IB 

Union Calendar No. 276 

116TH CONGRESS 

1ST SESSION H. R. 2474 

[Report No. 116–347] 

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 HOUSE OF REPRESENTATIVES 

MAY 2, 2019 

Mr. SCOTT of Virginia (for himself, Ms. WILSON of Florida, Mr. LEVIN of 

Michigan, Ms. JAYAPAL, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. 

SCHAKOWSKY, Mr. SABLAN, Mr. TAKANO, Mr. CISNEROS, Ms. KAPTUR, 

Ms. OMAR, Ms. FUDGE, Mr. CARTWRIGHT, Mrs. NAPOLITANO, Ms. NORTON, Ms. MCCOLLUM, Mr. HIGGINS of New York, Mr. POCAN, Mr. 

KHANNA, Mr. SUOZZI, Ms. ROYBAL-ALLARD, Mr. PALLONE, Ms. 

HAALAND, Mr. RASKIN, Mr. DESAULNIER, Mr. GARCI ́A of Illinois, Mr. 

RYAN, Mr. ROSE of New York, Ms. DEAN, Mr. BEYER, Mr. DEFAZIO, 

Mr. LOWENTHAL, Mr. SIRES, Mr. MCGOVERN, Ms. LEE of California, 

Mrs. DAVIS of California, Ms. JUDY CHU of California, Mr. SERRANO, 

Mr. CUMMINGS, Mr. THOMPSON of Mississippi, Mr. ESPAILLAT, Mr. 

COHEN, Mr. CICILLINE, Mr. LUJA ́N, Ms. BONAMICI, Miss RICE of New 

York, Ms. SHALALA, Mr. NORCROSS, Ms. ADAMS, Mr. TRONE, Mr. 

HARDER of California, Mr. MICHAEL F. DOYLE of Pennsylvania, Mrs. 

WATSON COLEMAN, Ms. TLAIB, Mr. MALINOWSKI, Mr. ENGEL, Mr. CASTRO of Texas, Mr. HORSFORD, Mr. GRIJALVA, Ms. MUCARSEL-POWELL, 

Mr. CARSON of Indiana, Mr. CLAY, Mr. SOTO, Ms. DELAURO, Mr. 

VEASEY, Mr. GARAMENDI, Mr. COURTNEY, Mr. DELGADO, Mr. KENNEDY, Ms. SA ́NCHEZ, Mrs. LAWRENCE, Ms. CLARK of Massachusetts, Ms. 

WASSERMAN SCHULTZ, Mr. NADLER, Mr. MORELLE, Ms. STEVENS, Ms. 

PRESSLEY, Mr. RUSH, Mr. GOLDEN, Ms. ESHOO, Ms. VELA ́ZQUEZ, Mr. 

GREEN of Texas, Ms. PINGREE, Mr. SMITH of Washington, Mr. LYNCH, 

Mr. YARMUTH, Mrs. CAROLYN B. MALONEY of New York, Mr. LANGEVIN, Ms. TITUS, Mr. VISCLOSKY, Mr. CLEAVER, Mrs. HAYES, Mr. 

SHERMAN, Mr. KILDEE, Mrs. CRAIG, Mrs. TRAHAN, Ms. WILD, Mr. 

LEWIS, Mr. RUIZ, and Mr. NEGUSE) introduced the following bill; which 

was referred to the Committee on Education and Labor 


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DECEMBER 16, 2019 

Additional sponsors: Mr. HUFFMAN, Ms. FINKENAUER, Mrs. LURIA, Ms. HILL

of California, Ms. MOORE, Ms. SCANLON, Mr. SEAN PATRICK MALONEY

of New York, Mr. PANETTA, Mrs. BUSTOS, Ms. OCASIO-CORTEZ, Mr. 

PASCRELL, Mr. TONKO, Mr. CARBAJAL, Mr. MEEKS, Mr. CA ́RDENAS, Mr. 

VELA, Mrs. DEMINGS, Mr. GOMEZ, Ms. MENG, Mr. JOHNSON of Georgia, 

Mr. JEFFRIES, Mr. GALLEGO, Ms. SCHRIER, Ms. BASS, Ms. JACKSON

LEE, Mr. FOSTER, Ms. SLOTKIN, Mr. HECK, Ms. SPANBERGER, Mr. 

AGUILAR, Mr. KIND, Mr. BLUMENAUER, Mr. VAN DREW, Ms. 

BROWNLEY of California, Mr. VARGAS, Mr. KIM, Mr. LAMB, Mr. BROWN

of Maryland, Ms. UNDERWOOD, Mr. LARSON of Connecticut, Mr. GONZALEZ of Texas, Mr. LARSEN of Washington, Mr. NEAL, Mr. CROW, Ms. 

CLARKE of New York, Mr. DEUTCH, Mr. TED LIEU of California, Ms. 

ESCOBAR, Mr. SARBANES, Mrs. LOWEY, Mr. WELCH, Mr. RUPPERSBERGER, Ms. KELLY of Illinois, Mr. EVANS, Mrs. BEATTY, Ms. 

DEGETTE, Mrs. AXNE, Mr. DAVID SCOTT of Georgia, Mrs. DINGELL, 

Mr. PAPPAS, Mr. PETERSON, Mrs. KIRKPATRICK, Ms. CASTOR of Florida, 

Mr. SCHIFF, Mr. LEVIN of California, Mr. LOEBSACK, Mrs. TORRES of 

California, Ms. PORTER, Mr. THOMPSON of California, Mr. STANTON, 

Mr. CRIST, Mr. PAYNE, Mr. SCHNEIDER, Ms. SPEIER, Mr. KEATING, Mr. 

MOULTON, Ms. GARCIA of Texas, Mr. MCEACHIN, Mr. HASTINGS, Mr. 

QUIGLEY, Mr. DANNY K. DAVIS of Illinois, Ms. DELBENE, Ms. MATSUI, 

Ms. WATERS, Mr. CONNOLLY, Mr. LIPINSKI, Mr. KILMER, Mr. HOYER, 

Ms. WEXTON, Ms. BARRAGA ́N, Ms. JOHNSON of Texas, Mr. PERLMUTTER, Mr. BRINDISI, Mr. DOGGETT, Mr. CASTEN of Illinois, Ms. 

GABBARD, Ms. HOULAHAN, Ms. FRANKEL, Mr. KRISHNAMOORTHI, Mr. 

PRICE of North Carolina, Ms. SHERRILL, Mr. COX of California, Mr. 

O’HALLERAN, Mr. RICHMOND, Mr. BISHOP of Georgia, Ms. LOFGREN, 

Ms. KUSTER of New Hampshire, Mr. SWALWELL of California, Mr. 

HIMES, Mr. GOTTHEIMER, Ms. BLUNT ROCHESTER, Ms. DAVIDS of Kansas, Mr. MCNERNEY, Mr. BUTTERFIELD, Mr. COOPER, Mr. 

FITZPATRICK, Mr. SMITH of New Jersey, Mr. LAWSON of Florida, and 

Ms. SEWELL of Alabama 


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DECEMBER 16, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 2, 2019] 


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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. 

4 This Act may be cited as the ‘‘Protecting the Right 

5 to Organize Act of 2019’’. 

6 SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA7 TIONS ACT. 

8 (a) DEFINITIONS.— 

9 (1) JOINT EMPLOYER.—Section 2(2) of the Na10 tional Labor Relations Act (29 U.S.C. 152(2)) is 

11 amended by adding at the end the following: ‘‘Two or 

12 more persons shall be employers with respect to an 

13 employee if each such person codetermines or shares 

14 control over the employee’s essential terms and condi15 tions of employment. In determining whether such 

16 control exists, the Board or a court of competent ju17 risdiction shall consider as relevant direct control and 

18 indirect control over such terms and conditions, re19 served authority to control such terms and conditions, 

20 and control over such terms and conditions exercised 

21 by a person in fact: Provided, That nothing herein 

22 precludes a finding that indirect or reserved control 

23 standing alone can be sufficient given specific facts 

24 and circumstances.’’. 


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1 (2) EMPLOYEE.—Section 2(3) of the National 

2 Labor Relations Act (29 U.S.C. 152(3)) is amended 

3 by adding at the end the following: ‘‘An individual 

4 performing any service shall be considered an em5 ployee (except as provided in the previous sentence) 

6 and not an independent contractor, unless— 

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

8 direction in connection with the performance of 

9 the service, both under the contract for the per10 formance of service and in fact; 

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

12 usual course of the business of the employer; and 

13 ‘‘(C) the individual is customarily engaged 

14 in an independently established trade, occupa15 tion, profession, or business of the same nature 

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

17 (3) SUPERVISOR.—Section 2(11) of the National 

18 Labor Relations Act (29 U.S.C. 152(11)) is amend19 ed— 

20 (A) by inserting ‘‘and for a majority of the 

21 individual’s worktime’’ after ‘‘interest of the em22 ployer’’; 

23 (B) by striking ‘‘assign,’’; and 

24 (C) by striking ‘‘or responsibly to direct 

25 them,’’. 


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1 (b) REPORTS.—Section 3(c) of the National Labor Re2 lations Act is amended— 

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

4 The Board’’; and 

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

6 ‘‘(2) Effective January 1, 2021, section 3003 of the 

7 Federal Reports Elimination and Sunset Act of 1995 (Pub8 lic Law 166–44; 31 U.S.C. 1113 note) shall not apply with 

9 respect to reports required under this subsection. 

10 ‘‘(3) Each report issued under this subsection shall in11 clude no less detail than reports issued by the Board prior 

12 to the termination of such reports under section 3003 of 

13 the Federal Reports Elimination and Sunset Act of 1995 

14 (Public Law 166–44; 31 U.S.C. 1113 note).’’. 

15 (c) APPOINTMENT.—Section 4(a) of the National 

16 Labor Relations Act (29 U.S.C. 154(a)) is amended by 

17 striking ‘‘, or for economic analysis’’. 

18 (d) UNFAIR LABOR PRACTICES.—Section 8 of the Na19 tional Labor Relations Act (29 U.S.C. 158) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (5), by striking the period 

22 and inserting ‘‘;’’; and 

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

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


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1 ‘‘(A) to permanently replace an employee 

2 who participates in a strike as defined by section 

3 501(2) of the Labor Management Relations Act, 

4 1947 (29 U.S.C. 142(2)); 

5 ‘‘(B) to discriminate against an employee 

6 who is working or has unconditionally offered to 

7 return to work for the employer because the em8 ployee supported or participated in such a 

9 strike; or 

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

11 withold employment from employees in order to 

12 influence the position of such employees or the 

13 representative of such employees in collective bar14 gaining prior to a strike; and 

15 ‘‘(7) to communicate or misrepresent to an em16 ployee under section 2(3) that such employee is ex17 cluded from the definition of employee under section 

18 2(3).’’; 

19 (2) in subsection (b)— 

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

21 (B) by redesignating paragraphs (5) and 

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

23 (C) in paragraph (4), as so redesignated, by 

24 striking ‘‘affected;’’ and inserting ‘‘affected; 

25 and’’; and 


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1 (D) in paragraph (5), as so redesignated, by 

2 striking ‘‘; and’’ and inserting a period; 

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

4 the end and inserting the following: ‘‘: Provided, That 

5 it shall be an unfair labor practice under subsection 

6 (a)(1) for any employer to require or coerce an em7 ployee to attend or participate in such employer’s 

8 campaign activities unrelated to the employee’s job 

9 duties, including activities that are subject to the re10 quirements under section 203(b) of the Labor-Manage11 ment Reporting and Disclosure Act of 1959 (29 

12 U.S.C. 433(b)).’’; 

13 (4) in subsection (d)— 

14 (A) by redesignating paragraphs (1) 

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

16 respectively; 

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

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

19 section’’; 

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

21 wages, hours, and working conditions pending 

22 an agreement’’ after ‘‘arising thereunder’’; 

23 (D) by inserting ‘‘: Provided, That an em24 ployer’s duty to collectively bargain shall con25 tinue absent decertification of the labor organizaVerDate Sep 11 2014 21:35 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2474.RH H2474

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1 tion following an election conducted pursuant to 

2 section 9’’ after ‘‘making of a concession:’’; 

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

4 where there is in effect’’; 

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

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

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

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

9 (C), and (D) of paragraph (1)’’; 

10 (H) by striking ‘‘section 8(d)(1)’’ and in11 serting ‘‘paragraph (1)(A)’’; 

12 (I) by striking ‘‘section 8(d)(3)’’ and insert13 ing ‘‘paragraph (1)(C)’’ in each place it appears; 

14 (J) by striking ‘‘section 8(d)(4)’’ and insert15 ing ‘‘paragraph (1)(D)’’; and 

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

17 ‘‘(3) Whenever collective bargaining is for the purpose 

18 of establishing an initial collective bargaining agreement 

19 following certification or recognition of a labor organiza20 tion, the following shall apply: 

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

22 written request for collective bargaining from an indi23 vidual or labor organization that has been newly rec24 ognized or certified as a representative as defined in 

25 section 9(a), or within such further period as the parVerDate Sep 11 2014 21:35 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2474.RH H2474

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1 ties agree upon, the parties shall meet and commence 

2 to bargain collectively and shall make every reason3 able effort to conclude and sign a collective bar4 gaining agreement. 

5 ‘‘(B) If after the expiration of the 90-day period 

6 beginning on the date on which bargaining is com7 menced, or such additional period as the parties may 

8 agree upon, the parties have failed to reach an agree9 ment, either party may notify the Federal Mediation 

10 and Conciliation Service of the existence of a dispute 

11 and request mediation. Whenever such a request is re12 ceived, it shall be the duty of the Service promptly to 

13 put itself in communication with the parties and to 

14 use its best efforts, by mediation and conciliation, to 

15 bring them to agreement. 

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

17 beginning on the date on which the request for medi18 ation is made under subparagraph (B), or such addi19 tional period as the parties may agree upon, the 

20 Service is not able to bring the parties to agreement 

21 by conciliation, the Service shall refer the dispute to 

22 a tripartite arbitration panel established in accord23 ance with such regulations as may be prescribed by 

24 the Service, with one member selected by the labor or25 ganization, one member selected by the employer, and 


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1 one neutral member mutually agreed to by the par2 ties. The labor organization and employer must each 

3 select the members of the tripartite arbitration panel 

4 within 14 days of the Service’s referral; if the labor 

5 organization or employer fail to do so, the Service 

6 shall designate any members not selected by the labor 

7 organization or the employer. A majority of the tri8 partite arbitration panel shall render a decision set9 tling the dispute and such decision shall be binding 

10 upon the parties for a period of two years, unless 

11 amended during such period by written consent of the 

12 parties. Such decision shall be based on— 

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

14 prospects; 

15 ‘‘(ii) the size and type of the employer’s op16 erations and business; 

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

18 ‘‘(iv) the employees’ ability to sustain them19 selves, their families, and their dependents on the 

20 wages and benefits they earn from the employer; 

21 and 

22 ‘‘(v) the wages and benefits other employers 

23 in the same business provide their employees.’’; 

24 (5) by amending subsection (e) to read as fol25 lows: 


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

2 States Code (commonly known as the ‘Federal Arbitration 

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

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

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

6 agreement, express or implied, whereby prior to a dis7 pute to which the agreement applies, an employee un8 dertakes or promises not to pursue, bring, join, liti9 gate, or support any kind of joint, class, or collective 

10 claim arising from or relating to the employment of 

11 such employee in any forum that, but for such agree12 ment, is of competent jurisdiction; 

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

14 promising not to pursue, bring, join, litigate, or sup15 port any kind of joint, class, or collective claim aris16 ing from or relating to the employment of such em17 ployee; or 

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

19 an employee for refusing to undertake or promise not 

20 to pursue, bring, join, litigate, or support any kind 

21 of joint, class, or collective claim arising from or re22 lating to the employment of such employee: Provided, 

23 That any agreement that violates this subsection or 

24 results from a violation of this subsection shall be to 

25 such extent unenforceable and void: Provided further, 


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1 That this subsection shall not apply to any agreement 

2 embodied in or expressly permitted by a contract be3 tween an employer and a labor organization.’’; 

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

5 the last sentence of section 8(d) of this Act’’ and in6 serting ‘‘subsection (d)(2)(B)’’; and 

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

8 ‘‘(h)(1) The Board shall promulgate regulations re9 quiring each employer to post and maintain, in con10 spicuous places where notices to employees and applicants 

11 for employment are customarily posted both physically and 

12 electronically, a notice setting forth the rights and protec13 tions afforded employees under this Act. The Board shall 

14 make available to the public the form and text of such no15 tice. The Board shall promulgate regulations requiring em16 ployers to notify each new employee of the information con17 tained in the notice described in the preceding two sen18 tences. 

19 ‘‘(2) Whenever the Board directs an election under sec20 tion 9(c) or approves an election agreement, the employer 

21 of employees in the bargaining unit shall, not later than 

22 two business days after the Board directs such election or 

23 approves such election agreement, provide a voter list to a 

24 labor organization that has petitioned to represent such em25 ployees. Such voter list shall include the names of all emVerDate Sep 11 2014 21:35 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H2474.RH H2474

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1 ployees in the bargaining unit and such employees’ home 

2 addresses, work locations, shifts, job classifications, and, if 

3 available to the employer, personal landline and mobile tele4 phone numbers, and work and personal email addresses; the 

5 voter list must be provided in a searchable electronic format 

6 generally approved by the Board unless the employer cer7 tifies that the employer does not possess the capacity to 

8 produce the list in the required form. Not later than nine 

9 months after the date of enactment of the Protecting the 

10 Right to Organize Act of 2019, the Board shall promulgate 

11 regulations implementing the requirements of this para12 graph. 

13 ‘‘(i) The rights of an employee under section 7 include 

14 the right to use electronic communication devices and sys15 tems (including computers, laptops, tablets, internet access, 

16 email, cellular telephones, or other company equipment) of 

17 the employer of such employee to engage in activities pro18 tected under section 7 if such employer has given such em19 ployee access to such devices and systems in the course of 

20 the work of such employee, absent a compelling business ra21 tionale.’’. 

22 (e) REPRESENTATIVES AND ELECTIONS.—Section 9 of 

23 the National Labor Relations Act (29 U.S.C. 159) is 

24 amended— 

25 (1) in subsection (c)— 


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

2 follows: 

3 ‘‘(1) Whenever a petition shall have been filed, in ac4 cordance with such regulations as may be prescribed by the 

5 Board, by an employee or group of employees or any indi6 vidual or labor organization acting in their behalf alleging 

7 that a substantial number of employees (i) wish to be rep8 resented for collective bargaining and that their employer 

9 declines to recognize their representative as the representa10 tive defined in section 9(a), or (ii) assert that the individual 

11 or labor organization, which has been certified or is being 

12 recognized by their employer as the bargaining representa13 tive, is no longer a representative as defined in section 9(a), 

14 the Board shall investigate such petition and if it has rea15 sonable cause to believe that a question of representation 

16 affecting commerce exists shall provide for an appropriate 

17 hearing upon due notice. Such hearing may be conducted 

18 by an officer or employee of the regional office, who shall 

19 not make any recommendations with respect thereto. If the 

20 Board finds upon the record of such hearing that such a 

21 question of representation exists, it shall direct an election 

22 by secret ballot and shall certify the results thereof. The 

23 Board shall find the labor organization’s proposed unit to 

24 be appropriate if the employees in the proposed unit share 

25 a community of interest, and if the employees outside the 


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1 unit do not share an overwhelming community of interest 

2 with employees inside. At the request of the labor organiza3 tion, the Board shall direct that the election be conducted 

4 through certified mail, electronically, at the work location, 

5 or at a location other than one owned or controlled by the 

6 employer. No employer shall have standing as a party or 

7 to intervene in any representation proceeding under this 

8 section.’’; 

9 (B) in paragraph (3), by striking ‘‘an eco10 nomic strike who are not entitled to reinstate11 ment’’ and inserting ‘‘a strike’’; 

12 (C) by redesignating paragraphs (4) and 

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

14 (D) by inserting after paragraph (3) the fol15 lowing: 

16 ‘‘(4) If the Board finds that, in an election under para17 graph (1), a majority of the valid votes cast in a unit ap18 propriate for purposes of collective bargaining have been 

19 cast in favor of representation by the labor organization, 

20 the Board shall certify the labor organization as the rep21 resentative of the employees in such unit and shall issue 

22 an order requiring the employer of such employees to collec23 tively bargain with the labor organization in accordance 

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


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1 section 10(c) of this Act, without need for a determination 

2 of an unfair labor practice. 

3 ‘‘(5)(A) 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 not 

6 been cast in favor of representation by the labor organiza7 tion, the Board shall dismiss the petition, subject to sub8 paragraphs (B) and (C). 

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

10 cast in a unit appropriate for purposes of collective bar11 gaining have not been cast in favor of representation by 

12 the labor organization and the Board determines that the 

13 election should be set aside because the employer has com14 mitted a violation of this Act or otherwise interfered with 

15 a fair election, and the employer has not demonstrated that 

16 the violation or other interference is unlikely to have af17 fected the outcome of the election, the Board shall, without 

18 ordering a new election, certify the labor organization as 

19 the representative of the employees in such unit and issue 

20 an order requiring the employer to bargain with the labor 

21 organization in accordance with section 8(d) if, at any time 

22 during the period beginning one year preceding the date 

23 of the commencement of the election and ending on the date 

24 upon which the Board makes the determination of a viola25 tion or other interference, a majority of the employees in 


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1 the bargaining unit have signed authorizations designating 

2 the labor organization as their collective bargaining rep3 resentative. 

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

5 election under this paragraph should be set aside, the Board 

6 shall direct a new election with appropriate additional safe7 guards necessary to ensure a fair election process, except 

8 in cases where the Board issues a bargaining order under 

9 subparagraph (B).’’; and 

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

11 redesignated, the following: 

12 ‘‘(8) Except under extraordinary circumstances— 

13 ‘‘(A) a pre-election hearing under this subsection 

14 shall begin not later than eight days after a notice of 

15 such hearing is served on the labor organization; and 

16 ‘‘(B) a post-election hearing under this sub17 section shall begin not later than 14 days after the fil18 ing of objections, if any.’’; and 

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

20 inserting ‘‘(d) or’’. 

21 (f) PREVENTION OF UNFAIR LABOR PRACTICES.—Sec22 tion 10(c) of the National Labor Relations Act (29 U.S.C. 

23 160(c)) is amended by striking ‘‘suffered by him’’ and in24 serting ‘‘suffered by such employee: Provided further, That 

25 if the Board finds that an employer has discriminated 


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1 against an employee in violation of paragraph (3) or (4) 

2 of section 8(a) or has committed a violation of section 8(a) 

3 that results in the discharge of an employee or other serious 

4 economic harm to an employee, the Board shall award the 

5 employee back pay without any reduction (including any 

6 reduction based on the employee’s interim earnings or fail7 ure to earn interim earnings), front pay (when appro8 priate), consequential damages, and an additional amount 

9 as liquidated damages equal to two times the amount of 

10 damages awarded: Provided further, no relief under this 

11 subsection shall be denied on the basis that the employee 

12 is, or was during the time of relevant employment or during 

13 the back pay period, an unauthorized alien as defined in 

14 section 274A(h)(3) of the Immigration and Nationality Act 

15 (8 U.S.C. 1324a(h)(3)) or any other provision of Federal 

16 law relating to the unlawful employment of aliens’’. 

17 (g) ENFORCING COMPLIANCE WITH ORDERS OF THE

18 BOARD.— 

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

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

21 amended— 

22 (A) by striking subsection (e); 

23 (B) by redesignating subsection (d) as sub24 section (e); 


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1 (C) by inserting after subsection (c) the fol2 lowing: 

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

4 issuance of such order, unless otherwise directed by the 

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

6 Board or unless a court of competent jurisdiction issues a 

7 superseding order. 

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

9 of the Board shall forfeit and pay to the Board a civil pen10 alty of not more than $10,000 for each violation, which 

11 shall accrue to the United States and may be recovered in 

12 a civil action brought by the Board to the district court 

13 of the United States in which the unfair labor practice or 

14 other subject of the order occurred, or in which such person 

15 or entity resides or transacts business. No action by the 

16 Board under this paragraph may be made until 30 days 

17 following the issuance of an order. Each separate violation 

18 of such an order shall be a separate offense, except that, 

19 in the case of a violation in which a person fails to obey 

20 or neglects to obey a final order of the Board, each day 

21 such failure or neglect continues shall be deemed a separate 

22 offense. 

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

24 notice and an opportunity to be heard regarding a civil 

25 action under subparagraph (2) for the enforcement of an 


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1 order, the court determines that the order was regularly 

2 made and duly served, and that the person or entity is in 

3 disobedience of the same, the court shall enforce obedience 

4 to such order by an injunction or other proper process, 

5 mandatory or otherwise, to— 

6 ‘‘(A) restrain such person or entity or the offi7 cers, agents, or representatives of such person or enti8 ty, from further disobedience to such order; or 

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

10 agents, or representatives to obedience to the same.’’; 

11 (D) in subsection (f)— 

12 (i) by striking ‘‘proceed in the same 

13 manner as in the case of an application by 

14 the Board under subsection (e) of this sec15 tion,’’ and inserting ‘‘proceed as provided 

16 under paragraph (2) of this subsection’’; 

17 (ii) by striking ‘‘Any’’ and inserting 

18 the following: ‘‘ 

19 ‘‘(1) Within 30 days of the issuance of an order, 

20 any’’; and 

21 (iii) by adding at the end the fol22 lowing: 

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

24 Board, its member, agent, or agency shall be considered by 

25 a court, unless the failure or neglect to urge such objection 


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1 shall be excused because of extraordinary circumstances. 

2 The findings of the Board with respect to questions of fact 

3 if supported by substantial evidence on the record consid4 ered as a whole shall be conclusive. If either party shall 

5 apply to the court for leave to adduce additional evidence 

6 and shall show to the satisfaction of the court that such 

7 additional evidence is material and that there were reason8 able grounds for the failure to adduce such evidence in the 

9 hearing before the Board, its member, agent, or agency, the 

10 court may order such additional evidence to be taken before 

11 the Board, its member, agent, or agency, and to be made 

12 a part of the record. The Board may modify its findings 

13 as to the facts, or make new findings, by reason of addi14 tional evidence so taken and filed, and it shall file such 

15 modified or new findings, which findings with respect to 

16 questions of fact if supported by substantial evidence on the 

17 record considered as a whole shall be conclusive, and shall 

18 file its recommendations, if any, for the modification or set19 ting aside of its original order. Upon the filing of the record 

20 with it the jurisdiction of the court shall be exclusive and 

21 its judgment and decree shall be final, except that the same 

22 shall be subject to review by the appropriate United States 

23 court of appeals if application was made to the district 

24 court, and by the Supreme Court of the United States upon 


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1 writ of certiorari or certification as provided in section 

2 1254 of title 28, United States Code.’’; and 

3 (E) in subsection (g), by striking ‘‘sub4 section (e) or (f) of this section’’ and inserting 

5 ‘‘subsection (d) or (f)’’. 

6 (2) CONFORMING AMENDMENT.—Section 18 of 

7 the National Labor Relations Act (29 U.S.C. 168) is 

8 amended by striking ‘‘ section 10(e) or (f)’’ and in9 serting ‘‘subsection (d) or (f) of section 10’’. 

10 (h) INJUNCTIONS AGAINST UNFAIR LABOR PRACTICES

11 INVOLVING DISCHARGE OR OTHER SERIOUS ECONOMIC

12 HARM.—Section 10 of the National Labor Relations Act (29 

13 U.S.C. 160) is amended— 

14 (1) in subsection (j)— 

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

16 ‘‘(1) The Board’’; and 

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

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

19 charged that an employer has engaged in an unfair labor 

20 practice within the meaning of paragraph (1) or (3) of sec21 tion 8(a) that significantly interferes with, restrains, or co22 erces employees in the exercise of the rights guaranteed 

23 under section 7, or involves discharge or other serious eco24 nomic harm to an employee, the preliminary investigation 

25 of such charge shall be made forthwith and given priority 


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1 over all other cases except cases of like character in the office 

2 where it is filed or to which it is referred. If, after such 

3 investigation, the officer or regional attorney to whom the 

4 matter may be referred has reasonable cause to believe such 

5 charge is true and that a complaint should issue, such offi6 cer or attorney shall bring a petition for appropriate tem7 porary relief or restraining order as set forth in paragraph 

8 (1). The district court shall grant the relief requested unless 

9 the court concludes that there is no reasonable likelihood 

10 that the Board will succeed on the merits of the Board’s 

11 claim.’’; and 

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

13 (i) PENALTIES.— 

14 (1) IN GENERAL.—Section 12 of the National 

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

16 (A) by striking ‘‘SEC. 12. Any person’’ and 

17 inserting the following: 

18 ‘‘SEC. 12. PENALTIES. 

19 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH BOARD.— 

20 Any person’’; and 

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

22 ‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS AND

23 VOTER LIST.—If the Board, or any agent or agency des24 ignated by the Board for such purposes, determines that an 


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1 employer has violated section 8(h) or regulations issued 

2 thereunder, the Board shall— 

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

4 determination; 

5 ‘‘(2) issue and cause to be served on such em6 ployer an order requiring that such employer comply 

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

8 and 

9 ‘‘(3) impose a civil penalty in an amount deter10 mined appropriate by the Board, except that in no 

11 case shall the amount of such penalty exceed $500 for 

12 each such violation. 

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

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

15 an unfair labor practice within the meaning of sec16 tion 8(a) shall, in addition to any remedy ordered by 

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

18 not to exceed $50,000 for each violation, except that, 

19 with respect to an unfair labor practice within the 

20 meaning of paragraph (3) or (4) of section 8(a) or a 

21 violation of section 8(a) that results in the discharge 

22 of an employee or other serious economic harm to an 

23 employee, the Board shall double the amount of such 

24 penalty, to an amount not to exceed $100,000, in any 


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1 case where the employer has within the preceding five 

2 years committed another such violation. 

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

4 amount of any civil penalty under this subsection, the 

5 Board shall consider— 

6 ‘‘(A) the gravity of the unfair labor prac7 tice; 

8 ‘‘(B) the impact of the unfair labor practice 

9 on the charging party, on other persons seeking 

10 to exercise rights guaranteed by this Act, and on 

11 the public interest; and 

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

13 ‘‘(3) DIRECTOR AND OFFICER LIABILITY.—If the 

14 Board determines, based on the particular facts and 

15 circumstances presented, that a director or officer’s 

16 personal liability is warranted, a civil penalty for a 

17 violation described in this subsection may also be as18 sessed against any director or officer of the employer 

19 who directed or committed the violation, had estab20 lished a policy that led to such a violation, or had ac21 tual or constructive knowledge of and the authority to 

22 prevent the violation and failed to prevent the viola23 tion. 

24 ‘‘(d) RIGHT TO CIVIL ACTION.— 


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

2 by reason of a violation of paragraph (1) or (3) of 

3 section 8(a) may, after 60 days following the filing of 

4 a charge with the Board alleging an unfair labor 

5 practice, bring a civil action in the appropriate dis6 trict court of the United States against the employer 

7 within 90 days after the expiration of the 60-day pe8 riod or the date the Board notifies the person that no 

9 complaint shall issue, whichever occurs earlier, pro10 vided that the Board has not filed a petition under 

11 section 10(j) of this Act prior to the expiration of the 

12 60-day period. No relief under this subsection shall be 

13 denied on the basis that the employee is, or was dur14 ing the time of relevant employment or during the 

15 back pay period, an unauthorized alien as defined in 

16 section 274A(h)(3) of the Immigration and Nation17 ality Act (8 U.S.C. 1324a(h)(3)) or any other provi18 sion of Federal law relating to the unlawful employ19 ment of aliens. 

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

21 action under paragraph (1) may include— 

22 ‘‘(A) back pay without any reduction, in23 cluding any reduction based on the employee’s 

24 interim earnings or failure to earn interim earn25 ings; 


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

2 ‘‘(C) consequential damages; 

3 ‘‘(D) an additional amount as liquidated 

4 damages equal to two times the cumulative 

5 amount of damages awarded under subpara6 graphs (A) through (C); 

7 ‘‘(E) in appropriate cases, punitive dam8 ages in accordance with paragraph (4); and 

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

10 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 

11 2000e–5(g)) or by section 1977A(b) of the Re12 vised Statutes (42 U.S.C. 1981a(b)). 

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

14 under this subsection, the court may allow the pre15 vailing party a reasonable attorney’s fee (including 

16 expert fees) and other reasonable costs associated with 

17 maintaining the action. 

18 ‘‘(4) PUNITIVE DAMAGES.—In awarding punitive 

19 damages under paragraph (2)(E), the court shall con20 sider— 

21 ‘‘(A) the gravity of the unfair labor prac22 tice; 

23 ‘‘(B) the impact of the unfair labor practice 

24 on the charging party, on other persons seeking 


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1 to exercise rights guaranteed by this Act, and on 

2 the public interest; and 

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

4 (2) CONFORMING AMENDMENTS.—Section 10(b) 

5 of the National Labor Relations Act (29 U.S.C. 

6 160(b)) is amended— 

7 (A) by striking ‘‘six months’’ and inserting 

8 ‘‘180 days’’; and 

9 (B) by striking ‘‘the six-month period’’ and 

10 inserting ‘‘the 180-day period’’. 

11 (j) LIMITATIONS.—Section 13 of the National Labor 

12 Relations Act (29 U.S.C. 163) is amended by striking the 

13 period at the end and inserting the following: ‘‘: Provided, 

14 That the duration, scope, frequency, or intermittence of any 

15 strike or strikes shall not render such strike or strikes un16 protected or prohibited.’’. 

17 (k) FAIR SHARE AGREEMENTS PERMITTED.—Section 

18 14(b) of the National Labor Relations Act (29 U.S.C. 

19 164(b)) is amended by striking the period at the end and 

20 inserting the following: ‘‘: Provided, That collective bar21 gaining agreements providing that all employees in a bar22 gaining unit shall contribute fees to a labor organization 

23 for the cost of representation, collective bargaining, contract 

24 enforcement, and related expenditures as a condition of emVerDate Sep 11 2014 21:35 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H2474.RH H2474

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1 ployment shall be valid and enforceable notwithstanding 

2 any State or Territorial law.’’. 

3 SEC. 3. CONFORMING AMENDMENTS TO THE LABOR MAN4 AGEMENT RELATIONS ACT, 1947. 

5 The Labor Management Relations Act, 1947 is amend6 ed— 

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

8 striking ‘‘clause (A) of the last sentence of section 8(d) 

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

10 or within 10 days after the notice under clause (B)’’ 

11 and inserting ‘‘section 8(d)(2)(A) of the National 

12 Labor Relations Act (which is required by section 

13 8(d)(1)(C) of such Act), or within 10 days after the 

14 notice under section 8(d)(2)(B) of such Act’’; and 

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

16 SEC. 4. AMENDMENTS TO THE LABOR-MANAGEMENT RE17 PORTING AND DISCLOSURE ACT OF 1959. 

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

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

20 by striking the period at the end and inserting the following 

21 ‘‘: Provided, That this subsection shall not exempt from the 

22 requirements of this section any arrangement or part of an 

23 arrangement in which a party agrees, for an object de24 scribed in subsection (b)(1), to plan or conduct employee 

25 meetings; train supervisors or employer representatives to 


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1 conduct meetings; coordinate or direct activities of super2 visors or employer representatives; establish or facilitate 

3 employee committees; identify employees for disciplinary 

4 action, reward, or other targeting; or draft or revise em5 ployer personnel policies, speeches, presentations, or other 

6 written, recorded, or electronic communications to be deliv7 ered or disseminated to employees.’’. 

8 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums as 

10 may be necessary to carry out the provisions of this Act, 

11 including any amendments made by this Act. 


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Union Calendar No. 276 

116TH CONGRESS 

1ST SESSION H. R. 2474 

[Report No. 116–347] 

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 

DECEMBER 16, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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