II 

Calendar No. 133 

118TH CONGRESS 

1ST SESSION S. 567 

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 

FEBRUARY 28, 2023 

Mr. SANDERS (for himself, Mr. SCHUMER, Mrs. MURRAY, Ms. BALDWIN, Mr. 

BENNET, 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, Mr. FETTERMAN, Mrs. 

GILLIBRAND, Ms. HASSAN, Mr. HEINRICH, Mr. HICKENLOOPER, Ms. 

HIRONO, Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. LUJA ́N, Mr. 

MANCHIN, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, 

Mr. OSSOFF, Mr. PADILLA, Mr. PETERS, Mr. REED, Ms. ROSEN, Mr. 

SCHATZ, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Mr. TESTER, Mr. 

VAN HOLLEN, Mr. WARNOCK, Ms. WARREN, Mr. WELCH, Mr. WHITEHOUSE, and Mr. WYDEN) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

JULY 18, 2023 

Reported by Mr. SANDERS, without amendment 

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. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Richard L. Trumka Protecting the Right to Organize Act 

6 of 2023’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AMENDMENTS TO THE NATIONAL LABOR RELATIONS 

ACT 

Sec. 101. Definitions. 

Sec. 102. Reports. 

Sec. 103. Appointment. 

Sec. 104. Unfair labor practices. 

Sec. 105. Representatives and elections. 

Sec. 106. Damages for unfair labor practices. 

Sec. 107. Enforcing compliance with orders of the Board. 

Sec. 108. Injunctions against unfair labor practices involving discharge or other 

serious economic harm. 

Sec. 109. Penalties. 

Sec. 110. Limitations on the right to strike. 

Sec. 111. Fair share agreements permitted. 

TITLE II—AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947 AND THE LABOR-MANAGEMENT REPORTING 

AND DISCLOSURE ACT OF 1959 

Sec. 201. Conforming amendments to the Labor Management Relations Act, 

1947. 

Sec. 202. Amendments to the Labor-Management Reporting and Disclosure Act 

of 1959. 

TITLE III—OTHER MATTERS 

Sec. 301. Severability. 

Sec. 302. Authorization of appropriations. 


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1 TITLE I—AMENDMENTS TO THE 

2 NATIONAL LABOR RELATIONS 

3 ACT 

4 SEC. 101. DEFINITIONS. 

5 (a) JOINT EMPLOYER.—Section 2(2) of the National 

6 Labor Relations Act (29 U.S.C. 152(2)) is amended by 

7 adding at the end the following: ‘‘Two or more persons 

8 shall be employers with respect to an employee if each 

9 such person codetermines or shares control over the em10 ployee’s essential terms and conditions of employment. In 

11 determining whether such control exists, the Board or a 

12 court of competent jurisdiction shall consider as relevant 

13 direct control and indirect control over such terms and 

14 conditions, reserved authority to control such terms and 

15 conditions, and control over such terms and conditions ex16 ercised by a person in fact: Provided, That nothing herein 

17 precludes a finding that indirect or reserved control stand18 ing alone can be sufficient given specific facts and cir19 cumstances.’’. 

20 (b) EMPLOYEE.—Section 2(3) of the National Labor 

21 Relations Act (29 U.S.C. 152(3)) is amended by adding 

22 at the end the following: ‘‘An individual performing any 

23 service shall be considered an employee (except as pro24 vided in the previous sentence) and not an independent 

25 contractor, unless— 


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1 ‘‘(A) the individual is free from control and 

2 direction in connection with the performance of 

3 the service, both under the contract for the per4 formance of service and in fact; 

5 ‘‘(B) the service is performed outside the 

6 usual course of the business of the employer; 

7 and 

8 ‘‘(C) the individual is customarily engaged 

9 in an independently established trade, occupa10 tion, profession, or business of the same nature 

11 as that involved in the service performed.’’. 

12 (c) SUPERVISOR.—Section 2(11) of the National 

13 Labor Relations Act (29 U.S.C. 152(11)) is amended— 

14 (1) by inserting ‘‘and for a majority of the indi15 vidual’s worktime’’ after ‘‘interest of the employer’’; 

16 (2) by striking ‘‘assign,’’; and 

17 (3) by striking ‘‘or responsibly to direct them,’’. 

18 SEC. 102. REPORTS. 

19 Section 3(c) of the National Labor Relations Act (29 

20 U.S.C. 153(c)) is amended— 

21 (1) by striking ‘‘The Board’’ and inserting ‘‘(1) 

22 The Board’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(2) Effective January 1, 2025, section 3003 of the 

25 Federal Reports Elimination and Sunset Act of 1995 


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1 (Public Law 104–66; 31 U.S.C. 1113 note) shall not apply 

2 with respect to reports required under this subsection. 

3 ‘‘(3) Each report issued under this subsection shall— 

4 ‘‘(A) include no less detail than reports issued 

5 by the Board prior to the termination of such re6 ports under section 3003 of the Federal Reports 

7 Elimination and Sunset Act of 1995 (Public Law 

8 104–66; 31 U.S.C. 1113 note); 

9 ‘‘(B) list each case in which the Designated 

10 Agency Ethics Official provided advice regarding 

11 whether a Member should be recused from partici12 pating in a case or rulemaking; and 

13 ‘‘(C) list each case in which the Designated 

14 Agency Ethics Official determined that a Member 

15 should be recused from participating in a case or 

16 rulemaking.’’. 

17 SEC. 103. APPOINTMENT. 

18 Section 4(a) of the National Labor Relations Act (29 

19 U.S.C. 154(a)) is amended by striking ‘‘, or for economic 

20 analysis’’. 

21 SEC. 104. UNFAIR LABOR PRACTICES. 

22 Section 8 of the National Labor Relations Act (29 

23 U.S.C. 158) is amended— 

24 (1) in subsection (a)— 


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1 (A) in paragraph (5), by striking the pe2 riod and inserting ‘‘;’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(6) to promise, threaten, or take any action— 

5 ‘‘(A) to permanently replace an employee 

6 who participates in a strike as defined by sec7 tion 501(2) of the Labor Management Rela8 tions Act, 1947 (29 U.S.C. 142(2)); 

9 ‘‘(B) to discriminate against an employee 

10 who is working or has unconditionally offered to 

11 return to work for the employer because the 

12 employee supported or participated in such a 

13 strike; or 

14 ‘‘(C) to lockout, suspend, or otherwise 

15 withhold employment from employees in order 

16 to influence the position of such employees or 

17 the representative of such employees in collec18 tive bargaining prior to a strike; and 

19 ‘‘(7) to communicate or misrepresent to an em20 ployee under section 2(3) that such employee is ex21 cluded from the definition of employee under section 

22 2(3).’’; 

23 (2) in subsection (b)— 

24 (A) by striking paragraphs (4) and (7); 


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1 (B) by redesignating paragraphs (5) and 

2 (6) as paragraphs (4) and (5), respectively; 

3 (C) in paragraph (4), as so redesignated, 

4 by striking ‘‘affected;’’ and inserting ‘‘affected; 

5 and’’; and 

6 (D) in paragraph (5), as so redesignated, 

7 by striking ‘‘; and’’ and inserting a period; 

8 (3) in subsection (c), by striking the period at 

9 the end and inserting the following: ‘‘: Provided, 

10 That it shall be an unfair labor practice under sub11 section (a)(1) for any employer to require or coerce 

12 an employee to attend or participate in such employ13 er’s campaign activities unrelated to the employee’s 

14 job duties, including activities that are subject to the 

15 requirements under section 203(b) of the Labor16 Management Reporting and Disclosure Act of 1959 

17 (29 U.S.C. 433(b)).’’; 

18 (4) in subsection (d)— 

19 (A) by redesignating paragraphs (1) 

20 through (4) as subparagraphs (A) through (D), 

21 respectively; 

22 (B) by striking ‘‘For the purposes of this 

23 section’’ and inserting ‘‘(1) For purposes of this 

24 section’’; 


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1 (C) by inserting ‘‘and to maintain current 

2 wages, hours, and terms and conditions of em3 ployment pending an agreement’’ after ‘‘arising 

4 thereunder’’; 

5 (D) by inserting ‘‘: Provided, That an em6 ployer’s duty to collectively bargain shall con7 tinue absent decertification of the labor organi8 zation following an election conducted pursuant 

9 to section 9’’ after ‘‘making of a concession’’; 

10 (E) by inserting ‘‘further’’ before ‘‘, That 

11 where there is in effect’’; 

12 (F) by striking ‘‘The duties imposed’’ and 

13 inserting ‘‘(2) The duties imposed’’; 

14 (G) by striking ‘‘by paragraphs (2), (3), 

15 and (4)’’ and inserting ‘‘by subparagraphs (B), 

16 (C), and (D) of paragraph (1)’’; 

17 (H) by striking ‘‘section 8(d)(1)’’ and in18 serting ‘‘paragraph (1)(A)’’; 

19 (I) by striking ‘‘section 8(d)(3)’’ each place 

20 it appears and inserting ‘‘paragraph (1)(C)’’; 

21 (J) by striking ‘‘section 8(d)(4)’’ and in22 serting ‘‘paragraph (1)(D)’’; and 

23 (K) by adding at the end the following: 

24 ‘‘(3) Whenever collective bargaining is for the pur25 pose of establishing an initial collective bargaining agreeVerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567

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1 ment following certification or recognition of a labor orga2 nization, the following shall apply: 

3 ‘‘(A) Not later than 10 days after receiving a 

4 written request for collective bargaining from an in5 dividual or labor organization that has been newly 

6 recognized or certified as a representative as defined 

7 in section 9(a), or within such further period as the 

8 parties agree upon, the parties shall meet and com9 mence to bargain collectively and shall make every 

10 reasonable effort to conclude and sign a collective 

11 bargaining agreement. 

12 ‘‘(B) If after the expiration of the 90-day pe13 riod beginning on the date on which bargaining is 

14 commenced, or such additional period as the parties 

15 may agree upon, the parties have failed to reach an 

16 agreement, either party may notify the Federal Me17 diation and Conciliation Service of the existence of 

18 a dispute and request mediation. Whenever such a 

19 request is received, it shall be the duty of the Service 

20 promptly to put itself in communication with the 

21 parties and to use its best efforts, by mediation and 

22 conciliation, to bring them to agreement. 

23 ‘‘(C) If after the expiration of the 30-day period 

24 beginning on the date on which the request for me25 diation is made under subparagraph (B), or such adVerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567

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1 ditional period as the parties may agree upon, the 

2 Service is not able to bring the parties to agreement 

3 by conciliation, the Service shall refer the dispute to 

4 a tripartite arbitration panel established in accord5 ance with such regulations as may be prescribed by 

6 the Service, with one member selected by the labor 

7 organization, one member selected by the employer, 

8 and one neutral member mutually agreed to by the 

9 parties. The labor organization and employer must 

10 each select the members of the tripartite arbitration 

11 panel within 14 days of the Service’s referral; if the 

12 labor organization or employer fail to do so, the 

13 Service shall designate any members not selected by 

14 the labor organization or the employer. A majority 

15 of the tripartite arbitration panel shall render a deci16 sion settling the dispute and such decision shall be 

17 binding upon the parties for a period of 2 years, un18 less amended during such period by written consent 

19 of the parties. Such decision shall be based on— 

20 ‘‘(i) the employer’s financial status and 

21 prospects; 

22 ‘‘(ii) the size and type of the employer’s 

23 operations and business; 

24 ‘‘(iii) the employees’ cost of living; 


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1 ‘‘(iv) the employees’ ability to sustain 

2 themselves, their families, and their dependents 

3 on the wages and benefits they earn from the 

4 employer; and 

5 ‘‘(v) the wages and benefits other employ6 ers in the same business provide their employ7 ees.’’; 

8 (5) by amending subsection (e) to read as fol9 lows: 

10 ‘‘(e) Notwithstanding chapter 1 of title 9, United 

11 States Code (commonly known as the ‘Federal Arbitration 

12 Act’), or any other provision of law, it shall be an unfair 

13 labor practice under subsection (a)(1) for any employer— 

14 ‘‘(1) to enter into or attempt to enforce any 

15 agreement, express or implied, whereby prior to a 

16 dispute to which the agreement applies, an employee 

17 undertakes or promises not to pursue, bring, join, 

18 litigate, or support any kind of joint, class, or collec19 tive claim arising from or relating to the employ20 ment of such employee in any forum that, but for 

21 such agreement, is of competent jurisdiction; 

22 ‘‘(2) to coerce an employee into undertaking or 

23 promising not to pursue, bring, join, litigate, or sup24 port any kind of joint, class, or collective claim arisVerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567

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1 ing from or relating to the employment of such em2 ployee; or 

3 ‘‘(3) to retaliate or threaten to retaliate against 

4 an employee for refusing to undertake or promise 

5 not to pursue, bring, join, litigate, or support any 

6 kind of joint, class, or collective claim arising from 

7 or relating to the employment of such employee: 

8 Provided, That any agreement that violates this subsection 

9 or results from a violation of this subsection shall be to 

10 such extent unenforceable and void: Provided further, That 

11 this subsection shall not apply to any agreement embodied 

12 in or expressly permitted by a contract between an em13 ployer and a labor organization.’’; 

14 (6) in subsection (g), by striking ‘‘clause (B) of 

15 the last sentence of section 8(d) of this Act’’ and in16 serting ‘‘subsection (d)(2)(B)’’; and 

17 (7) by adding at the end the following: 

18 ‘‘(h)(1) The Board shall promulgate regulations re19 quiring each employer to post and maintain, in con20 spicuous places where notices to employees and applicants 

21 for employment are customarily posted both physically and 

22 electronically, a notice setting forth the rights and protec23 tions afforded employees under this Act. The Board shall 

24 make available to the public the form and text of such 

25 notice. The Board shall promulgate regulations requiring 


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1 employers to notify each new employee of the information 

2 contained in the notice described in the preceding two sen3 tences. 

4 ‘‘(2) Whenever the Board directs an election under 

5 section 9(c) or approves an election agreement, the em6 ployer of employees in the bargaining unit shall, not later 

7 than 2 business days after the Board directs such election 

8 or approves such election agreement, provide a voter list 

9 to a labor organization that has petitioned to represent 

10 such employees. Such voter list shall include the names 

11 of all employees in the bargaining unit and such employ12 ees’ home addresses, work locations, shifts, job classifica13 tions, and, if available to the employer, personal landline 

14 and mobile telephone numbers, and work and personal 

15 email addresses; such voter list shall be provided in a 

16 searchable electronic format generally approved by the 

17 Board unless the employer certifies that the employer does 

18 not possess the capacity to produce the list in the required 

19 form. Not later than 9 months after the date of enactment 

20 of the Richard L. Trumka Protecting the Right to Orga21 nize Act of 2023, the Board shall promulgate regulations 

22 implementing the requirements of this paragraph. 

23 ‘‘(i) The rights of an employee under section 7 in24 clude the right to use electronic communication devices 

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1 net access, email, cellular telephones, or other company 

2 equipment) of the employer of such employee to engage 

3 in activities protected under section 7 if such employer has 

4 given such employee access to such devices and systems 

5 in the course of the work of such employee, absent a com6 pelling business rationale for denying or limiting such 

7 use.’’. 

8 SEC. 105. REPRESENTATIVES AND ELECTIONS. 

9 Section 9 of the National Labor Relations Act (29 

10 U.S.C. 159) is amended— 

11 (1) in subsection (c)— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) Whenever a petition shall have been filed, in ac15 cordance with such regulations as may be prescribed by 

16 the Board, by an employee or group of employees or any 

17 individual or labor organization acting in their behalf al18 leging that a substantial number of employees (i) wish to 

19 be represented for collective bargaining and that their em20 ployer declines to recognize their representative as the rep21 resentative defined in section 9(a), or (ii) assert that the 

22 individual or labor organization, which has been certified 

23 or is being recognized by their employer as the bargaining 

24 representative, is no longer a representative as defined in 

25 section 9(a), the Board shall investigate such petition and 


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1 if it has reasonable cause to believe that a question of rep2 resentation affecting commerce exists shall provide for an 

3 appropriate hearing upon due notice. Such hearing may 

4 be conducted by an officer or employee of the regional of5 fice, who shall not make any recommendations with re6 spect thereto. If the Board finds upon the record of such 

7 hearing that such a question of representation exists, it 

8 shall direct an election by secret ballot and shall certify 

9 the results thereof. The Board shall find the labor organi10 zation’s proposed unit to be appropriate if the employees 

11 in the proposed unit share a community of interest, and 

12 if the employees outside the unit do not share an over13 whelming community of interest with employees inside. At 

14 the request of the labor organization, the Board shall di15 rect that the election be conducted through certified mail, 

16 electronically, at the work location, or at a location other 

17 than one owned or controlled by the employer. No em18 ployer shall have standing as a party or to intervene in 

19 any representation proceeding under this section.’’; 

20 (B) in paragraph (3), by striking ‘‘an eco21 nomic strike who are not entitled to reinstate22 ment’’ and inserting ‘‘a strike’’; 

23 (C) by redesignating paragraphs (4) and 

24 (5) as paragraphs (6) and (7), respectively; 


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1 (D) by inserting after paragraph (3) the 

2 following: 

3 ‘‘(4) If the Board finds that, in an election under 

4 paragraph (1), a majority of the valid votes cast in a unit 

5 appropriate for purposes of collective bargaining have been 

6 cast in favor of representation by the labor organization, 

7 the Board shall certify the labor organization as the rep8 resentative of the employees in such unit and shall issue 

9 an order requiring the employer of such employees to col10 lectively bargain with the labor organization in accordance 

11 with section 8(d). This order shall be deemed an order 

12 under section 10(c) of this Act, without need for a deter13 mination of an unfair labor practice. 

14 ‘‘(5)(A) If the Board finds that, in an election under 

15 paragraph (1), a majority of the valid votes cast in a unit 

16 appropriate for purposes of collective bargaining have not 

17 been cast in favor of representation by the labor organiza18 tion, the Board shall certify the results of the election, 

19 subject to subparagraphs (B) and (C). 

20 ‘‘(B) In any case in which a majority of the valid 

21 votes cast in a unit appropriate for purposes of collective 

22 bargaining have not been cast in favor of representation 

23 by the labor organization and the Board determines, fol24 lowing a post-election hearing, that the employer has com25 mitted a violation of this Act or otherwise interfered with 


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1 a fair election, and the employer has not demonstrated 

2 that the violation or other interference is unlikely to have 

3 affected the outcome of the election, the Board shall, with4 out ordering a new election, set aside the election and cer5 tify the labor organization as the representative of the em6 ployees in such unit and issue an order requiring the em7 ployer to bargain with the labor organization in accord8 ance with section 8(d) if, at any time during the period 

9 beginning 1 year preceding the date of the commencement 

10 of the election and ending on the date upon which the 

11 Board makes the determination of a violation or other in12 terference, a majority of the employees in the bargaining 

13 unit have signed authorizations designating the labor or14 ganization as their collective bargaining representative. 

15 ‘‘(C) In any case where the Board determines that 

16 an election under this paragraph should be set aside, the 

17 Board shall direct a new election with appropriate addi18 tional safeguards necessary to ensure a fair election proc19 ess, except in cases where the Board issues a bargaining 

20 order under subparagraph (B).’’; and 

21 (E) by inserting after paragraph (7), as so 

22 redesignated, the following: 

23 ‘‘(8) Except under extraordinary circumstances— 

24 ‘‘(A) a pre-election hearing under this sub25 section shall begin not later than 8 days after a noVerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567

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1 tice of such hearing is served on the labor organiza2 tion and shall continue from day to day until com3 pleted; 

4 ‘‘(B) a regional director shall transmit the no5 tice of election at the same time as the direction of 

6 election, and shall transmit such notice and such di7 rection electronically (including transmission by 

8 email or facsimile) or by overnight mail if electronic 

9 transmission is unavailable; 

10 ‘‘(C) not later than 2 days after the service of 

11 the notice of hearing, the employer shall— 

12 ‘‘(i) post the Notice of Petition for Elec13 tion in conspicuous places, including all places 

14 where notices to employees are customarily 

15 posted; 

16 ‘‘(ii) if the employer customarily commu17 nicates with employees electronically, distribute 

18 such Notice electronically; and 

19 ‘‘(iii) maintain such posting until the peti20 tion is dismissed or withdrawn or the Notice of 

21 Petition for Election is replaced by the Notice 

22 of Election; 

23 ‘‘(D) regional directors shall schedule elections 

24 for the earliest date practicable, but not later than 


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1 the 20th business day after the direction of election; 

2 and 

3 ‘‘(E) a post-election hearing under this sub4 section shall begin not later than 14 days after the 

5 filing of objections, if any.’’; 

6 (2) in subsection (d), by striking ‘‘(e) or’’ and 

7 inserting ‘‘(d) or’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(f) The Board shall dismiss any petition for an elec10 tion with respect to a bargaining unit or any subdivision 

11 if, during the 12-month period ending on the date on 

12 which the petition is filed— 

13 ‘‘(1) the employer has recognized a labor orga14 nization without an election and in accordance with 

15 this Act; 

16 ‘‘(2) the labor organization and employer en17 gaged in their first bargaining session following the 

18 issuance of a bargaining order by the Board; or 

19 ‘‘(3) the labor organization and successor em20 ployer engaged in their first bargaining session fol21 lowing a succession. 

22 ‘‘(g) The Board shall dismiss any petition for an elec23 tion with respect to a bargaining unit or any subdivision 

24 if there is in effect a lawful written collective bargaining 

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1 resentative covering any employees in the unit specified 

2 in the petition, unless the petition is filed— 

3 ‘‘(1) on or after the date that is 3 years after 

4 the date on which the collective bargaining agree5 ment took effect; or 

6 ‘‘(2) during the 30-day period beginning on the 

7 date that is 90 days before the date that is 3 years 

8 after the date on which the collective bargaining 

9 agreement took effect. 

10 ‘‘(h) The Board shall suspend the processing of any 

11 petition for an election with respect to a bargaining unit 

12 or any subdivision if a labor organization files an unfair 

13 labor practice charge alleging a violation of section 8(a) 

14 and requesting the suspension of a pending petition until 

15 the unlawful conduct, if any, is remedied or the charge 

16 is dismissed unless the Board determines that employees 

17 can, under the circumstances, exercise free choice in an 

18 election despite the unlawful conduct alleged in the 

19 charge.’’. 

20 SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 

21 Section 10(c) of the National Labor Relations Act 

22 (29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 

23 him’’ and inserting ‘‘suffered by such employee: Provided 

24 further, That if the Board finds that an employer has dis25 criminated against an employee in violation of paragraph 


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1 (3) or (4) of section 8(a) or has committed a violation 

2 of section 8(a) that results in the discharge of an employee 

3 or other serious economic harm to an employee, the Board 

4 shall award the employee back pay without any reduction 

5 (including any reduction based on the employee’s interim 

6 earnings or failure to earn interim earnings), front pay 

7 (when appropriate), consequential damages, and an addi8 tional amount as liquidated damages equal to two times 

9 the amount of damages awarded: Provided further, no re10 lief under this subsection shall be denied on the basis that 

11 the employee is, or was during the time of relevant em12 ployment or during the back pay period, an unauthorized 

13 alien as defined in section 274A(h)(3) of the Immigration 

14 and Nationality Act (8 U.S.C. 1324a(h)(3)) or any other 

15 provision of Federal law relating to the unlawful employ16 ment of aliens’’. 

17 SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 

18 BOARD. 

19 (a) IN GENERAL.—Section 10 of the National Labor 

20 Relations Act (29 U.S.C. 160) is further amended— 

21 (1) by striking subsection (e); 

22 (2) by redesignating subsection (d) as sub23 section (e); 

24 (3) by inserting after subsection (c) the fol25 lowing: 


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1 ‘‘(d)(1) Each order of the Board shall take effect 

2 upon issuance of such order, unless otherwise directed by 

3 the Board, and shall remain in effect unless modified by 

4 the Board or unless a court of competent jurisdiction 

5 issues a superseding order. 

6 ‘‘(2) Any person who fails or neglects to obey an 

7 order of the Board shall forfeit and pay to the Board a 

8 civil penalty of not more than $10,000 for each violation, 

9 which shall accrue to the United States and may be recov10 ered in a civil action brought by the Board to the district 

11 court of the United States in which the unfair labor prac12 tice or other subject of the order occurred, or in which 

13 such person or entity resides or transacts business. No ac14 tion by the Board under this paragraph may be made until 

15 30 days following the issuance of an order. Each separate 

16 violation of such an order shall be a separate offense, ex17 cept that, in the case of a violation in which a person fails 

18 to obey or neglects to obey a final order of the Board, 

19 each day such failure or neglect continues shall be deemed 

20 a separate offense. 

21 ‘‘(3) If, after having provided a person or entity with 

22 notice and an opportunity to be heard regarding a civil 

23 action under paragraph (2) for the enforcement of an 

24 order, the court determines that the order was regularly 

25 made and duly served, and that the person or entity is 


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1 in disobedience of the same, the court shall enforce obedi2 ence to such order by an injunction or other proper proc3 ess, mandatory or otherwise, to— 

4 ‘‘(A) restrain such person or entity or the offi5 cers, agents, or representatives of such person or en6 tity, from further disobedience to such order; or 

7 ‘‘(B) enjoin such person or entity, officers, 

8 agents, or representatives to obedience to the 

9 same.’’; 

10 (4) in subsection (f)— 

11 (A) by striking ‘‘proceed in the same man12 ner as in the case of an application by the 

13 Board under subsection (e) of this section,’’ and 

14 inserting ‘‘proceed as provided under paragraph 

15 (2) of this subsection’’; 

16 (B) by striking ‘‘Any’’ and inserting ‘‘(1) 

17 Within 30 days of the issuance of an order, 

18 any’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(2) No objection that has not been urged before the 

21 Board, its member, agent, or agency shall be considered 

22 by a court, unless the failure or neglect to urge such objec23 tion shall be excused because of extraordinary cir24 cumstances. The findings of the Board with respect to 

25 questions of fact if supported by substantial evidence on 


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1 the record considered as a whole shall be conclusive. If 

2 either party shall apply to the court for leave to adduce 

3 additional evidence and shall show to the satisfaction of 

4 the court that such additional evidence is material and 

5 that there were reasonable grounds for the failure to ad6 duce such evidence in the hearing before the Board, its 

7 member, agent, or agency, the court may order such addi8 tional evidence to be taken before the Board, its member, 

9 agent, or agency, and to be made a part of the record. 

10 The Board may modify its findings as to the facts, or 

11 make new findings, by reason of additional evidence so 

12 taken and filed, and it shall file such modified or new find13 ings, which findings with respect to questions of fact if 

14 supported by substantial evidence on the record considered 

15 as a whole shall be conclusive, and shall file its rec16 ommendations, if any, for the modification or setting aside 

17 of its original order. Upon the filing of the record with 

18 it the jurisdiction of the court shall be exclusive and its 

19 judgment and decree shall be final, except that the same 

20 shall be subject to review by the appropriate United States 

21 court of appeals if application was made to the district 

22 court, and by the Supreme Court of the United States 

23 upon writ of certiorari or certification as provided in sec24 tion 1254 of title 28, United States Code.’’; and 


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•S 567 RS

1 (5) in subsection (g), by striking ‘‘subsection 

2 (e) or (f) of this section’’ and inserting ‘‘subsection 

3 (d) or (f)’’. 

4 (b) CONFORMING AMENDMENT.—Section 18 of the 

5 National Labor Relations Act (29 U.S.C. 168) is amended 

6 by striking ‘‘ section 10(e) or (f)’’ and inserting ‘‘sub7 section (d) or (f) of section 10’’. 

8 SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC9 TICES INVOLVING DISCHARGE OR OTHER SE10 RIOUS ECONOMIC HARM. 

11 Section 10 of the National Labor Relations Act (29 

12 U.S.C. 160) is amended— 

13 (1) in subsection (j)— 

14 (A) by striking ‘‘The Board’’ and inserting 

15 ‘‘(1) The Board’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(2) Notwithstanding subsection (m), whenever it is 

18 charged that an employer has engaged in an unfair labor 

19 practice within the meaning of paragraph (1), (3), or (4) 

20 of section 8(a) that significantly interferes with, restrains, 

21 or coerces employees in the exercise of the rights guaran22 teed under section 7, or involves discharge or other serious 

23 economic harm to an employee, the preliminary investiga24 tion of such charge shall be made forthwith and given pri25 ority over all other cases except cases of like character 


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1 in the office where it is filed or to which it is referred. 

2 If, after such investigation, the officer or regional attorney 

3 to whom the matter may be referred has reasonable cause 

4 to believe such charge is true and that a complaint should 

5 issue, such officer or attorney shall bring a petition for 

6 appropriate temporary relief or restraining order as set 

7 forth in paragraph (1). The district court shall grant the 

8 relief requested unless the court concludes that there is 

9 no reasonable likelihood that the Board will succeed on 

10 the merits of the Board’s claim.’’; and 

11 (2) by repealing subsections (k) and (l). 

12 SEC. 109. PENALTIES. 

13 (a) IN GENERAL.—Section 12 of the National Labor 

14 Relations Act (29 U.S.C. 162) is amended— 

15 (1) by striking ‘‘SEC. 12. Any person’’ and in16 serting the following: 

17 ‘‘SEC. 12. PENALTIES. 

18 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH

19 BOARD.—Any person’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS AND

22 VOTER LIST.—If the Board, or any agent or agency des23 ignated by the Board for such purposes, determines that 

24 an employer has violated section 8(h) or regulations issued 

25 thereunder, the Board shall— 


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1 ‘‘(1) state the findings of fact supporting such 

2 determination; 

3 ‘‘(2) issue and cause to be served on such em4 ployer an order requiring that such employer comply 

5 with section 8(h) or regulations issued thereunder; 

6 and 

7 ‘‘(3) impose a civil penalty in an amount deter8 mined appropriate by the Board, except that in no 

9 case shall the amount of such penalty exceed $500 

10 for each such violation. 

11 ‘‘(c) CIVIL PENALTIES FOR VIOLATIONS.— 

12 ‘‘(1) IN GENERAL.—Any employer who commits 

13 an unfair labor practice within the meaning of sec14 tion 8(a) shall, in addition to any remedy ordered by 

15 the Board, be subject to a civil penalty in an amount 

16 not to exceed $50,000 for each violation, except 

17 that, with respect to an unfair labor practice within 

18 the meaning of paragraph (3) or (4) of section 8(a) 

19 or a violation of section 8(a) that results in the dis20 charge of an employee or other serious economic 

21 harm to an employee, the Board shall double the 

22 amount of such penalty, to an amount not to exceed 

23 $100,000, in any case where the employer has with24 in the preceding 5 years committed another such 

25 violation. 


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1 ‘‘(2) CONSIDERATIONS.—In determining the 

2 amount of any civil penalty under this subsection, 

3 the Board shall consider— 

4 ‘‘(A) the gravity of the unfair labor prac5 tice; 

6 ‘‘(B) the impact of the unfair labor prac7 tice on the charging party, on other persons 

8 seeking to exercise rights guaranteed by this 

9 Act, and on the public interest; and 

10 ‘‘(C) the gross income of the employer. 

11 ‘‘(3) DIRECTOR AND OFFICER LIABILITY.—If 

12 the Board determines, based on the particular facts 

13 and circumstances presented, that a director or offi14 cer’s personal liability is warranted, a civil penalty 

15 for a violation described in this subsection may also 

16 be assessed against any director or officer of the em17 ployer who directed or committed the violation, had 

18 established a policy that led to such a violation, or 

19 had actual or constructive knowledge of and the au20 thority to prevent the violation and failed to prevent 

21 the violation. 

22 ‘‘(d) RIGHT TO CIVIL ACTION.— 

23 ‘‘(1) IN GENERAL.—Any person who is injured 

24 by reason of a violation of paragraph (1), (3), or (4) 

25 of section 8(a) may, after 60 days following the filVerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567

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1 ing of a charge with the Board alleging an unfair 

2 labor practice, bring a civil action in the appropriate 

3 district court of the United States against the em4 ployer within 90 days after the expiration of the 60- 

5 day period or the date the Board notifies the person 

6 that no complaint shall issue, whichever occurs ear7 lier, provided that the Board has not filed a petition 

8 under section 10(j) of this Act prior to the expira9 tion of the 60-day period. No relief under this sub10 section shall be denied on the basis that the em11 ployee is, or was during the time of relevant employ12 ment or during the back pay period, an unauthor13 ized alien as defined in section 274A(h)(3) of the 

14 Immigration and Nationality Act (8 U.S.C. 

15 1324a(h)(3)) or any other provision of Federal law 

16 relating to the unlawful employment of aliens. 

17 ‘‘(2) AVAILABLE RELIEF.—Relief granted in an 

18 action under paragraph (1) may include— 

19 ‘‘(A) back pay without any reduction, in20 cluding any reduction based on the employee’s 

21 interim earnings or failure to earn interim earn22 ings; 

23 ‘‘(B) front pay (when appropriate); 

24 ‘‘(C) consequential damages; 


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1 ‘‘(D) an additional amount as liquidated 

2 damages equal to two times the cumulative 

3 amount of damages awarded under subpara4 graphs (A) through (C); 

5 ‘‘(E) in appropriate cases, punitive dam6 ages in accordance with paragraph (4); and 

7 ‘‘(F) any other relief authorized by section 

8 706(g) of the Civil Rights Act of 1964 (42 

9 U.S.C. 2000e–5(g)) or by section 1977A(b) of 

10 the Revised Statutes (42 U.S.C. 1981a(b)). 

11 ‘‘(3) ATTORNEY’S FEES.—In any civil action 

12 under this subsection, the court may allow the pre13 vailing party a reasonable attorney’s fee (including 

14 expert fees) and other reasonable costs associated 

15 with maintaining the action. 

16 ‘‘(4) PUNITIVE DAMAGES.—In awarding puni17 tive damages under paragraph (2)(E), the court 

18 shall consider— 

19 ‘‘(A) the gravity of the unfair labor prac20 tice; 

21 ‘‘(B) the impact of the unfair labor prac22 tice on the charging party, on other persons 

23 seeking to exercise rights guaranteed by this 

24 Act, and on the public interest; and 

25 ‘‘(C) the gross income of the employer.’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 10(b) of 

2 the National Labor Relations Act (29 U.S.C. 160(b)) is 

3 amended— 

4 (1) by striking ‘‘six months’’ and inserting 

5 ‘‘180 days’’; and 

6 (2) by striking ‘‘the six-month period’’ and in7 serting ‘‘the 180-day period’’. 

8 SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. 

9 Section 13 of the National Labor Relations Act (29 

10 U.S.C. 163) is amended by striking the period at the end 

11 and inserting the following: ‘‘: Provided, That the dura12 tion, scope, frequency, or intermittence of any strike or 

13 strikes shall not render such strike or strikes unprotected 

14 or prohibited.’’. 

15 SEC. 111. FAIR SHARE AGREEMENTS PERMITTED. 

16 Section 14(b) of the National Labor Relations Act 

17 (29 U.S.C. 164(b)) is amended by striking the period at 

18 the end and inserting the following: ‘‘: Provided, That col19 lective bargaining agreements providing that all employees 

20 in a bargaining unit shall contribute fees to a labor organi21 zation for the cost of representation, collective bargaining, 

22 contract enforcement, and related expenditures as a condi23 tion of employment shall be valid and enforceable notwith24 standing any State or Territorial law.’’. 


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1 TITLE II—AMENDMENTS TO THE 

2 LABOR MANAGEMENT RELA3 TIONS ACT, 1947 AND THE 

4 LABOR-MANAGEMENT RE5 PORTING AND DISCLOSURE 

6 ACT OF 1959 

7 SEC. 201. CONFORMING AMENDMENTS TO THE LABOR MAN8 AGEMENT RELATIONS ACT, 1947. 

9 The Labor Management Relations Act, 1947 is 

10 amended— 

11 (1) in section 213(a) (29 U.S.C. 183(a)), by 

12 striking ‘‘clause (A) of the last sentence of section 

13 8(d) (which is required by clause (3) of such section 

14 8(d)), or within 10 days after the notice under 

15 clause (B)’’ and inserting ‘‘section 8(d)(2)(A) of the 

16 National Labor Relations Act (which is required by 

17 section 8(d)(1)(C) of such Act), or within 10 days 

18 after the notice under section 8(d)(2)(B) of such 

19 Act’’; and 

20 (2) by repealing section 303 (29 U.S.C. 187). 

21 SEC. 202. AMENDMENTS TO THE LABOR-MANAGEMENT RE22 PORTING AND DISCLOSURE ACT OF 1959. 

23 Section 203(c) of the Labor-Management Reporting 

24 and Disclosure Act of 1959 (29 U.S.C. 433(c)) is amended 

25 by striking the period at the end and inserting the folVerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567

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1 lowing ‘‘: Provided, That this subsection shall not exempt 

2 from the requirements of this section any arrangement or 

3 part of an arrangement in which a party agrees, for an 

4 object described in subsection (b)(1), to plan or conduct 

5 employee meetings; train supervisors or employer rep6 resentatives to conduct meetings; coordinate or direct ac7 tivities of supervisors or employer representatives; estab8 lish or facilitate employee committees; identify employees 

9 for disciplinary action, reward, or other targeting; or draft 

10 or revise employer personnel policies, speeches, presen11 tations, or other written, recorded, or electronic commu12 nications to be delivered or disseminated to employees.’’. 

13 TITLE III—OTHER MATTERS 

14 SEC. 301. SEVERABILITY. 

15 If any provision of this Act or the application thereof 

16 to any person or circumstance is held invalid, the remain17 der of this Act, or the application of that provision to per18 sons or circumstances other than those as to which it is 

19 held invalid, is not affected thereby. 

20 SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as may be necessary to carry out the provisions of this 

23 Act and the amendments made by this Act. 


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Calendar No. 133 

118TH CONGRESS 

1ST SESSION S. 567 

A BILL 

To amend the National Labor Relations Act, the 

Act of 1959, and for other purposes. Labor-Management Reporting and Disclosure Labor Management Relations Act, 1947, and the 

JULY 18, 2023 

Reported without amendment 


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