in18 cluding reasonable attorney and expert witness 

19 fees) to any party, whenever the court deter20 mines such award is appropriate. 

21 ‘‘(D) MANDAMUS PROCEEDINGS.—Any 

22 nondiscretionary duty imposed by this section 

23 shall be enforceable in a mandamus proceeding 

24 brought under section 1361 of title 28, United 

25 States Code. 


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1 ‘‘(d) LIMITATION OF PREEMPTION.—Nothing in this 

2 Act shall be construed— 

3 ‘‘(1) to limit the ability of members of a labor 

4 organization to remove their elected or appointed of5 ficials through a democratic election conducted 

6 among such members; or 

7 ‘‘(2) to preempt a State or local government 

8 from providing additional protections to employees 

9 of labor organizations who allege violations of sub10 section (a), provided that such protections do not 

11 limit the ability of members of a labor organization 

12 to remove their elected or appointed officials through 

13 a democratic ballot. 

14 ‘‘(e) UNENFORCEABILITY OF CERTAIN AGREE15 MENTS.— 

16 ‘‘(1) NO WAIVER OF RIGHTS AND REMEDIES.— 

17 Notwithstanding any other provision of law, the 

18 rights and remedies provided for in this section may 

19 not be waived by any agreement, policy, form, or 

20 condition of employment, including by any 

21 predispute arbitration agreement. 

22 ‘‘(2) NO PREDISPUTE ARBITRATION AGREE23 MENTS.—Notwithstanding any other provision of 

24 law, no predispute arbitration agreement shall be 


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1 valid or enforceable to the extent that it requires ar2 bitration of a dispute arising under this section.’’. 

Æ 


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