I 

116TH CONGRESS 

1ST SESSION H. R. 2474 

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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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. 

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. FINDINGS. 

7 Congress finds the following: 

8 (1) The National Labor Relations Act (29 

9 U.S.C. 151 et seq.) was enacted to encourage the 

10 practice of collective bargaining and to protect the 

11 exercise by workers of full freedom of association in 

12 the workplace. Since its enactment in 1935, tens of 

13 millions of workers have bargained with their em14 ployers over wages, benefits, and other terms and 

15 conditions of employment and have raised the stand16 ard of living for all workers. 

17 (2) According to the Bureau of Labor Statis18 tics, union members earn 25.6 percent more than 

19 workers who are not covered by a collective bar20 gaining agreement. Workers who are represented by 

21 a union are 28 percent more likely to be offered 


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1 health insurance through work and nearly five times 

2 more likely to have defined benefit pensions. The 

3 wage differential is significant for women and people 

4 of color. African-American union members earn 25 

5 percent more than African-American workers who 

6 are not covered by a collective bargaining agreement, 

7 and Latino union members earn 42.6 percent more 

8 than Latino workers who are not covered by a collec9 tive bargaining agreement. Women union members 

10 earn 30 percent more than women who are not cov11 ered by a collective bargaining agreement, and the 

12 wage gap between men and women is much smaller 

13 at workplaces covered by a collective bargaining 

14 agreement because collective bargaining agreements 

15 ensure the same rate is paid to workers for a par16 ticular job without regard to gender. The wage and 

17 benefit gains achieved through collective bargaining 

18 agreements benefit both workers and their commu19 nities. 

20 (3) Unions and collective bargaining ensure 

21 that productivity gains are shared by working peo22 ple. The decline in the percentage of workers covered 

23 by collective bargaining has contributed to sky24 rocketing income inequality and wage stagnation for 

25 the average worker. 


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1 (4) The National Labor Relations Act protects 

2 the right of workers to join together with their co3 workers in concerted activities for their mutual aid 

4 or protection. This protection applies broadly to all 

5 concerted activities by workers aimed at improving 

6 the terms and conditions of their employment or aid7 ing each other in any way, regardless of whether 

8 workers are seeking to form a union or engage in 

9 collective bargaining with their employer. 

10 (5) The Act protects the right of workers to 

11 discuss issues like pay and benefits without retalia12 tion or interference by employers. However, the 

13 awareness of workers regarding their rights under 

14 the Act is lacking, due in part to the absence of any 

15 legally required notice informing workers of the 

16 rights and responsibilities under the Act. Many em17 ployers maintain policies that restrict the ability of 

18 workers to discuss workplace issues with each other, 

19 directly contravening these rights. Research shows 

20 that more than one half of workers report that their 

21 employers have policies that prohibit or discourage 

22 workers from discussing pay with their coworkers. 

23 These policies and practices impede workers from 

24 exercising their rights under the Act and impair 

25 their freedom of association at work. 


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1 (6) Retaliation by employers against workers 

2 who exercise their rights under the National Labor 

3 Relations Act persists at troubling levels. Employers 

4 routinely fire workers for trying to form a union at 

5 their workplace. In one out of three organizing cam6 paigns, one or more workers are discharged for sup7 porting or joining a union. 

8 (7) The current remedies are inadequate to 

9 deter employers from violating the National Labor 

10 Relations Act. The remedies and penalties for viola11 tions of the Act are far weaker than for other labor 

12 and employment laws. Unlike other major labor and 

13 employment laws, there are no civil penalties for vio14 lations of the National Labor Relations Act. Work15 ers cannot go to court to pursue relief on their own 

16 and must rely on the National Labor Relations 

17 Board to prosecute their case. Should the Board de18 cline to prosecute for any reason, aggrieved workers 

19 have no other remedy. 

20 (8) Unlike orders of other Federal agencies, the 

21 orders of the National Labor Relations Board are 

22 not enforced until the Board seeks enforcement from 

23 a court of appeals. As far back as 1969, the Admin24 istrative Conference of the United States recognized 

25 that the absence of a self-enforcing agency order imVerDate Sep 11 2014 04:40 May 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2474.IH H2474

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1 poses wasteful delays in the enforcement of the Na2 tional Labor Relations Act, and recommended that 

3 the Board’s orders be made self-enforcing like those 

4 of other agencies. Congress did not act upon this 

5 recommendation, and delays in the Board’s enforce6 ment remain a problem undermining the effective7 ness of the Act. 

8 (9) Many workers do not currently enjoy the 

9 protections of the National Labor Relations Act be10 cause they are excluded from coverage under the Act 

11 or interpretations of the Act. 

12 (10) Too often, workers who choose to form 

13 unions are frustrated when their employers use delay 

14 and other tactics to avoid reaching an initial collec15 tive bargaining agreement. Estimates are that in as 

16 many as half of new organizing campaigns, workers 

17 and their employers fail to reach an initial collective 

18 bargaining agreement. 

19 (11) While the National Labor Relations Act 

20 guarantees workers the right to strike, courts have 

21 permitted employers to ‘‘permanently replace’’ work22 ers who exercise their right to strike. This is con23 trary to Congress’s intent in enacting the National 

24 Labor Relations Act and has led to confusion among 

25 workers regarding their right to strike. 


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1 (12) Hearings under section 9 of the National 

2 Labor Relations Act (29 U.S.C. 159) exist to assure 

3 to workers the fullest freedom in exercising the 

4 rights guaranteed by the Act. However, some em5 ployers have abused the representation process of 

6 the National Labor Relations Board to impede work7 ers from freely choosing their own representatives 

8 and exercising their rights under the Act. 

9 (13) So-called ‘‘right-to-work’’ laws do not give 

10 any worker the right to a job. While Federal law re11 quires unions to fairly represent all members of a 

12 given bargaining unit, and thereby expend resources 

13 on all unit members, many States’ so-called ‘‘right14 to-work’’ laws prohibit unions from charging all 

15 members for the representation and services that the 

16 unions are legally obliged to render. Section 14(b) of 

17 the National Labor Relations Act (29 U.S.C. 

18 164(b)) must be reformed to permit unions and em19 ployers to mutually agree that payment of fair share 

20 fees shall be a condition of employment following ini21 tial hiring. 

22 (14) Restrictions on so-called ‘‘secondary boy23 cotts’’ and ‘‘recognitional picketing’’ unduly impede 

24 workers’ ability to engage in peaceful conduct and 

25 expression. Workers must be free to act in solidarity 


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1 with workers in other workplaces in order to improve 

2 labor standards and achieve other lawful ends for 

3 mutual aid or protection. 

4 (15) In order to make the right to collective 

5 bargaining and freedom of association in the work6 place a reality for workers, the National Labor Rela7 tions Act must be strengthened. 

8 SEC. 3. PURPOSES. 

9 The purposes of this Act are— 

10 (1) to strengthen protections for workers en11 gaged in collective bargaining to improve their 

12 wages, hours, and terms and conditions of employ13 ment; 

14 (2) to expand coverage under the National 

15 Labor Relations Act (29 U.S.C. 151 et seq.) to more 

16 workers; 

17 (3) to provide a process by which workers and 

18 employers can successfully negotiate an initial collec19 tive bargaining agreement; 

20 (4) to provide a stronger deterrent and fairer 

21 remedies for workers who face retaliation, discrimi22 nation, or other interference with their legal rights 

23 to act concertedly, join a union, or engage in collec24 tive bargaining; 


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1 (5) to broadly protect workers’ right to engage 

2 in concerted activities for mutual aid or protection; 

3 (6) to streamline the enforcement procedures of 

4 the National Labor Relations Board to provide for 

5 more timely and effective enforcement of the law; 

6 (7) to safeguard the right to strike by prohib7 iting ‘‘permanent replacement’’ of striking workers; 

8 (8) to repeal specific prohibitions on collective 

9 action and peaceful expression; 

10 (9) to permit fair share fee arrangements in 

11 order to promote workers’ freedom of association 

12 and encourage the practice of collective bargaining; 

13 (10) to improve the purchasing power of wage 

14 earners in industry; 

15 (11) to promote the stabilization of fair wage 

16 rates and humane working conditions within and be17 tween industries; and 

18 (12) to redress the inequality of bargaining 

19 power between workers and employers. 

20 SEC. 4. AMENDMENTS TO THE NATIONAL LABOR RELA21 TIONS ACT. 

22 (a) DEFINITIONS.— 

23 (1) JOINT EMPLOYER.—Section 2(2) of the Na24 tional Labor Relations Act (29 U.S.C. 152(2)) is 

25 amended by adding at the end the following: ‘‘Two 


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1 or more persons shall be employers with respect to 

2 an employee if each such person codetermines or 

3 shares control over the employee’s essential terms 

4 and conditions of employment. In determining 

5 whether such control exists, the Board or a court of 

6 competent jurisdiction shall consider as relevant di7 rect control and indirect control over such terms and 

8 conditions, reserved authority to control such terms 

9 and conditions, and control over such terms and con10 ditions exercised by a person in fact: Provided, That 

11 nothing herein precludes a finding that indirect or 

12 reserved control standing alone can be sufficient 

13 given specific facts and circumstances.’’. 

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

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

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

17 performing any service shall be considered an em18 ployee (except as provided in the previous sentence) 

19 and not an independent contractor, unless— 

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

21 direction in connection with the performance of 

22 the service, both under the contract for the per23 formance of service and in fact; 


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

2 usual course of the business of the employer; 

3 and 

4 ‘‘(C) the individual is customarily engaged 

5 in an independently established trade, occupa6 tion, profession, or business of the same nature 

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

8 (3) SUPERVISOR.—Section 2(11) of the Na9 tional Labor Relations Act (29 U.S.C. 152(11)) is 

10 amended— 

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

12 individual’s worktime’’ after ‘‘interest of the 

13 employer’’; 

14 (B) by striking ‘‘assign,’’; and 

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

16 them,’’. 

17 (b) APPOINTMENT.—Section 4(a) of the National 

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

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

20 (c) UNFAIR LABOR PRACTICES.—Section 8 of the 

21 National Labor Relations Act (29 U.S.C. 158) is amend22 ed— 

23 (1) in subsection (a)— 

24 (A) in paragraph (5), by striking the pe25 riod and inserting ‘‘; and’’; and 


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

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

3 ‘‘(A) to permanently replace an employee 

4 who participates in a strike as defined by sec5 tion 501(2) of the Labor Management Rela6 tions Act, 1947 (29 U.S.C. 142(2)); or 

7 ‘‘(B) to discriminate against an employee 

8 who is working or has unconditionally offered to 

9 return to work for the employer because the 

10 employee supported or participated in such a 

11 strike.’’; 

12 (2) in subsection (b)— 

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

14 (B) by redesignating paragraphs (5) and 

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

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

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

18 and’’; and 

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

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

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

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

23 That it shall be an unfair labor practice under sub24 section (a)(1) for any employer to require or coerce 

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1 er’s campaign activities unrelated to the employee’s 

2 job duties, including activities that are subject to the 

3 requirements under section 203(b) of the Labor4 Management Reporting and Disclosure Act of 1959 

5 (29 U.S.C. 433(b)).’’; 

6 (4) in subsection (d)— 

7 (A) by redesignating paragraphs (1) 

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

9 respectively; 

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

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

12 section’’; 

13 (C) by striking ‘‘The duties imposed’’ and 

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

15 (D) by striking ‘‘by paragraphs (2), (3), 

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

17 (C), and (D) of paragraph (1)’’; 

18 (E) by striking ‘‘section 8(d)(1)’’ and in19 serting ‘‘paragraph (1)(A)’’; 

20 (F) by striking ‘‘section 8(d)(3)’’ and in21 serting ‘‘paragraph (1)(C)’’ in each place it ap22 pears; 

23 (G) by striking ‘‘section 8(d)(4)’’ and in24 serting ‘‘paragraph (1)(D)’’; and 

25 (H) by adding at the end the following: 


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1 ‘‘(3) Whenever collective bargaining is for the pur2 pose of establishing an initial collective bargaining agree3 ment following certification or recognition of a labor orga4 nization, the following shall apply: 

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

6 written request for collective bargaining from an in7 dividual or labor organization that has been newly 

8 recognized or certified as a representative as defined 

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

10 parties agree upon, the parties shall meet and com11 mence to bargain collectively and shall make every 

12 reasonable effort to conclude and sign a collective 

13 bargaining agreement. 

14 ‘‘(B) If after the expiration of the 90-day pe15 riod beginning on the date on which bargaining is 

16 commenced, or such additional period as the parties 

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

18 agreement, either party may notify the Federal Me19 diation and Conciliation Service of the existence of 

20 a dispute and request mediation. Whenever such a 

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

22 promptly to put itself in communication with the 

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

24 conciliation, to bring them to agreement. 


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

2 beginning on the date on which the request for me3 diation is made under subparagraph (B), or such ad4 ditional period as the parties may agree upon, the 

5 Service is not able to bring the parties to agreement 

6 by conciliation, the Service shall refer the dispute to 

7 a tripartite arbitration panel established in accord8 ance with such regulations as may be prescribed by 

9 the Service, with one member selected by the labor 

10 organization, one member selected by the employer, 

11 and one neutral member mutually agreed to by the 

12 parties. A majority of the tripartite arbitration panel 

13 shall render a decision settling the dispute and such 

14 decision shall be binding upon the parties for a pe15 riod of two years, unless amended during such pe16 riod by written consent of the parties. Such decision 

17 shall be based on— 

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

19 prospects; 

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

21 operations and business; 

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

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

24 themselves, their families, and their dependents 


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1 on the wages and benefits they earn from the 

2 employer; and 

3 ‘‘(v) the wages and benefits other employ4 ers in the same business provide their employ5 ees.’’; 

6 (5) by amending subsection (e) to read as fol7 lows: 

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

9 States Code (commonly known as the ‘Federal Arbitration 

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

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

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

13 agreement, express or implied, whereby prior to a 

14 dispute to which the agreement applies, an employee 

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

16 litigate, or support any kind of joint, class, or collec17 tive claim arising from or relating to the employ18 ment of such employee in any forum that, but for 

19 such agreement, is of competent jurisdiction; 

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

21 promising not to pursue, bring, join, litigate, or sup22 port any kind of joint, class, or collective claim aris23 ing from or relating to the employment of such em24 ployee; or 


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

2 an employee for refusing to undertake or promise 

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

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

5 or relating to the employment of such employee: 

6 Provided, That any agreement that violates this sub7 section or results from a violation of this subsection 

8 shall be to such extent unenforceable and void: Pro9 vided further, That this subsection shall not apply to 

10 any agreement embodied in or expressly permitted 

11 by a contract between an employer and a labor orga12 nization.’’; 

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

14 the last sentence of section 8(d) of this Act’’ and in15 serting ‘‘subsection (d)(2)(B)’’; and 

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

17 ‘‘(h)(1) The Board shall promulgate regulations re18 quiring each employer to post and maintain, in con19 spicuous places where notices to employees and applicants 

20 for employment are customarily posted both physically and 

21 electronically, a notice setting forth the rights and protec22 tions afforded employees under this Act. The Board shall 

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

24 notice. The Board shall promulgate regulations requiring 

25 employers to notify each new employee of the information 


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1 contained in the notice described in the preceding two sen2 tences. 

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

4 section 9(c) or approves an election agreement, the em5 ployer of employees in the bargaining unit shall, not later 

6 than two business days after the Board directs such elec7 tion or approves such election agreement, provide a voter 

8 list to a labor organization that has petitioned to represent 

9 such employees. Such voter list shall include the names 

10 of all employees in the bargaining unit and such employ11 ees’ home addresses, work locations, shifts, job classifica12 tions, and, if available to the employer, personal landline 

13 and mobile telephone numbers, and work and personal 

14 email addresses. Not later than nine months after the date 

15 of enactment of the Protecting the Right to Organize Act 

16 of 2019, the Board shall promulgate regulations imple17 menting the requirements of this paragraph.’’. 

18 (d) REPRESENTATIVES AND ELECTIONS.—Section 9 

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

20 amended— 

21 (1) in subsection (c)— 

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

23 follows: 

24 ‘‘(1) Whenever a petition shall have been filed, in ac25 cordance with such regulations as may be prescribed by 


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

2 individual or labor organization acting in their behalf al3 leging that a substantial number of employees (i) wish to 

4 be represented for collective bargaining and that their em5 ployer declines to recognize their representative as the rep6 resentative defined in section 9(a), or (ii) assert that the 

7 individual or labor organization, which has been certified 

8 or is being recognized by their employer as the bargaining 

9 representative, is no longer a representative as defined in 

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

11 if it has reasonable cause to believe that a question of rep12 resentation affecting commerce exists shall provide for an 

13 appropriate hearing upon due notice. Such hearing may 

14 be conducted by an officer or employee of the regional of15 fice, who shall not make any recommendations with re16 spect thereto. If the Board finds upon the record of such 

17 hearing that such a question of representation exists, it 

18 shall direct an election by secret ballot and shall certify 

19 the results thereof. No employer shall have standing as 

20 a party or to intervene in any representation proceeding 

21 under this section.’’; 

22 (B) in paragraph (3), by striking ‘‘an eco23 nomic strike who are not entitled to reinstate24 ment’’ and inserting ‘‘a strike’’; 


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1 (C) by redesignating paragraphs (4) and 

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

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

4 following: 

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

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

7 appropriate for purposes of collective bargaining have been 

8 cast in favor of representation by the labor organization, 

9 the Board shall certify the labor organization as the rep10 resentative of the employees in such unit and shall issue 

11 an order requiring the employer of such employees to col12 lectively bargain with the labor organization in accordance 

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

14 under section 10(c) of this Act, without need for a deter15 mination of an unfair labor practice. 

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

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

18 appropriate for purposes of collective bargaining have not 

19 been cast in favor of representation by the labor organiza20 tion, the Board shall dismiss the petition, subject to sub21 paragraphs (B) and (C). 

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

23 votes cast in a unit appropriate for purposes of collective 

24 bargaining have not been cast in favor of representation 

25 by the labor organization and the Board determines that 


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1 the election should be set aside because the employer has 

2 committed a violation of this Act or otherwise interfered 

3 with a fair election, and the employer has not dem4 onstrated that the violation or other interference is un5 likely to have affected the outcome of the election, the 

6 Board shall, without ordering a new election, certify the 

7 labor organization as the representative of the employees 

8 in such unit and issue an order requiring the employer 

9 to bargain with the labor organization in accordance with 

10 section 8(d) if, at any time during the period beginning 

11 one year preceding the date of the commencement of the 

12 election and ending on the date upon which the Board 

13 makes the determination of a violation or other inter14 ference, a majority of the employees in the bargaining unit 

15 have signed authorizations designating the labor organiza16 tion as their collective bargaining representative. 

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

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

19 Board shall direct a new election with appropriate addi20 tional safeguards necessary to ensure a fair election proc21 ess, except in cases where the Board issues a bargaining 

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

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

24 redesignated, the following: 

25 ‘‘(8) Except under extraordinary circumstances— 


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1 ‘‘(A) a pre-election hearing under this sub2 section shall begin not later than eight days after a 

3 notice of such hearing is served on the labor organi4 zation; and 

5 ‘‘(B) a post-election hearing under this sub6 section shall begin not later than 14 days after the 

7 filing of objections, if any.’’; and 

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

9 inserting ‘‘(d) or’’. 

10 (e) PREVENTION OF UNFAIR LABOR PRACTICES.— 

11 Section 10(c) of the National Labor Relations Act (29 

12 U.S.C. 160(c)) is amended by striking ‘‘suffered by him’’ 

13 and inserting ‘‘suffered by such employee: Provided fur14 ther, That if the Board finds that an employer has dis15 criminated against an employee in violation of paragraph 

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

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

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

19 shall award the employee back pay without any reduction 

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

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

22 (when appropriate), consequential damages, and an addi23 tional amount as liquidated damages equal to two times 

24 the amount of damages awarded: Provided further, no re25 lief under this subsection shall be denied on the basis that 


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1 the employee is, or was during the time of relevant em2 ployment or during the back pay period, an unauthorized 

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

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

5 provision of Federal law relating to the unlawful employ6 ment of aliens’’. 

7 (f) ENFORCING COMPLIANCE WITH ORDERS OF THE

8 BOARD.— 

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

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

11 amended— 

12 (A) by striking subsection (e); 

13 (B) by redesignating subsection (d) as sub14 section (e); 

15 (C) by inserting after subsection (c) the 

16 following: 

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

18 upon issuance of such order, unless otherwise directed by 

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

20 the Board or unless a court of competent jurisdiction 

21 issues a superseding order. 

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

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

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

25 which shall accrue to the Board and may be recovered in 


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

2 of the United States in which the unfair labor practice 

3 or other subject of the order occurred, or in which such 

4 person or entity resides or transacts business. No action 

5 by the Board under this paragraph may be made until 

6 30 days following the issuance of an order. Each separate 

7 violation of such an order shall be a separate offense, ex8 cept that, in the case of a violation in which a person fails 

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

10 each day such failure or neglect continues shall be deemed 

11 a separate offense. 

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

13 notice and an opportunity to be heard regarding a civil 

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

15 order, the court determines that the order was regularly 

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

17 in disobedience of the same, the court shall enforce obedi18 ence to such order by an injunction or other proper proc19 ess, mandatory or otherwise, to— 

20 ‘‘(A) restrain such person or entity or the offi21 cers, agents, or representatives of such person or en22 tity, from further disobedience to such order; or 

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

24 agents, or representatives to obedience to the 

25 same.’’; 


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1 (D) in subsection (f)— 

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

3 manner as in the case of an application by 

4 the Board under subsection (e) of this sec5 tion,’’ and inserting ‘‘proceed as provided 

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

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

8 the following: 

9 ‘‘(1) Within 30 days of the issuance of an 

10 order, any’’; and 

11 (iii) by adding at the end the fol12 lowing: 

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

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

15 by a court, unless the failure or neglect to urge such objec16 tion shall be excused because of extraordinary cir17 cumstances. The findings of the Board with respect to 

18 questions of fact if supported by substantial evidence on 

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

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

21 additional evidence and shall show to the satisfaction of 

22 the court that such additional evidence is material and 

23 that there were reasonable grounds for the failure to ad24 duce such evidence in the hearing before the Board, its 

25 member, agent, or agency, the court may order such addiVerDate Sep 11 2014 04:40 May 08, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2474.IH H2474

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1 tional evidence to be taken before the Board, its member, 

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

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

4 make new findings, by reason of additional evidence so 

5 taken and filed, and it shall file such modified or new find6 ings, which findings with respect to questions of fact if 

7 supported by substantial evidence on the record considered 

8 as a whole shall be conclusive, and shall file its rec9 ommendations, if any, for the modification or setting aside 

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

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

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

13 shall be subject to review by the appropriate United States 

14 court of appeals if application was made to the district 

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

16 upon writ of certiorari or certification as provided in sec17 tion 1254 of title 28, United States Code.’’; and 

18 (E) in subsection (g), by striking ‘‘sub19 section (e) or (f) of this section’’ and inserting 

20 ‘‘subsection (d) or (f)’’. 

21 (2) CONFORMING AMENDMENT.—Section 18 of 

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

23 is amended by striking ‘‘ section 10(e) or (f)’’ and 

24 inserting ‘‘subsection (d) or (f) of section 10’’. 


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1 (g) INJUNCTIONS AGAINST UNFAIR LABOR PRAC2 TICES INVOLVING DISCHARGE OR OTHER SERIOUS ECO3 NOMIC HARM.—Section 10 of the National Labor Rela4 tions Act (29 U.S.C. 160) is amended— 

5 (1) in subsection (j)— 

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

7 ‘‘(1) The Board’’; and 

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

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

10 charged that an employer has engaged in an unfair labor 

11 practice within the meaning of paragraph (1) or (3) of 

12 section 8(a) that significantly interferes with, restrains, or 

13 coerces employees in the exercise of the rights guaranteed 

14 under section 7, or involves discharge or other serious eco15 nomic harm to an employee, the preliminary investigation 

16 of such charge shall be made forthwith and given priority 

17 over all other cases except cases of like character in the 

18 office where it is filed or to which it is referred. If, after 

19 such investigation, the officer or regional attorney to 

20 whom the matter may be referred has reasonable cause 

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

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

23 appropriate temporary relief or restraining order as set 

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

25 relief requested unless the court concludes that there is 


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1 no reasonable likelihood that the Board will succeed on 

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

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

4 (h) PENALTIES.— 

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

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

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

8 inserting the following: 

9 ‘‘SEC. 12. PENALTIES. 

10 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH

11 BOARD.—Any person’’; and 

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

13 ‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS AND

14 VOTER LIST.—If the Board, or any agent or agency des15 ignated by the Board for such purposes, determines that 

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

17 thereunder, the Board shall— 

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

19 determination; 

20 ‘‘(2) issue and cause to be served on such em21 ployer an order requiring that such employer comply 

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

23 and 

24 ‘‘(3) impose a civil penalty in an amount deter25 mined appropriate by the Board, except that in no 


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1 case shall the amount of such penalty exceed $500 

2 for each such violation. 

3 ‘‘(c) VIOLATIONS CAUSING SERIOUS ECONOMIC

4 HARM TO EMPLOYEES.— 

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

6 an unfair labor practice within the meaning of para7 graph (3) or (4) of section 8(a), or a violation of 

8 section 8(a) that results in the discharge of an em9 ployee or other serious economic harm to an em10 ployee, shall, in addition to any remedy ordered by 

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

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

13 the Board shall double the amount of such penalty, 

14 to an amount not to exceed $100,000, in any case 

15 where the employer has within the preceding five 

16 years committed another such violation. 

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

18 amount of any civil penalty under this subsection, 

19 the Board shall consider— 

20 ‘‘(A) the gravity of the unfair labor prac21 tice; 

22 ‘‘(B) the impact of the unfair labor prac23 tice on the charging party, on other persons 

24 seeking to exercise rights guaranteed by this 

25 Act, and on the public interest; and 


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

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

3 the Board determines, based on the particular facts 

4 and circumstances presented, that a director or offi5 cer’s personal liability is warranted, a civil penalty 

6 for a violation described in this subsection may also 

7 be assessed against any director or officer of the em8 ployer who directed or committed the violation, had 

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

10 had actual or constructive knowledge of and the au11 thority to prevent the violation and failed to prevent 

12 the violation. 

13 ‘‘(d) RIGHT TO CIVIL ACTION.— 

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

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

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

17 of a charge with the Board alleging an unfair labor 

18 practice, bring a civil action in the appropriate dis19 trict court of the United States against the employer 

20 within 90 days after the expiration of the 60-day pe21 riod or the date the Board notifies the person that 

22 no complaint shall issue, whichever occurs earlier, 

23 provided that the Board has not filed a petition 

24 under section 10(j) of this Act prior to the expira25 tion of the 60-day period. No relief under this subVerDate Sep 11 2014 04:40 May 08, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2474.IH H2474

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1 section shall be denied on the basis that the em2 ployee is, or was during the time of relevant employ3 ment or during the back pay period, an unauthor4 ized alien as defined in section 274A(h)(3) of the 

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

6 1324a(h)(3)) or any other provision of Federal law 

7 relating to the unlawful employment of aliens. 

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

9 action under paragraph (1) may include— 

10 ‘‘(A) back pay without any reduction, in11 cluding any reduction based on the employee’s 

12 interim earnings or failure to earn interim earn13 ings; 

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

15 ‘‘(C) consequential damages; 

16 ‘‘(D) an additional amount as liquidated 

17 damages equal to two times the cumulative 

18 amount of damages awarded under subpara19 graphs (A) through (C); 

20 ‘‘(E) in appropriate cases, punitive dam21 ages in accordance with paragraph (4); and 

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

23 706(g) of the Civil Rights Act of 1964 (42 

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

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


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

2 under this subsection, the court may allow the pre3 vailing party a reasonable attorney’s fee (including 

4 expert fees) and other reasonable costs associated 

5 with maintaining the action. 

6 ‘‘(4) PUNITIVE DAMAGES.—In awarding puni7 tive damages under paragraph (2)(E), the court 

8 shall consider— 

9 ‘‘(A) the gravity of the unfair labor prac10 tice; 

11 ‘‘(B) the impact of the unfair labor prac12 tice on the charging party, on other persons 

13 seeking to exercise rights guaranteed by this 

14 Act, and on the public interest; and 

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

16 (2) CONFORMING AMENDMENTS.—Section 

17 10(b) of the National Labor Relations Act (29 

18 U.S.C. 160(b)) is amended— 

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

20 ‘‘180 days’’; and 

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

22 inserting ‘‘the 180-day period’’. 

23 (i) LIMITATIONS.—Section 13 of the National Labor 

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

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


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1 That the duration, scope, frequency, or intermittence of 

2 any strike or strikes shall not render such strike or strikes 

3 unprotected or prohibited.’’. 

4 (j) FAIR SHARE AGREEMENTS PERMITTED.—Section 

5 14(b) of the National Labor Relations Act (29 U.S.C. 

6 164(b)) is amended by striking the period at the end and 

7 inserting the following: ‘‘: Provided, That collective bar8 gaining agreements providing that all employees in a bar9 gaining unit shall contribute fees to a labor organization 

10 for the cost of representation, collective bargaining, con11 tract enforcement, and related expenditures as a condition 

12 of employment shall be valid and enforceable notwith13 standing any State or Territorial law.’’. 

14 SEC. 5. AMENDMENTS TO THE LABOR MANAGEMENT RELA15 TIONS ACT, 1947. 

16 The Labor Management Relations Act, 1947 is 

17 amended— 

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

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

20 8(d) (which is required by clause (3) of such section 

21 8(d)), or within 10 days after the notice under 

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

23 National Labor Relations Act (which is required by 

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


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

2 Act’’; and 

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

4 SEC. 6. AMENDMENTS TO THE LABOR-MANAGEMENT RE5 PORTING AND DISCLOSURE ACT OF 1959. 

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

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

8 by striking the period at the end and inserting the fol9 lowing ‘‘: Provided, That this subsection shall not exempt 

10 from the requirements of this section any arrangement or 

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

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

13 employee meetings; train supervisors or employer rep14 resentatives to conduct meetings; coordinate or direct ac15 tivities of supervisors or employer representatives; estab16 lish or facilitate employee committees; identify employees 

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

18 or revise employer personnel policies, speeches, presen19 tations, or other written, recorded, or electronic commu20 nications to be delivered or disseminated to employees.’’. 

21 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated such sums 

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

24 Act, including any amendments made by this Act. 

Æ 


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