II 

118TH CONGRESS 

1ST SESSION S. 710 

To prohibit an employer from terminating the coverage of an employee under 

a group health plan while the employer is engaged in a lock-out or 

while the employee is engaged in a lawful strike, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2023 

Mr. BROWN (for himself, Mr. CASEY, Mr. SANDERS, Ms. BALDWIN, Mr. 

BLUMENTHAL, Mr. FETTERMAN, Mr. MARKEY, Mr. PADILLA, Ms. 

SMITH, Mr. VAN HOLLEN, Ms. WARREN, Mr. WHITEHOUSE, and Mr. 

DURBIN) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To prohibit an employer from terminating the coverage of 

an employee under a group health plan while the employer is engaged in a lock-out or while the employee 

is engaged in a lawful strike, and for other purposes. 

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 ‘‘Striking and Locked 

5 Out Workers Healthcare Protection Act’’. 


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1 SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP 

2 HEALTH PLAN DURING A LOCK-OUT OR A 

3 LAWFUL STRIKE. 

4 (a) LOCK-OUT.—Section 8(a) of the National Labor 

5 Relations Act (29 U.S.C. 158(a)) is amended— 

6 (1) in paragraph (5), by striking the period and 

7 inserting a semicolon; and 

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

9 ‘‘(6) to terminate or alter the coverage of an 

10 employee under a group health plan during the pe11 riod that such employer is taking action to lock-out, 

12 suspend, or otherwise withhold employment from the 

13 employee in order to influence the position of such 

14 employee or the representative of such employee in 

15 collective bargaining prior to a strike; and’’. 

16 (b) STRIKE.—Section 8(a) of such Act (29 U.S.C. 

17 158(a)), as so amended, is further amended by adding at 

18 the end the following: 

19 ‘‘(7) to terminate or alter the coverage of an 

20 employee under a group health plan during the pe21 riod that such employee is engaged in a lawful 

22 strike.’’. 

23 (c) DEFINITION OF GROUP HEALTH PLAN.—Section 

24 2 of the National Labor Relations Act (29 U.S.C. 152) 

25 is amended by adding at the end the following: 


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1 ‘‘(15) The term ‘group health plan’ has the meaning 

2 given the term under section 607(1) of the Employee Re3 tirement Income Security Act of 1974 (29 U.S.C. 

4 1167(1)).’’. 

5 SEC. 3. PENALTIES. 

6 Section 12 of the National Labor Relations Act (29 

7 U.S.C. 162) is amended— 

8 (1) by striking ‘‘SEC. 12. Any person’’ and in9 serting the following: 

10 ‘‘SEC. 12. PENALTIES. 

11 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH THE

12 BOARD.—Any person’’; and 

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

14 ‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC15 TICES RELATED TO COVERAGE UNDER A GROUP HEALTH

16 PLAN DURING A LOCK-OUT.—Any employer who commits 

17 an unfair labor practice within the meaning of section 

18 8(a)(6) shall be subject to a civil penalty in an amount 

19 not to exceed $75,000 for each violation, except that, with 

20 respect to such an unfair labor practice that coincides with 

21 the discharge of an employee or that results in other seri22 ous economic harm to an employee, the Board shall double 

23 the amount of such penalty, to an amount not to exceed 

24 $150,000, in any case where the employer has within the 

25 preceding 5 years committed another violation of section 


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1 8(a)(6). A civil penalty under this subsection shall be in 

2 addition to any other remedy ordered by the Board. 

3 ‘‘(c) CIVIL PENALTIES FOR UNFAIR LABOR PRAC4 TICES RELATED TO COVERAGE UNDER A GROUP HEALTH

5 PLAN DURING A LAWFUL STRIKE.—Any employer who 

6 commits an unfair labor practice within the meaning of 

7 section 8(a)(7) shall be subject to a civil penalty in an 

8 amount not to exceed $50,000 for each violation, except 

9 that, with respect to such an unfair labor practice that 

10 coincides with the discharge of an employee or that results 

11 in other serious economic harm to an employee, the Board 

12 shall double the amount of such penalty, to an amount 

13 not to exceed $100,000, in any case where the employer 

14 has within the preceding 5 years committed another viola15 tion of section 8(a)(7). A civil penalty under this sub16 section shall be in addition to any other remedy ordered 

17 by the Board. 

18 ‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the 

19 Board determines, based on the particular facts and cir20 cumstances presented, that a director or officer’s personal 

21 liability is warranted, a civil penalty for a violation de22 scribed in subsection (b) or (c) may also be assessed 

23 against any director or officer of the employer who di24 rected or committed the violation, or had actual or conVerDate Sep 11 2014 03:05 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S710.IS S710

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1 structive knowledge of and the authority to prevent the 

2 violation and failed to prevent the violation. 

3 ‘‘(e) CONSIDERATIONS.—In determining the amount 

4 of any civil penalty under subsection (b), (c), or (d), the 

5 Board shall consider— 

6 ‘‘(1) the gravity of the actions of the employer 

7 resulting in the penalty, including the impact of such 

8 actions on the charging party or on other persons 

9 seeking to exercise rights guaranteed by this Act; 

10 ‘‘(2) the size of the employer; 

11 ‘‘(3) the history of previous unfair labor prac12 tices or other actions by the employer resulting in a 

13 penalty; and 

14 ‘‘(4) the public interest.’’. 

Æ 


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