```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2042 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 2042

To amend the National Labor Relations Act to strengthen protections for 
employees wishing to advocate for improved wages, hours, or other terms 
 or conditions of employment and to provide for stronger remedies for 
        interference with these rights, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2015

 Mrs. Murray (for herself, Ms. Mikulski, Mr. Franken, Mr. Whitehouse, 
  Ms. Warren, Mr. Blumenthal, and Mr. Reed) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To amend the National Labor Relations Act to strengthen protections for 
employees wishing to advocate for improved wages, hours, or other terms 
 or conditions of employment and to provide for stronger remedies for 
        interference with these rights, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Action for a Growing 
Economy Act'' or the ``WAGE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The National Labor Relations Act (29 U.S.C. 151 et 
        seq.) was enacted to encourage the practice of collective 
        bargaining and to protect the exercise by workers of full 
        freedom of association in the workplace. Since its enactment in 
        1935, tens of millions of workers have bargained with their 
        employers over wages, benefits, and other terms and conditions 
        of employment and have raised the standard of living for all 
        workers.
            (2) Through acting collectively and bargaining with their 
        employers, workers who are unionized earn 21.3 percent more 
        than workers who are not covered by a collective bargaining 
        agreement. They are 28.4 percent more likely to be covered by 
        employer-provided health insurance and 30.9 percent more likely 
        to have employer-provided pensions. The wage differential is 
        even more pronounced for women and people of color. Unionized 
        African-American workers earn 24.6 percent more than African-
        American workers who are not unionized, and unionized Latino 
        workers earn 29.3 percent more than their peers who are not 
        unionized. Unionized women earn 24 percent more than women who 
        are not unionized, and the wage gap between men and women is 
        much smaller at unionized workplaces. The wage gains achieved 
        through collective bargaining benefit workers and their 
        communities.
            (3) Unions and collective bargaining ensure that 
        productivity gains are shared by working people. The decline in 
        the percentage of workers covered by collective bargaining has 
        contributed significantly to skyrocketing income inequality and 
        flat wages.
            (4) As enacted in 1935, the National Labor Relations Act 
        (29 U.S.C. 151 et seq.) protects the right of all workers to 
        join together with their co-workers to advocate for 
        improvements in their pay, benefits, and working conditions, 
        regardless of whether they seek representation by a union. The 
        law protects the right of workers to discuss issues like pay 
        and benefits without retaliation or interference by employers. 
        However, the awareness of workers regarding their rights under 
        the law is lacking, and many employers maintain policies that 
        restrict the ability of workers to discuss workplace issues 
        with each other, directly contravening these rights. Research 
        shows that more than one-half of workers report that their 
        employers have policies that prohibit or discourage workers 
        from discussing pay with their co-workers. These policies and 
        practices impede workers from exercising their rights under the 
        law and impair their freedom of association at work.
            (5) Retaliation by employers against workers who exercise 
        their rights under the National Labor Relations Act (29 U.S.C. 
        151 et seq.) persists at troubling levels. Employers routinely 
        fire workers for trying to form a union at their workplace. In 
        one out of 3 organizing campaigns, one or more workers are 
        discharged for supporting joining a union. In fiscal year 2014, 
        the National Labor Relations Board obtained reinstatement 
        orders for 3,240 workers and obtained backpay awards totaling 
        $43,800,000 for workers who faced illegal retaliation for 
        exercising their rights. Discrimination for organizing hurts 
        all workers, but minorities in particular, as minorities are 
        more likely than Whites to seek to organize and receive a 
        larger wage premium from collective bargaining.
            (6) The current remedies are inadequate to deter employers 
        from violating the National Labor Relations Act (29 U.S.C. 151 
        et seq.). The remedies and penalties for violations of the 
        National Labor Relations Act (29 U.S.C. 151 et seq.) are far 
        weaker than for other labor and employment laws, including the 
        Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.). Unlike 
        other major labor and employment laws, there are no civil 
        penalties for violations of the law. Workers cannot go to court 
        to pursue relief on their own; they must rely on the National 
        Labor Relations Board to prosecute their case.
            (7) In order to make the right to collective bargaining and 
        freedom of association in the workplace a reality for workers, 
        the National Labor Relations Act (29 U.S.C. 151 et seq.) must 
        be strengthened.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to strengthen protections for employees engaged in 
        collective action to improve their wages, hours, and terms and 
        conditions of employment;
            (2) to provide for stronger remedies for employees who face 
        retaliation, discrimination, or other interference with the 
        legal right of the employees to engage in collective action;
            (3) to provide for penalties against employers who violate 
        the rights of employees to engage in collective action, in 
        order to act as a meaningful deterrent against violating the 
        law; and
            (4) to streamline the enforcement procedures of the 
        National Labor Relations Board to provide for more timely and 
        effective enforcement of the law.

SEC. 4. STRENGTHENING REMEDIES AND ENFORCEMENT FOR EMPLOYEES EXERCISING 
              THEIR RIGHTS AT WORK.

    (a) Backpay.--Section 10(c) of the National Labor Relations Act (29 
U.S.C. 160(c)) is amended by striking ``And provided further,'' and 
inserting ``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 loss 
to an employee, the Board shall award the employee back pay and an 
additional amount as liquidated damages equal to 2 times the amount of 
such back pay, without any reduction (including any reduction based on 
the employee's interim earnings or failure to earn interim earnings): 
Provided further,''.
    (b) Civil Penalties.--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. CIVIL PENALTIES.

    ``(a) Violations for Interference With Board.--Any person''; and
            (2) by adding at the end the following:
    ``(b) Violations of Posting Requirements.--If the Board, or any 
agent or agency designated by the Board for such purposes, determines 
that an employer has willfully violated section 8(h), 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 post the notice described in 
        such section and provide the information to new employees 
        described in such section; and
            ``(3) impose a civil penalty in an amount determined 
        appropriate by the Board, except that in no case shall the 
        amount of the fine exceed $500 for each such violation.
    ``(c) Violations Causing Serious Economic Loss to Employees.--
            ``(1) In general.--Any employer who commits an unfair labor 
        practice within the meaning of paragraph (3) or (4) of section 
        8(a) or a violation of section 8(a) that results in the 
        discharge of an employee or other serious economic loss to an 
        employee shall, in addition to any remedy ordered by the Board, 
        be subject to a civil penalty. Such penalty shall be in an 
        amount not to exceed $50,000 for each violation, except that 
        the Board shall double the amount of such penalty, to an amount 
        not to exceed $100,000, in any case where the employer has 
        within the preceding 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 size of the employer.
            ``(3) Personal liability.--If the Board determines, based 
        on the particular facts and circumstances presented, that 
        personal liability is warranted, a civil penalty for a 
        violation described in this subsection may also be assessed 
        against any officer or director of the employer who committed 
        the violation or had the authority to prevent the violation.
    ``(d) Joint and Several Liability.--An employer shall be jointly 
and severally liable under this Act for any violations of this Act 
involving one or more employees supplied by another employer to perform 
labor within the employer's usual course of business, except for 
purposes of subsection (e).''.
    (c) Injunctions Against Unfair Labor Practices Involving Discharge 
or Other Serious Economic Loss.--
            (1) In general.--Section 10(l) of the National Labor 
        Relations Act (29 U.S.C. 160(l)) is amended--
                    (A) by inserting after ``charged that'' the 
                following: ``an employer has engaged in an unfair labor 
                practice within the meaning of section 8(a) that 
                significantly interferes with, restrains, or coerces 
                employees in the exercise of the rights guaranteed 
                under section 7 and involves discharge or other serious 
                economic harm to an employee or''; and
                    (B) by striking ``as it deems just and proper, 
                notwithstanding any other provision of law:'' and 
                inserting the following: ``to protect the rights 
                guaranteed by section 7, notwithstanding any other 
                provision of law. 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:''.
            (2) Conforming amendment.--Section 10(m) of the National 
        Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting 
        ``under circumstances not subject to subsection (l)'' after 
        ``section 8''.
    (d) Private Enforcement.--Section 12 of the National Labor 
Relations Act (29 U.S.C. 162), as amended by subsection (b), is further 
amended by adding at the end the following:
    ``(e) Right to Civil Action.--
            ``(1) In general.--Any person who is injured by reason of 
        any violation of paragraph (1) or (3) of section 8(a) may, in 
        addition to or in lieu of filing a charge alleging such unfair 
        labor practice with the Board in accordance with this Act, 
        bring a civil action in the appropriate district court of the 
        United States against the employer within 180 days of the 
        violation.
            ``(2) Available relief.--Relief granted in an action under 
        paragraph (1) may include any relief authorized by section 
        706(g) of the Civil Rights Act of 1965 (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 fee.--In any action or proceeding under 
        this subsection, the court may allow the prevailing party a 
        reasonable attorney's fee (including expert fees) as part of 
        the costs.''.
    (e) Ensuring Fair Remedies for All Workers.--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 back pay shall not be denied on the basis that 
the employee is, or was during the time of relevant employment or 
during the back pay period, an unauthorized alien as defined in section 
274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3)) or any other provision of Federal law relating to the 
unlawful employment of aliens:''.
    (f) Remedying Election Interference.--Section 9(c) of the National 
Labor Relations Act (29 U.S.C. 159(c)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (6) and (7), respectively; and
            (2) by inserting after paragraph (3) the following:
    ``(4) Bargaining Order Based on Majority of Votes.--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 issue an order requiring the employer to collectively 
bargain with the labor organization in accordance with section 8(d).
    ``(5) Dismissal; Bargaining Orders in Other Situations.--
            ``(A) Dismissal.--If the Board finds that, in an election 
        under paragraph (1), a majority of the valid votes cast in a 
        unit appropriate for purposes of collective bargaining have not 
        been cast in favor of representation by the labor organization, 
        the Board shall dismiss the petition, subject to subparagraphs 
        (B) and (C).
            ``(B) Special rules for employer violations or 
        interference.--In any case where a majority of the valid votes 
        cast in a unit appropriate for purposes of collective 
        bargaining have not been cast in favor of representation by the 
        labor organization and the Board determines that the election 
        should be set aside because the employer has committed a 
        violation of this Act, or otherwise interfered with a fair 
        election, and 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 or rerun 
        election, 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 under subparagraph (A), a majority of the 
        employees in the bargaining unit have signed authorizations 
        designating the labor organization as their collective 
        bargaining representative.
            ``(C) Other election interference.--In any case where the 
        Board determines that an election under this paragraph should 
        be set aside, the Board shall direct a rerun 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).''.

SEC. 5. MODERNIZATION.

    (a) Prevention of Unfair Labor Practices.--Section 8 of the 
National Labor Relations Act (29 U.S.C. 158) is amended by adding at 
the end the following:
    ``(h) Postings of Notice.--
            ``(1) In general.--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 provide to employers 
        the form and text of such notice.
            ``(2) Notification of new employees.--The Board shall 
        promulgate regulations requiring employers to notify each new 
        employee of the information contained in the notice described 
        in paragraph (1).''.
    (b) Enforcing Compliance With Orders of the Board.--
            (1) In general.--Section 10 of the National Labor Relations 
        Act (29 U.S.C. 160) is amended--
                    (A) by striking subsection (e);
                    (B) by redesignating subsection (d) as subsection 
                (e); and
                    (C) by inserting after subsection (c) the 
                following:
    ``(d) Enforcing Compliance With Orders of the Board.--
            ``(1) In general.--Each order of the Board shall take 
        effect 30 days from the date upon which notice of the order is 
        given, unless otherwise directed by the Board. Each such orders 
        shall continue in force indefinitely or for the period of time 
        specified in the order, or until the Board or a court of 
        competent jurisdiction issues a superseding order.
            ``(2) Application of the board.--If any person or entity 
        fails or neglects to obey any order of the Board while such 
        order is in effect, the Board shall apply 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, for the enforcement of 
        such order. The Board shall file in the court the record in the 
        proceedings, as provided in section 2112 of title 28, United 
        States Code. Any person that was a party to the underlying 
        Board proceeding may join in the proceeding initiated by the 
        Board.
            ``(3) Procedure.--If, after having provided a person or 
        entity with notice and an opportunity to be heard regarding a 
        request 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 a writ 
        of 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 of such order; or
                    ``(B) enjoin upon such person or entity, officers, 
                agents, or representatives obedience to the same.
            ``(4) Violations of orders by the board.--Any person or 
        entity who willfully and knowingly violates any rule, 
        regulation, restriction, condition, or order made or imposed by 
        the Board under authority of this Act shall, in addition to any 
        other penalties provided by law, be subject to a civil penalty 
        of not to exceed $10,000 for each and every day during which 
        such violation occurs, commencing with the effective date of 
        any such rule, regulation, restriction, condition, or order. 
        Such civil penalty may be imposed by the Board or by a court in 
        a proceeding initiated by the Board under this subsection.''.
            (2) Conforming amendments.--The National Labor Relations 
        Act (29 U.S.C. 151 et seq.) is amended--
                    (A) in section 9(d), by striking ``section 10(e) or 
                10(f)'' and inserting ``subsection (d) or (f) of 
                section 10''; and
                    (B) in section 10--
                            (i) in subsection (f), by striking 
                        ``subsection (e) of this section'' and 
                        inserting ``subsection (d)''; and
                            (ii) in subsection (g), by striking 
                        ``subsection (e) or (f) of this section'' and 
                        inserting ``subsection (d) or (f)''.
                                 <all>
```