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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 567 Reported in Senate (RS)]

<DOC>

                                                       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. Lujan, 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Richard L. Trumka 
Protecting the Right to Organize Act of 2023''.
    (b) Table of Contents.--The table of contents for 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.

        TITLE I--AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT

SEC. 101. DEFINITIONS.

    (a) 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.''.
    (b) 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.''.
    (c) Supervisor.--Section 2(11) of the National Labor Relations Act 
(29 U.S.C. 152(11)) is amended--
            (1) by inserting ``and for a majority of the individual's 
        worktime'' after ``interest of the employer'';
            (2) by striking ``assign,''; and
            (3) by striking ``or responsibly to direct them,''.

SEC. 102. REPORTS.

    Section 3(c) of the National Labor Relations Act (29 U.S.C. 153(c)) 
is amended--
            (1) by striking ``The Board'' and inserting ``(1) The 
        Board''; and
            (2) by adding at the end the following:
    ``(2) Effective January 1, 2025, section 3003 of the Federal 
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 
U.S.C. 1113 note) shall not apply with respect to reports required 
under this subsection.
    ``(3) Each report issued under this subsection shall--
            ``(A) include no less detail than reports issued by the 
        Board prior to the termination of such reports under section 
        3003 of the Federal Reports Elimination and Sunset Act of 1995 
        (Public Law 104-66; 31 U.S.C. 1113 note);
            ``(B) list each case in which the Designated Agency Ethics 
        Official provided advice regarding whether a Member should be 
        recused from participating in a case or rulemaking; and
            ``(C) list each case in which the Designated Agency Ethics 
        Official determined that a Member should be recused from 
        participating in a case or rulemaking.''.

SEC. 103. APPOINTMENT.

    Section 4(a) of the National Labor Relations Act (29 U.S.C. 154(a)) 
is amended by striking ``, or for economic analysis''.

SEC. 104. 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
                    (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));
                    ``(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; or
                    ``(C) to lockout, suspend, or otherwise withhold 
                employment from employees in order to influence the 
                position of such employees or the representative of 
                such employees in collective bargaining prior to a 
                strike; and
            ``(7) to communicate or misrepresent to an employee under 
        section 2(3) that such employee is excluded from the definition 
        of employee under section 2(3).'';
            (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 inserting ``and to maintain current wages, 
                hours, and terms and conditions of employment pending 
                an agreement'' after ``arising thereunder'';
                    (D) by inserting ``: Provided, That an employer's 
                duty to collectively bargain shall continue absent 
                decertification of the labor organization following an 
                election conducted pursuant to section 9'' after 
                ``making of a concession'';
                    (E) by inserting ``further'' before ``, That where 
                there is in effect'';
                    (F) by striking ``The duties imposed'' and 
                inserting ``(2) The duties imposed'';
                    (G) by striking ``by paragraphs (2), (3), and (4)'' 
                and inserting ``by subparagraphs (B), (C), and (D) of 
                paragraph (1)'';
                    (H) by striking ``section 8(d)(1)'' and inserting 
                ``paragraph (1)(A)'';
                    (I) by striking ``section 8(d)(3)'' each place it 
                appears and inserting ``paragraph (1)(C)'';
                    (J) by striking ``section 8(d)(4)'' and inserting 
                ``paragraph (1)(D)''; and
                    (K) 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. The labor organization and 
        employer must each select the members of the tripartite 
        arbitration panel within 14 days of the Service's referral; if 
        the labor organization or employer fail to do so, the Service 
        shall designate any members not selected by the labor 
        organization or the employer. 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 2 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 2 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; such voter list shall be provided in a 
searchable electronic format generally approved by the Board unless the 
employer certifies that the employer does not possess the capacity to 
produce the list in the required form. Not later than 9 months after 
the date of enactment of the Richard L. Trumka Protecting the Right to 
Organize Act of 2023, the Board shall promulgate regulations 
implementing the requirements of this paragraph.
    ``(i) The rights of an employee under section 7 include the right 
to use electronic communication devices and systems (including 
computers, laptops, tablets, internet access, email, cellular 
telephones, or other company equipment) of the employer of such 
employee to engage in activities protected under section 7 if such 
employer has given such employee access to such devices and systems in 
the course of the work of such employee, absent a compelling business 
rationale for denying or limiting such use.''.

SEC. 105. 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. The Board shall find the labor organization's proposed 
unit to be appropriate if the employees in the proposed unit share a 
community of interest, and if the employees outside the unit do not 
share an overwhelming community of interest with employees inside. At 
the request of the labor organization, the Board shall direct that the 
election be conducted through certified mail, electronically, at the 
work location, or at a location other than one owned or controlled by 
the employer. 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 certify the 
results of the election, 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, following a post-election hearing, that 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, set aside 
the election and 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 1 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 8 days after a notice of such hearing is 
        served on the labor organization and shall continue from day to 
        day until completed;
            ``(B) a regional director shall transmit the notice of 
        election at the same time as the direction of election, and 
        shall transmit such notice and such direction electronically 
        (including transmission by email or facsimile) or by overnight 
        mail if electronic transmission is unavailable;
            ``(C) not later than 2 days after the service of the notice 
        of hearing, the employer shall--
                    ``(i) post the Notice of Petition for Election in 
                conspicuous places, including all places where notices 
                to employees are customarily posted;
                    ``(ii) if the employer customarily communicates 
                with employees electronically, distribute such Notice 
                electronically; and
                    ``(iii) maintain such posting until the petition is 
                dismissed or withdrawn or the Notice of Petition for 
                Election is replaced by the Notice of Election;
            ``(D) regional directors shall schedule elections for the 
        earliest date practicable, but not later than the 20th business 
        day after the direction of election; and
            ``(E) a post-election hearing under this subsection shall 
        begin not later than 14 days after the filing of objections, if 
        any.'';
            (2) in subsection (d), by striking ``(e) or'' and inserting 
        ``(d) or''; and
            (3) by adding at the end the following:
    ``(f) The Board shall dismiss any petition for an election with 
respect to a bargaining unit or any subdivision if, during the 12-month 
period ending on the date on which the petition is filed--
            ``(1) the employer has recognized a labor organization 
        without an election and in accordance with this Act;
            ``(2) the labor organization and employer engaged in their 
        first bargaining session following the issuance of a bargaining 
        order by the Board; or
            ``(3) the labor organization and successor employer engaged 
        in their first bargaining session following a succession.
    ``(g) The Board shall dismiss any petition for an election with 
respect to a bargaining unit or any subdivision if there is in effect a 
lawful written collective bargaining agreement between the employer and 
an exclusive representative covering any employees in the unit 
specified in the petition, unless the petition is filed--
            ``(1) on or after the date that is 3 years after the date 
        on which the collective bargaining agreement took effect; or
            ``(2) during the 30-day period beginning on the date that 
        is 90 days before the date that is 3 years after the date on 
        which the collective bargaining agreement took effect.
    ``(h) The Board shall suspend the processing of any petition for an 
election with respect to a bargaining unit or any subdivision if a 
labor organization files an unfair labor practice charge alleging a 
violation of section 8(a) and requesting the suspension of a pending 
petition until the unlawful conduct, if any, is remedied or the charge 
is dismissed unless the Board determines that employees can, under the 
circumstances, exercise free choice in an election despite the unlawful 
conduct alleged in the charge.''.

SEC. 106. DAMAGES FOR 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''.

SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE BOARD.

    (a) In General.--Section 10 of the National Labor Relations Act (29 
U.S.C. 160) is further amended--
            (1) by striking subsection (e);
            (2) by redesignating subsection (d) as subsection (e);
            (3) 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 United 
States 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 paragraph (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.'';
            (4) in subsection (f)--
                    (A) 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'';
                    (B) by striking ``Any'' and inserting ``(1) Within 
                30 days of the issuance of an order, any''; and
                    (C) 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
            (5) in subsection (g), by striking ``subsection (e) or (f) 
        of this section'' and inserting ``subsection (d) or (f)''.
    (b) 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''.

SEC. 108. 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), (3), or (4) 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).

SEC. 109. PENALTIES.

    (a) In General.--Section 12 of the National Labor Relations Act (29 
U.S.C. 162) is amended--
            (1) by striking ``sec. 12. Any person'' and inserting the 
        following:

``SEC. 12. PENALTIES.

    ``(a) Violations for Interference With Board.--Any person''; and
            (2) 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) Civil Penalties for Violations.--
            ``(1) In general.--Any employer who commits an unfair labor 
        practice within the meaning of section 8(a) 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, with respect to 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, 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 5 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), (3), or (4) 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.''.
    (b) Conforming Amendments.--Section 10(b) of the National Labor 
Relations Act (29 U.S.C. 160(b)) is amended--
            (1) by striking ``six months'' and inserting ``180 days''; 
        and
            (2) by striking ``the six-month period'' and inserting 
        ``the 180-day period''.

SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE.

    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.''.

SEC. 111. 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.''.

 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.

    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. 202. 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.''.

                        TITLE III--OTHER MATTERS

SEC. 301. SEVERABILITY.

    If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act, or 
the application of that provision to persons or circumstances other 
than those as to which it is held invalid, is not affected thereby.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act and the amendments 
made by this Act.
                                                       Calendar No. 133

118th CONGRESS

  1st Session

                                 S. 567

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 18, 2023

                       Reported without amendment
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