IIB 

116TH CONGRESS 

2D SESSION H. R. 2474 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2020 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 to Organize Act of 2019’’. 

4 SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA5 TIONS ACT. 

6 (a) DEFINITIONS.— 

7 (1) JOINT EMPLOYER.—Section 2(2) of the Na8 tional Labor Relations Act (29 U.S.C. 152(2)) is 

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

10 or more persons shall be employers with respect to 

11 an employee if each such person codetermines or 

12 shares control over the employee’s essential terms 

13 and conditions of employment. In determining 

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

15 competent jurisdiction shall consider as relevant di16 rect control and indirect control over such terms and 

17 conditions, reserved authority to control such terms 

18 and conditions, and control over such terms and con19 ditions exercised by a person in fact: Provided, That 

20 nothing herein precludes a finding that indirect or 

21 reserved control standing alone can be sufficient 

22 given specific facts and circumstances.’’. 

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

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

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

26 performing any service shall be considered an emVerDate Sep 11 2014 22:43 Feb 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2474.RFS H2474

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1 ployee (except as provided in the previous sentence) 

2 and not an independent contractor, unless— 

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

4 direction in connection with the performance of 

5 the service, both under the contract for the per6 formance of service and in fact; 

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

8 usual course of the business of the employer; 

9 and 

10 ‘‘(C) the individual is customarily engaged 

11 in an independently established trade, occupa12 tion, profession, or business of the same nature 

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

14 (3) SUPERVISOR.—Section 2(11) of the Na15 tional Labor Relations Act (29 U.S.C. 152(11)) is 

16 amended— 

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

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

19 employer’’; 

20 (B) by striking ‘‘assign,’’; and 

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

22 them,’’. 

23 (b) REPORTS.—Section 3(c) of the National Labor 

24 Relations Act is amended— 


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

2 The Board’’; and 

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

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

5 Federal Reports Elimination and Sunset Act of 1995 

6 (Public Law 166–44; 31 U.S.C. 1113 note) shall not apply 

7 with respect to reports required under this subsection. 

8 ‘‘(3) Each report issued under this subsection shall 

9 include no less detail than reports issued by the Board 

10 prior to the termination of such reports under section 

11 3003 of the Federal Reports Elimination and Sunset Act 

12 of 1995 (Public Law 166–44; 31 U.S.C. 1113 note).’’. 

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

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

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

16 (d) UNFAIR LABOR PRACTICES.—Section 8 of the 

17 National Labor Relations Act (29 U.S.C. 158) is amend18 ed— 

19 (1) in subsection (a)— 

20 (A) in paragraph (5), by striking the pe21 riod and inserting ‘‘;’’; and 

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

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

24 ‘‘(A) to permanently replace an employee 

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1 tion 501(2) of the Labor Management Rela2 tions Act, 1947 (29 U.S.C. 142(2)); 

3 ‘‘(B) to discriminate against an employee 

4 who is working or has unconditionally offered to 

5 return to work for the employer because the 

6 employee supported or participated in such a 

7 strike; or 

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

9 withold employment from employees in order to 

10 influence the position of such employees or the 

11 representative of such employees in collective 

12 bargaining prior to a strike; and 

13 ‘‘(7) to communicate or misrepresent to an em14 ployee under section 2(3) that such employee is ex15 cluded from the definition of employee under section 

16 2(3).’’; 

17 (2) in subsection (b)— 

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

19 (B) by redesignating paragraphs (5) and 

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

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

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

23 and’’; and 

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

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


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

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

3 That it shall be an unfair labor practice under sub4 section (a)(1) for any employer to require or coerce 

5 an employee to attend or participate in such employ6 er’s campaign activities unrelated to the employee’s 

7 job duties, including activities that are subject to the 

8 requirements under section 203(b) of the Labor9 Management Reporting and Disclosure Act of 1959 

10 (29 U.S.C. 433(b)).’’; 

11 (4) in subsection (d)— 

12 (A) by redesignating paragraphs (1) 

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

14 respectively; 

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

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

17 section’’; 

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

19 wages, hours, and working conditions pending 

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

21 (D) by inserting ‘‘: Provided, That an em22 ployer’s duty to collectively bargain shall con23 tinue absent decertification of the labor organi24 zation following an election conducted pursuant 

25 to section 9’’ after ‘‘making of a concession:’’; 


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

2 where there is in effect’’; 

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

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

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

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

7 (C), and (D) of paragraph (1)’’; 

8 (H) by striking ‘‘section 8(d)(1)’’ and in9 serting ‘‘paragraph (1)(A)’’; 

10 (I) by striking ‘‘section 8(d)(3)’’ and in11 serting ‘‘paragraph (1)(C)’’ in each place it ap12 pears; 

13 (J) by striking ‘‘section 8(d)(4)’’ and in14 serting ‘‘paragraph (1)(D)’’; and 

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

16 ‘‘(3) Whenever collective bargaining is for the pur17 pose of establishing an initial collective bargaining agree18 ment following certification or recognition of a labor orga19 nization, the following shall apply: 

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

21 written request for collective bargaining from an in22 dividual or labor organization that has been newly 

23 recognized or certified as a representative as defined 

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

25 parties agree upon, the parties shall meet and comVerDate Sep 11 2014 22:43 Feb 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2474.RFS H2474

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1 mence to bargain collectively and shall make every 

2 reasonable effort to conclude and sign a collective 

3 bargaining agreement. 

4 ‘‘(B) If after the expiration of the 90-day pe5 riod beginning on the date on which bargaining is 

6 commenced, or such additional period as the parties 

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

8 agreement, either party may notify the Federal Me9 diation and Conciliation Service of the existence of 

10 a dispute and request mediation. Whenever such a 

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

12 promptly to put itself in communication with the 

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

14 conciliation, to bring them to agreement. 

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

16 beginning on the date on which the request for me17 diation is made under subparagraph (B), or such ad18 ditional period as the parties may agree upon, the 

19 Service is not able to bring the parties to agreement 

20 by conciliation, the Service shall refer the dispute to 

21 a tripartite arbitration panel established in accord22 ance with such regulations as may be prescribed by 

23 the Service, with one member selected by the labor 

24 organization, one member selected by the employer, 

25 and one neutral member mutually agreed to by the 


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1 parties. The labor organization and employer must 

2 each select the members of the tripartite arbitration 

3 panel within 14 days of the Service’s referral; if the 

4 labor organization or employer fail to do so, the 

5 Service shall designate any members not selected by 

6 the labor organization or the employer. A majority 

7 of the tripartite arbitration panel shall render a deci8 sion settling the dispute and such decision shall be 

9 binding upon the parties for a period of 2 years, un10 less amended during such period by written consent 

11 of the parties. Such decision shall be based on— 

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

13 prospects; 

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

15 operations and business; 

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

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

18 themselves, their families, and their dependents 

19 on the wages and benefits they earn from the 

20 employer; and 

21 ‘‘(v) the wages and benefits other employ22 ers in the same business provide their employ23 ees.’’; 

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 

7 dispute to which the agreement applies, an employee 

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

9 litigate, or support any kind of joint, class, or collec10 tive claim arising from or relating to the employ11 ment of such employee in any forum that, but for 

12 such agreement, 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 

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

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

22 or relating to the employment of such employee: 

23 Provided, That any agreement that violates this sub24 section or results from a violation of this subsection 

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1 vided further, That this subsection shall not apply to 

2 any agreement embodied in or expressly permitted 

3 by a contract between an employer and a labor orga4 nization.’’; 

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

6 the last sentence of section 8(d) of this Act’’ and in7 serting ‘‘subsection (d)(2)(B)’’; and 

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

9 ‘‘(h)(1) The Board shall promulgate regulations re10 quiring each employer to post and maintain, in con11 spicuous places where notices to employees and applicants 

12 for employment are customarily posted both physically and 

13 electronically, a notice setting forth the rights and protec14 tions afforded employees under this Act. The Board shall 

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

16 notice. The Board shall promulgate regulations requiring 

17 employers to notify each new employee of the information 

18 contained in the notice described in the preceding two sen19 tences. 

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

21 section 9(c) or approves an election agreement, the em22 ployer of employees in the bargaining unit shall, not later 

23 than 2 business days after the Board directs such election 

24 or approves such election agreement, provide a voter list 

25 to a labor organization that has petitioned to represent 


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1 such employees. Such voter list shall include the names 

2 of all employees in the bargaining unit and such employ3 ees’ home addresses, work locations, shifts, job classifica4 tions, and, if available to the employer, personal landline 

5 and mobile telephone numbers, and work and personal 

6 email addresses; the voter list must be provided in a 

7 searchable electronic format generally approved by the 

8 Board unless the employer certifies that the employer does 

9 not possess the capacity to produce the list in the required 

10 form. Not later than 9 months after the date of enactment 

11 of the Protecting the Right to Organize Act of 2019, the 

12 Board shall promulgate regulations implementing the re13 quirements of this paragraph. 

14 ‘‘(i) The rights of an employee under section 7 in15 clude the right to use electronic communication devices 

16 and systems (including computers, laptops, tablets, inter17 net access, email, cellular telephones, or other company 

18 equipment) of the employer of such employee to engage 

19 in activities protected under section 7 if such employer has 

20 given such employee access to such devices and systems 

21 in the course of the work of such employee, absent a com22 pelling business rationale.’’. 

23 (e) REPRESENTATIVES AND ELECTIONS.—Section 9 

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

25 amended— 


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1 (1) in subsection (c)— 

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

3 follows: 

4 ‘‘(1) Whenever a petition shall have been filed, in ac5 cordance with such regulations as may be prescribed by 

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

7 individual or labor organization acting in their behalf al8 leging that a substantial number of employees (i) wish to 

9 be represented for collective bargaining and that their em10 ployer declines to recognize their representative as the rep11 resentative defined in section 9(a), or (ii) assert that the 

12 individual or labor organization, which has been certified 

13 or is being recognized by their employer as the bargaining 

14 representative, is no longer a representative as defined in 

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

16 if it has reasonable cause to believe that a question of rep17 resentation affecting commerce exists shall provide for an 

18 appropriate hearing upon due notice. Such hearing may 

19 be conducted by an officer or employee of the regional of20 fice, who shall not make any recommendations with re21 spect thereto. If the Board finds upon the record of such 

22 hearing that such a question of representation exists, it 

23 shall direct an election by secret ballot and shall certify 

24 the results thereof. The Board shall find the labor organi25 zation’s proposed unit to be appropriate if the employees 


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1 in the proposed unit share a community of interest, and 

2 if the employees outside the unit do not share an over3 whelming community of interest with employees inside. At 

4 the request of the labor organization, the Board shall di5 rect that the election be conducted through certified mail, 

6 electronically, at the work location, or at a location other 

7 than one owned or controlled by the employer. No em8 ployer shall have standing as a party or to intervene in 

9 any representation proceeding under this section.’’; 

10 (B) in paragraph (3), by striking ‘‘an eco11 nomic strike who are not entitled to reinstate12 ment’’ and inserting ‘‘a strike’’; 

13 (C) by redesignating paragraphs (4) and 

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

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

16 following: 

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

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

19 appropriate for purposes of collective bargaining have been 

20 cast in favor of representation by the labor organization, 

21 the Board shall certify the labor organization as the rep22 resentative of the employees in such unit and shall issue 

23 an order requiring the employer of such employees to col24 lectively bargain with the labor organization in accordance 

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


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1 under section 10(c) of this Act, without need for a deter2 mination 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 

10 votes cast in a unit appropriate for purposes of collective 

11 bargaining have not been cast in favor of representation 

12 by the labor organization and the Board determines that 

13 the election should be set aside because the employer has 

14 committed a violation of this Act or otherwise interfered 

15 with a fair election, and the employer has not dem16 onstrated that the violation or other interference is un17 likely to have affected the outcome of the election, the 

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

19 labor organization as the representative of the employees 

20 in such unit and issue an order requiring the employer 

21 to bargain with the labor organization in accordance with 

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

23 1 year preceding the date of the commencement of the 

24 election and ending on the date upon which the Board 

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1 ference, a majority of the employees in the bargaining unit 

2 have signed authorizations designating the labor organiza3 tion as their collective bargaining representative. 

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

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

6 Board shall direct a new election with appropriate addi7 tional safeguards necessary to ensure a fair election proc8 ess, except in cases where the Board issues a bargaining 

9 order under 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 sub14 section shall begin not later than 8 days after a no15 tice of such hearing is served on the labor organiza16 tion and shall continue from day to day until com17 pleted; 

18 ‘‘(B) a regional director shall transmit the no19 tice of election at the same time as the direction of 

20 election, and shall transmit such notice and such di21 rection electronically (including transmission by 

22 email or facsimile) or by overnight mail if electronic 

23 transmission is unavailable; 

24 ‘‘(C) not later than 2 days after the service of 

25 the notice of hearing, the employer shall— 


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1 ‘‘(i) post the Notice of Petition for Elec2 tion in conspicuous places, including all places 

3 where notices to employees are customarily 

4 posted; 

5 ‘‘(ii) if the employer customarily commu6 nicates with employees electronically, distribute 

7 such Notice electronically; and 

8 ‘‘(iii) maintain such posting until the peti9 tion is dismissed or withdrawn or the Notice of 

10 Petition for Election is replaced by the Notice 

11 of Election; 

12 ‘‘(D) regional directors shall schedule elections 

13 for the earliest date practicable, but not later than 

14 the 20th business day after the direction of election; 

15 and 

16 ‘‘(E) a post-election hearing under this sub17 section shall begin not later than 14 days after the 

18 filing of objections, if any.’’; 

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

20 inserting ‘‘(d) or’’; and 

21 (3) by adding at the end the following new sub22 section: 

23 ‘‘(f) The Board shall dismiss any petition for an elec24 tion with respect to a bargaining unit or any subdivision 

25 if, during the preceding 12-month period, the employer 


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1 has recognized a labor organization without an election 

2 and in accordance with this Act.’’. 

3 (f) PREVENTION OF UNFAIR LABOR PRACTICES.— 

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

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

6 and inserting ‘‘suffered by such employee: Provided fur7 ther, That if the Board finds that an employer has dis8 criminated against an employee in violation of paragraph 

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

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

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

12 shall award the employee back pay without any reduction 

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

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

15 (when appropriate), consequential damages, and an addi16 tional amount as liquidated damages equal to two times 

17 the amount of damages awarded: Provided further, no re18 lief under this subsection shall be denied on the basis that 

19 the employee is, or was during the time of relevant em20 ployment or during the back pay period, an unauthorized 

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

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

23 provision of Federal law relating to the unlawful employ24 ment of aliens’’. 


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1 (g) ENFORCING COMPLIANCE WITH ORDERS OF THE

2 BOARD.— 

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

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

5 amended— 

6 (A) by striking subsection (e); 

7 (B) by redesignating subsection (d) as sub8 section (e); 

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

10 following: 

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

12 upon issuance of such order, unless otherwise directed by 

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

14 the Board or unless a court of competent jurisdiction 

15 issues a superseding order. 

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

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

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

19 which shall accrue to the United States and may be recov20 ered in a civil action brought by the Board to the district 

21 court of the United States in which the unfair labor prac22 tice or other subject of the order occurred, or in which 

23 such person or entity resides or transacts business. No ac24 tion by the Board under this paragraph may be made until 

25 30 days following the issuance of an order. Each separate 


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1 violation of such an order shall be a separate offense, ex2 cept that, in the case of a violation in which a person fails 

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

4 each day such failure or neglect continues shall be deemed 

5 a separate offense. 

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

7 notice and an opportunity to be heard regarding a civil 

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

9 order, the court determines that the order was regularly 

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

11 in disobedience of the same, the court shall enforce obedi12 ence to such order by an injunction or other proper proc13 ess, mandatory or otherwise, to— 

14 ‘‘(A) restrain such person or entity or the offi15 cers, agents, or representatives of such person or en16 tity, from further disobedience to such order; or 

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

18 agents, or representatives to obedience to the 

19 same.’’; 

20 (D) in subsection (f)— 

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

22 manner as in the case of an application by 

23 the Board under subsection (e) of this sec24 tion,’’ and inserting ‘‘proceed as provided 

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


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

2 the following: ‘‘ 

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

4 order, any’’; and 

5 (iii) by adding at the end the fol6 lowing: 

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

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

9 by a court, unless the failure or neglect to urge such objec10 tion shall be excused because of extraordinary cir11 cumstances. The findings of the Board with respect to 

12 questions of fact if supported by substantial evidence on 

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

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

15 additional evidence and shall show to the satisfaction of 

16 the court that such additional evidence is material and 

17 that there were reasonable grounds for the failure to ad18 duce such evidence in the hearing before the Board, its 

19 member, agent, or agency, the court may order such addi20 tional evidence to be taken before the Board, its member, 

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

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

23 make new findings, by reason of additional evidence so 

24 taken and filed, and it shall file such modified or new find25 ings, which findings with respect to questions of fact if 


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1 supported by substantial evidence on the record considered 

2 as a whole shall be conclusive, and shall file its rec3 ommendations, if any, for the modification or setting aside 

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

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

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

7 shall be subject to review by the appropriate United States 

8 court of appeals if application was made to the district 

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

10 upon writ of certiorari or certification as provided in sec11 tion 1254 of title 28, United States Code.’’; and 

12 (E) in subsection (g), by striking ‘‘sub13 section (e) or (f) of this section’’ and inserting 

14 ‘‘subsection (d) or (f)’’. 

15 (2) CONFORMING AMENDMENT.—Section 18 of 

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

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

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

19 (h) INJUNCTIONS AGAINST UNFAIR LABOR PRAC20 TICES INVOLVING DISCHARGE OR OTHER SERIOUS ECO21 NOMIC HARM.—Section 10 of the National Labor Rela22 tions Act (29 U.S.C. 160) is amended— 

23 (1) in subsection (j)— 

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

25 ‘‘(1) The Board’’; and 


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

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

3 charged that an employer has engaged in an unfair labor 

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

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

6 coerces employees in the exercise of the rights guaranteed 

7 under section 7, or involves discharge or other serious eco8 nomic harm to an employee, the preliminary investigation 

9 of such charge shall be made forthwith and given priority 

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

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

12 such investigation, the officer or regional attorney to 

13 whom the matter may be referred has reasonable cause 

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

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

16 appropriate temporary relief or restraining order as set 

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

18 relief requested unless the court concludes that there is 

19 no reasonable likelihood that the Board will succeed on 

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

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

22 (i) PENALTIES.— 

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

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


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

2 inserting the following: 

3 ‘‘SEC. 12. PENALTIES. 

4 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH

5 BOARD.—Any person’’; and 

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

7 ‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS AND

8 VOTER LIST.—If the Board, or any agent or agency des9 ignated by the Board for such purposes, determines that 

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

11 thereunder, the Board shall— 

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

13 determination; 

14 ‘‘(2) issue and cause to be served on such em15 ployer an order requiring that such employer comply 

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

17 and 

18 ‘‘(3) impose a civil penalty in an amount deter19 mined appropriate by the Board, except that in no 

20 case shall the amount of such penalty exceed $500 

21 for each such violation. 

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

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

24 an unfair labor practice within the meaning of sec25 tion 8(a) shall, in addition to any remedy ordered by 


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

2 not to exceed $50,000 for each violation, except 

3 that, with respect to an unfair labor practice within 

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

5 or a violation of section 8(a) that results in the dis6 charge of an employee or other serious economic 

7 harm to an employee, the Board shall double the 

8 amount of such penalty, to an amount not to exceed 

9 $100,000, in any case where the employer has with10 in the preceding 5 years committed another such 

11 violation. 

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

13 amount of any civil penalty under this subsection, 

14 the Board shall consider— 

15 ‘‘(A) the gravity of the unfair labor prac16 tice; 

17 ‘‘(B) the impact of the unfair labor prac18 tice on the charging party, on other persons 

19 seeking to exercise rights guaranteed by this 

20 Act, and on the public interest; and 

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

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

23 the Board determines, based on the particular facts 

24 and circumstances presented, that a director or offi25 cer’s personal liability is warranted, a civil penalty 


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1 for a violation described in this subsection may also 

2 be assessed against any director or officer of the em3 ployer who directed or committed the violation, had 

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

5 had actual or constructive knowledge of and the au6 thority to prevent the violation and failed to prevent 

7 the violation. 

8 ‘‘(d) RIGHT TO CIVIL ACTION.— 

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

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

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

12 of a charge with the Board alleging an unfair labor 

13 practice, bring a civil action in the appropriate dis14 trict court of the United States against the employer 

15 within 90 days after the expiration of the 60-day pe16 riod or the date the Board notifies the person that 

17 no complaint shall issue, whichever occurs earlier, 

18 provided that the Board has not filed a petition 

19 under section 10(j) of this Act prior to the expira20 tion of the 60-day period. No relief under this sub21 section shall be denied on the basis that the em22 ployee is, or was during the time of relevant employ23 ment or during the back pay period, an unauthor24 ized alien as defined in section 274A(h)(3) of the 

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


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1 1324a(h)(3)) or any other provision of Federal law 

2 relating to the unlawful employment of aliens. 

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

4 action under paragraph (1) may include— 

5 ‘‘(A) back pay without any reduction, in6 cluding any reduction based on the employee’s 

7 interim earnings or failure to earn interim earn8 ings; 

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

10 ‘‘(C) consequential damages; 

11 ‘‘(D) an additional amount as liquidated 

12 damages equal to two times the cumulative 

13 amount of damages awarded under subpara14 graphs (A) through (C); 

15 ‘‘(E) in appropriate cases, punitive dam16 ages in accordance with paragraph (4); and 

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

18 706(g) of the Civil Rights Act of 1964 (42 

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

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

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

22 under this subsection, the court may allow the pre23 vailing party a reasonable attorney’s fee (including 

24 expert fees) and other reasonable costs associated 

25 with maintaining the action. 


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1 ‘‘(4) PUNITIVE DAMAGES.—In awarding puni2 tive damages under paragraph (2)(E), the court 

3 shall consider— 

4 ‘‘(A) the gravity of the unfair labor prac5 tice; 

6 ‘‘(B) the impact of the unfair labor prac7 tice on the charging party, on other persons 

8 seeking to exercise rights guaranteed by this 

9 Act, and on the public interest; and 

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

11 (2) CONFORMING AMENDMENTS.—Section 

12 10(b) of the National Labor Relations Act (29 

13 U.S.C. 160(b)) is amended— 

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

15 ‘‘180 days’’; and 

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

17 inserting ‘‘the 180-day period’’. 

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

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

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

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

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

23 unprotected or prohibited.’’. 

24 (k) FAIR SHARE AGREEMENTS PERMITTED.—Sec25 tion 14(b) of the National Labor Relations Act (29 U.S.C. 


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1 164(b)) is amended by striking the period at the end and 

2 inserting the following: ‘‘: Provided, That collective bar3 gaining agreements providing that all employees in a bar4 gaining unit shall contribute fees to a labor organization 

5 for the cost of representation, collective bargaining, con6 tract enforcement, and related expenditures as a condition 

7 of employment shall be valid and enforceable notwith8 standing any State or Territorial law.’’. 

9 SEC. 3. CONFORMING AMENDMENTS TO THE LABOR MAN10 AGEMENT RELATIONS ACT, 1947. 

11 The Labor Management Relations Act, 1947 is 

12 amended— 

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

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

15 8(d) (which is required by clause (3) of such section 

16 8(d)), or within 10 days after the notice under 

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

18 National Labor Relations Act (which is required by 

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

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

21 Act’’; and 

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


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1 SEC. 4. AMENDMENTS TO THE LABOR-MANAGEMENT RE2 PORTING AND DISCLOSURE ACT OF 1959. 

3 (a) IN GENERAL.—Section 203(c) of the Labor-Man4 agement Reporting and Disclosure Act of 1959 (29 U.S.C. 

5 433(c)) is amended by striking the period at the end and 

6 inserting the following ‘‘: Provided, That this subsection 

7 shall not exempt from the requirements of this section any 

8 arrangement or part of an arrangement in which a party 

9 agrees, for an object described in subsection (b)(1), to plan 

10 or conduct employee meetings; train supervisors or em11 ployer representatives to conduct meetings; coordinate or 

12 direct activities of supervisors or employer representatives; 

13 establish or facilitate employee committees; identify em14 ployees for disciplinary action, reward, or other targeting; 

15 or draft or revise employer personnel policies, speeches, 

16 presentations, or other written, recorded, or electronic 

17 communications to be delivered or disseminated to employ18 ees.’’. 

19 (b) WHISTLEBLOWER PROTECTIONS.—The Labor20 Management Reporting and Disclosure Act of 1959 (29 

21 U.S.C. 401 et seq.) is further amended— 

22 (1) by redesignating section 611 (29 U.S.C. 

23 531) as section 612; and 

24 (2) by inserting after section 610 (29 U.S.C. 

25 530), the following new section: 


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1 ‘‘WHISTLEBLOWER PROTECTIONS

2 ‘‘SEC. 611. (a) IN GENERAL.—No employer or labor 

3 organization shall terminate or in any other way discrimi4 nate against, or cause to be terminated or discriminated 

5 against, any applicant, covered employee, or former cov6 ered employee, of the employer or the labor organization 

7 by reason of the fact that such applicant, covered em8 ployee, or former covered employee does, or the employer 

9 or labor organization perceives the employee to do, any 

10 of the following: 

11 ‘‘(1) Provide, cause to be provided, or is about 

12 to provide or cause to be provided, information to 

13 the labor organization, the Department of Labor, or 

14 any other State, local, or Federal Government au15 thority or law enforcement agency relating to any 

16 violation of, or any act or omission that such em17 ployee reasonably believes to be a violation of, any 

18 provision of this Act. 

19 ‘‘(2) Testify or plan to testify or otherwise par20 ticipate in any proceeding resulting from the admin21 istration or enforcement of any provision of this Act. 

22 ‘‘(3) File, institute, or cause to be filed or insti23 tuted, any proceeding under this Act. 

24 ‘‘(4) Assist in any activity described in para25 graphs (1) through (3). 


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1 ‘‘(5) Object to, or refuse to participate in, any 

2 activity, policy, practice, or assigned task that such 

3 covered employee reasonably believes to be in viola4 tion of any provision of this Act. 

5 ‘‘(b) DEFINITION OF COVERED EMPLOYEE.—For the 

6 purposes of this section, the term ‘covered employee’ 

7 means any employee or agent of an employer or labor or8 ganization, including any person with management re9 sponsibilities on behalf of the employer or labor organiza10 tion. 

11 ‘‘(c) PROCEDURES AND TIMETABLES.— 

12 ‘‘(1) COMPLAINT.— 

13 ‘‘(A) IN GENERAL.—An applicant, covered 

14 employee, or former covered employee who be15 lieves that he or she has been terminated or in 

16 any other way discriminated against by any 

17 person in violation of subsection (a) may file (or 

18 have any person file on his or her behalf) a 

19 complaint with the Secretary of Labor alleging 

20 such violation. Such a complaint must be filed 

21 not later than either— 

22 ‘‘(i) 180 days after the date on which 

23 such alleged violation occurs; or 

24 ‘‘(ii) 180 days after the date upon 

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1 sonably have known that such alleged vio2 lation in subsection (a) occurred. 

3 ‘‘(B) ACTIONS OF SECRETARY OF

4 LABOR.—Upon receipt of such a complaint, the 

5 Secretary of Labor shall notify, in writing, the 

6 person named in the complaint who is alleged 

7 to have committed the violation, of— 

8 ‘‘(i) the filing of the complaint; 

9 ‘‘(ii) the allegations contained in the 

10 complaint; 

11 ‘‘(iii) the substance of evidence sup12 porting the complaint; and 

13 ‘‘(iv) opportunities that will be af14 forded to such person under paragraph 

15 (2). 

16 ‘‘(2) INVESTIGATION BY SECRETARY OF

17 LABOR.— 

18 ‘‘(A) IN GENERAL.—Not later than 60 

19 days after the date of receipt of a complaint 

20 filed under paragraph (1), and after affording 

21 the complainant and the person named in the 

22 complaint who is alleged to have committed the 

23 violation that is the basis for the complaint an 

24 opportunity to submit to the Secretary of Labor 

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1 portunity to meet with a representative of the 

2 Secretary of Labor to present statements from 

3 witnesses, the Secretary of Labor shall— 

4 ‘‘(i) initiate an investigation and de5 termine whether there is reasonable cause 

6 to believe that the complaint has merit; 

7 and 

8 ‘‘(ii) notify the complainant and the 

9 person alleged to have committed the viola10 tion of subsection (a), in writing, of such 

11 determination. 

12 ‘‘(B) GROUNDS FOR DETERMINATION OF

13 COMPLAINTS.—The Secretary of Labor shall 

14 dismiss a complaint filed under this subsection, 

15 and shall not conduct an investigation otherwise 

16 required under paragraph (2), unless the com17 plainant makes a prima facie showing that any 

18 behavior described in paragraphs (1) through 

19 (5) of subsection (a) was a contributing factor 

20 in the unfavorable personnel action alleged in 

21 the complaint. 

22 ‘‘(3) BURDENS OF PROOF.— 

23 ‘‘(A) CRITERIA FOR DETERMINATION.—In 

24 making a determination or adjudicating a com25 plaint pursuant to this subsection, the SecVerDate Sep 11 2014 22:43 Feb 10, 2020 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2474.RFS H2474

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1 retary, an administrative law judge or a court 

2 may determine that a violation of subsection (a) 

3 has occurred only if the complainant dem4 onstrates that any conduct described in sub5 section (a) with respect to the complainant was 

6 a contributing factor in the adverse action al7 leged in the complaint. 

8 ‘‘(B) PROHIBITION.—Notwithstanding sub9 paragraph (A), a decision or order that is favor10 able to the complainant shall not be issued in 

11 any administrative or judicial action pursuant 

12 to this subsection if the respondent dem13 onstrates by clear and convincing evidence that 

14 the respondent would have taken the same ad15 verse action in the absence of such conduct. 

16 ‘‘(C) NOTICE OF RELIEF AVAILABLE.—If 

17 the Secretary of Labor concludes that there is 

18 reasonable cause to believe that a violation of 

19 subsection (a) has occurred, the Secretary of 

20 Labor shall, together with the notice under sub21 paragraph (A)(ii), issue a preliminary order 

22 providing the relief prescribed by paragraph 

23 (4)(B). 

24 ‘‘(D) REQUEST FOR HEARING.—Not later 

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1 cation of a determination of the Secretary of 

2 Labor under this paragraph, either the person 

3 alleged to have committed the violation or the 

4 complainant may file objections to the findings 

5 or preliminary order, or both, and request a 

6 hearing on the record. The filing of such objec7 tions shall not operate to stay any reinstate8 ment remedy contained in the preliminary 

9 order. Any such hearing shall be conducted ex10 peditiously, and if a hearing is not requested in 

11 such 30-day period, the preliminary order shall 

12 be deemed a final order that is not subject to 

13 judicial review. 

14 ‘‘(E) PROCEDURES.— 

15 ‘‘(i) IN GENERAL.—A hearing re16 quested under this paragraph shall be con17 ducted expeditiously and in accordance 

18 with rules established by the Secretary for 

19 hearings conducted by administrative law 

20 judges. 

21 ‘‘(ii) SUBPOENAS; PRODUCTION OF

22 EVIDENCE.—In conducting any such hear23 ing, the administrative law judge may issue 

24 subpoenas. The respondent or complainant 

25 may request the issuance of subpoenas 


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1 that require the deposition of, or the at2 tendance and testimony of, witnesses and 

3 the production of any evidence (including 

4 any books, papers, documents, or record5 ings) relating to the matter under consid6 eration. 

7 ‘‘(4) ISSUANCE OF FINAL ORDERS; REVIEW

8 PROCEDURES.— 

9 ‘‘(A) TIMING.—Not later than 120 days 

10 after the date of conclusion of any hearing 

11 under paragraph (2), the Secretary of Labor 

12 shall issue a final order providing the relief pre13 scribed by this paragraph or denying the com14 plaint. At any time before issuance of a final 

15 order, a proceeding under this subsection may 

16 be terminated on the basis of a settlement 

17 agreement entered into by the Secretary of 

18 Labor, the complainant, and the person alleged 

19 to have committed the violation. 

20 ‘‘(B) AVAILABLE RELIEF.— 

21 ‘‘(i) ORDER OF SECRETARY OF

22 LABOR.—If, in response to a complaint 

23 filed under paragraph (1), the Secretary of 

24 Labor determines that a violation of sub25 section (a) has occurred, the Secretary of 


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1 Labor shall order the person who com2 mitted such violation— 

3 ‘‘(I) to take affirmative action to 

4 abate the violation; 

5 ‘‘(II) to reinstate the complain6 ant to his or her former position, to7 gether with compensation (including 

8 back pay with interest) and restore 

9 the terms, conditions, and privileges 

10 associated with his or her employ11 ment; 

12 ‘‘(III) to provide compensatory 

13 damages to the complainant; and 

14 ‘‘(IV) expungement of all warn15 ings, reprimands, or derogatory ref16 erences that have been placed in 

17 paper or electronic records or data18 bases of any type relating to the ac19 tions by the complainant that gave 

20 rise to the unfavorable personnel ac21 tion, and, at the complainant’s direc22 tion, transmission of a copy of the de23 cision on the complaint to any person 

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1 lieves may have received such unfavor2 able information. 

3 ‘‘(ii) COSTS AND EXPENSES.—If an 

4 order is issued under clause (i), the Sec5 retary of Labor, at the request of the com6 plainant, shall assess against the person 

7 against whom the order is issued, a sum 

8 equal to the aggregate amount of all costs 

9 and expenses (including attorney fees and 

10 expert witness fees) reasonably incurred, 

11 as determined by the Secretary of Labor, 

12 by the complainant for, or in connection 

13 with, the bringing of the complaint upon 

14 which the order was issued. 

15 ‘‘(C) FRIVOLOUS CLAIMS.—If the Sec16 retary of Labor finds that a complaint under 

17 paragraph (1) is frivolous or has been brought 

18 in bad faith, the Secretary of Labor may award 

19 to the prevailing employer or labor organization 

20 a reasonable attorney fee, not exceeding $1,000, 

21 to be paid by the complainant. 

22 ‘‘(D) DE NOVO REVIEW.— 

23 ‘‘(i) FAILURE OF THE SECRETARY TO

24 ACT.—If the Secretary of Labor has not 

25 issued a final order within 270 days after 


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1 the date of filing of a complaint under this 

2 subsection, or within 90 days after the 

3 date of receipt of a written determination, 

4 the complainant may bring an action at 

5 law or equity for de novo review in the ap6 propriate district court of the United 

7 States having jurisdiction, which shall have 

8 jurisdiction over such an action without re9 gard to the amount in controversy, and 

10 which action shall, at the request of either 

11 party to such action, be tried by the court 

12 with a jury. 

13 ‘‘(ii) PROCEDURES.—A proceeding 

14 under clause (i) shall be governed by the 

15 same legal burdens of proof specified in 

16 paragraph (3). The court shall have juris17 diction to grant all relief necessary to 

18 make the employee whole, including injunc19 tive relief and compensatory damages, in20 cluding— 

21 ‘‘(I) reinstatement with the same 

22 seniority status that the employee 

23 would have had, but for the discharge 

24 or discrimination; 


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1 ‘‘(II) the amount of back pay, 

2 with interest; 

3 ‘‘(III) compensation for any spe4 cial damages sustained as a result of 

5 the discharge or discrimination, in6 cluding litigation costs, expert witness 

7 fees, and reasonable attorney fees; 

8 and 

9 ‘‘(IV) expungement of all warn10 ings, reprimands, or derogatory ref11 erences that have been placed in 

12 paper or electronic records or data13 bases of any type relating to the ac14 tions by the complainant that gave 

15 rise to the unfavorable personnel ac16 tion, and, at the complainant’s direc17 tion, transmission of a copy of the de18 cision on the complaint to any person 

19 whom the complainant reasonably be20 lieves may have received such unfavor21 able information. 

22 ‘‘(E) OTHER APPEALS.—Unless the com23 plainant brings an action under subparagraph 

24 (D), any person adversely affected or aggrieved 

25 by a final order issued under subparagraph (A) 


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1 may file a petition for review of the order in the 

2 United States Court of Appeals for the circuit 

3 in which the violation with respect to which the 

4 order was issued, allegedly occurred or the cir5 cuit in which the complainant resided on the 

6 date of such violation, not later than 60 days 

7 after the date of the issuance of the final order 

8 of the Secretary of Labor under subparagraph 

9 (A). Review shall conform to chapter 7 of title 

10 5, United States Code. The commencement of 

11 proceedings under this subparagraph shall not, 

12 unless ordered by the court, operate as a stay 

13 of the order. An order of the Secretary of 

14 Labor with respect to which review could have 

15 been obtained under this subparagraph shall 

16 not be subject to judicial review in any criminal 

17 or other civil proceeding. 

18 ‘‘(5) FAILURE TO COMPLY WITH ORDER.— 

19 ‘‘(A) ACTIONS BY THE SECRETARY.—If 

20 any person has failed to comply with a final 

21 order issued under paragraph (4), the Secretary 

22 of Labor may file a civil action in the United 

23 States district court for the district in which 

24 the violation was found to have occurred, or in 

25 the United States district court for the District 


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1 of Columbia, to enforce such order. In actions 

2 brought under this paragraph, the district 

3 courts shall have jurisdiction to grant all appro4 priate relief including injunctive relief, compen5 satory and punitive damages. 

6 ‘‘(B) CIVIL ACTIONS TO COMPEL COMPLI7 ANCE.—A person on whose behalf an order was 

8 issued under paragraph (4) may commence a 

9 civil action against the person to whom such 

10 order was issued to require compliance with 

11 such order. The appropriate United States dis12 trict court shall have jurisdiction, without re13 gard to the amount in controversy or the citi14 zenship of the parties, to enforce such order. 

15 ‘‘(C) AWARD OF COSTS AUTHORIZED.— 

16 The court, in issuing any final order under this 

17 paragraph, may award costs of litigation (in18 cluding reasonable attorney and expert witness 

19 fees) to any party, whenever the court deter20 mines such award is appropriate. 

21 ‘‘(D) MANDAMUS PROCEEDINGS.—Any 

22 nondiscretionary duty imposed by this section 

23 shall be enforceable in a mandamus proceeding 

24 brought under section 1361 of title 28, United 

25 States Code. 


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1 ‘‘(d) UNENFORCEABILITY OF CERTAIN AGREE2 MENTS.—Notwithstanding any other provision of law, the 

3 rights and remedies provided for in this section may not 

4 be waived by any agreement, policy, form, or condition of 

5 employment, including by any predispute arbitration 

6 agreement. 

7 ‘‘(e) SAVINGS.—Nothing in this subsection shall be 

8 construed to diminish the rights, privileges, or remedies 

9 of any employee who exercises rights under any Federal 

10 or State law or common law, or under any collective bar11 gaining agreement.’’. 

12 SEC. 5. RULE OF CONSTRUCTION. 

13 The amendments made under this Act shall not be 

14 construed to amend section 274A of the Immigration and 

15 Nationality Act (8 U.S.C. 1324a). 

16 SEC. 6. GAO REPORT ON SECTORAL BARGAINING. 

17 (a) IN GENERAL.—Not later than 2 years after the 

18 date of enactment of this Act, the Comptroller General, 

19 in consultation with the persons described in subsection 

20 (b), shall prepare and submit to the Committee on Edu21 cation and Labor of the House of Representatives and the 

22 Committee on Health, Education, Labor, and Pensions of 

23 the Senate a report, that— 

24 (1) identifies and analyzes the laws, policies, 

25 and procedures in countries outside the United 


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1 States governing collective bargaining at the level of 

2 an industry sector, including the laws, policies, and 

3 procedures involved in— 

4 (A) the administrative system facilitating 

5 such bargaining; 

6 (B) how collective bargaining agreements 

7 are rendered binding on all firms in an industry 

8 sector; 

9 (C) defining an industry sector; 

10 (D) the relationship between collective bar11 gaining at the level of an individual employer or 

12 group of employers and at the level of an indus13 try sector; 

14 (E) the designation of representatives for 

15 collective bargaining at the level of an industry 

16 sector; 

17 (F) the scope of collective bargaining and 

18 impasses at the level of an industry sector; and 

19 (G) the provision or administration of ben20 efits by labor organizations (such as unemploy21 ment insurance), or union security at the firm 

22 level or the level of an industry sector, to cover 

23 the costs of collective bargaining at the level of 

24 an industry sector; 


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1 (2) conducts a comparative analysis of the laws, 

2 policies, and procedures specified in paragraph (1) 

3 that have been enacted in countries outside the 

4 United States; 

5 (3) to the extent practicable, identifies the ef6 fects of such laws, policies, and procedures on— 

7 (A) the wages and compensation of em8 ployees; 

9 (B) the number of employees, 

10 disaggregated by full-time and part-time em11 ployees; 

12 (C) prices, sales, and revenues; 

13 (D) employee turnover and retention; 

14 (E) hiring and training costs; 

15 (F) productivity and absenteeism; and 

16 (G) the development of emerging indus17 tries, including those that engage their 

18 workforces through technology; and 

19 (4) describes the methodology used to generate 

20 the information in the report. 

21 (b) EXPERT CONSULTATION.—The persons described 

22 in this subsection are— 

23 (1) workers and the labor organizations rep24 resenting such workers; 

25 (2) representatives of businesses; 


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1 (3) the National Labor Relations Board; 

2 (4) the International Labor Organization; and 

3 (5) the International Labor Affairs Bureau of 

4 the Department of Labor. 

5 (c) CONGRESSIONAL ASSESSMENT AND REC6 OMMENDATIONS.—Not later than 60 days after the date 

7 on which the report is submitted under subsection (a), the 

8 Committee on Education and Labor of the House of Rep9 resentatives and the Committee on Health, Education, 

10 Labor, and Pensions of the Senate shall— 

11 (1) assess the findings of such report; and 

12 (2) make recommendations with respect to ac13 tions of Congress to address the findings of such re14 port. 

15 SEC. 7. RULE OF CONSTRUCTION. 

16 The amendments made under this Act shall not be 

17 construed to affect the definitions of ‘‘employer’’ or ‘‘em18 ployee’’ under the laws of any State that govern the wages, 

19 work hours, workers’ compensation, or unemployment in20 surance of employees. 

21 SEC. 8. RULE OF CONSTRUCTION. 

22 The amendments made under this Act shall not be 

23 construed to affect the privacy of employees with respect 

24 to voter lists provided to labor organizations by employers 

25 pursuant to elections directed by the Board. 


pamtmann on DSKBC07HB2PROD with BILLS
48 

HR 2474 RFS

1 SEC. 9. RULE OF CONSTRUCTION. 

2 The amendments made by this Act shall not be con3 strued to affect the jurisdictional standards of the Na4 tional Labor Relations Board, including any standards 

5 that measure the size of a business with respect to reve6 nues, that are used to determine whether an industry is 

7 affecting commerce for purposes of determining coverage 

8 under the National Labor Relations Act (29 U.S.C. 151 

9 et seq.). 

10 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

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

13 Act, including any amendments made by this Act. 

Passed the House of Representatives February 6, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


pamtmann on DSKBC07HB2PROD with BILLS