I 

113TH CONGRESS 

1ST SESSION H. R. 3637 

To amend the Labor-Management Reporting and Disclosure Act of 1959 

to provide whistleblower protection for union employees. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2013 

Mr. SALMON (for himself, Mr. DESJARLAIS, Mr. BISHOP of Utah, Mr. 

HUELSKAMP, Mr. JORDAN, Mr. BENTIVOLIO, Mr. BROOKS of Alabama, 

Mr. FLEMING, Mr. CRAMER, Mr. SCHWEIKERT, Mr. KING of Iowa, Mr. 

PERRY, Mrs. BACHMANN, Mr. GOHMERT, Mr. LAMALFA, Mr. PRICE of 

Georgia, and Mr. GOSAR) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Labor-Management Reporting and Disclosure 

Act of 1959 to provide whistleblower protection for union 

employees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. WHISTLEBLOWER PROTECTION FOR UNION 

4 EMPLOYEES. 

5 The Labor-Management Reporting and Disclosure 

6 Act of 1959 (29 U.S.C. 401 et seq.) is amended— 

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

8 531) as section 612; and 


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

2 530), the following new section: 

3 ‘‘WHISTLEBLOWER PROTECTION FOR UNION EMPLOYEES

4 ‘‘SEC. 611. (a) IN GENERAL.—No labor organization 

5 shall terminate or in any other way discriminate against, 

6 or cause to be terminated or discriminated against, any 

7 covered employee of the labor organization by reason of 

8 the fact that such employee, whether at the initiative of 

9 the employee or in the ordinary course of the duties of 

10 the employee (or any person acting pursuant to a request 

11 of the employee), has— 

12 ‘‘(1) provided, caused to be provided, or is 

13 about to provide or cause to be provided, informa14 tion to the labor organization, the Department of 

15 Labor, or any other State, local, or Federal govern16 ment authority or law enforcement agency relating 

17 to any violation of, or any act or omission that the 

18 employee reasonably believes to be a violation of, any 

19 provision of this Act or any other provision of law 

20 that is subject to the jurisdiction of the Department 

21 of Labor, the National Labor Relations Board, or 

22 any rule, order, standard, or prohibition prescribed 

23 by the Department of Labor or the National Labor 

24 Relations Board; 

25 ‘‘(2) testified or will testify in any proceeding 

26 resulting from the administration or enforcement of 


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1 any provision of this Act or any other provision of 

2 law that is subject to the jurisdiction of the Depart3 ment of Labor or National Labor Relations Board, 

4 or any rule, order, standard, or prohibition pre5 scribed by the Department of Labor or the National 

6 Labor Relations Board; 

7 ‘‘(3) filed, instituted, or caused to be filed or in8 stituted any proceeding under this Act; or 

9 ‘‘(4) objected to, or refused to participate in, 

10 any activity, policy, practice, or assigned task that 

11 the employee (or other such person) reasonably be12 lieved to be in violation of any law, rule, order, 

13 standard, or prohibition, subject to the jurisdiction 

14 of, or enforceable by, the Department of Labor or 

15 the National Labor Relations Board. 

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

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

18 means any employee of a labor organization who receives 

19 financial compensation for his or her services to the labor 

20 organization, including officers of the labor organization. 

21 ‘‘(c) PROCEDURES AND TIMETABLES.— 

22 ‘‘(1) COMPLAINT.— 

23 ‘‘(A) IN GENERAL.—A person who believes 

24 that he or she has been discharged or otherwise 

25 discriminated against by any person in violation 


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1 of subsection (a) may file (or have any person 

2 file on his or her behalf) a complaint with the 

3 Secretary of Labor alleging such discharge or 

4 discrimination and identifying the person re5 sponsible for such act. Such a complaint must 

6 be filed not later than either— 

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

8 such alleged violation occurs; or 

9 ‘‘(ii) 180 days after the conclusion of 

10 any internal appeals, review, or other judi11 cial or investigative process conducted by 

12 the labor organization employing such per13 son. 

14 ‘‘(B) ACTIONS OF SECRETARY OF

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

16 Secretary of Labor shall notify, in writing, the 

17 person named in the complaint who is alleged 

18 to have committed the violation, of— 

19 ‘‘(i) the filing of the complaint; 

20 ‘‘(ii) the allegations contained in the 

21 complaint; 

22 ‘‘(iii) the substance of evidence sup23 porting the complaint; and 


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1 ‘‘(iv) opportunities that will be af2 forded to such person under paragraph 

3 (2). 

4 ‘‘(2) INVESTIGATION BY SECRETARY OF

5 LABOR.— 

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

7 days after the date of receipt of a complaint 

8 filed under paragraph (1), and after affording 

9 the complainant and the person named in the 

10 complaint who is alleged to have committed the 

11 violation that is the basis for the complaint an 

12 opportunity to submit to the Secretary of Labor 

13 a written response to the complaint and an op14 portunity to meet with a representative of the 

15 Secretary of Labor to present statements from 

16 witnesses, the Secretary of Labor shall— 

17 ‘‘(i) initiate an investigation and de18 termine whether there is reasonable cause 

19 to believe that the complaint has merit; 

20 and 

21 ‘‘(ii) notify the complainant and the 

22 person alleged to have committed the viola23 tion of subsection (a), in writing, of such 

24 determination. 


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1 ‘‘(B) NOTICE OF RELIEF AVAILABLE.—If 

2 the Secretary of Labor concludes that there is 

3 reasonable cause to believe that a violation of 

4 subsection (a) has occurred, the Secretary of 

5 Labor shall, together with the notice under sub6 paragraph (A)(ii), issue a preliminary order 

7 providing the relief prescribed by paragraph 

8 (4)(B). 

9 ‘‘(C) REQUEST FOR HEARING.—Not later 

10 than 30 days after the date of receipt of notifi11 cation of a determination of the Secretary of 

12 Labor under this paragraph, either the person 

13 alleged to have committed the violation or the 

14 complainant may file objections to the findings 

15 or preliminary order, or both, and request a 

16 hearing on the record. The filing of such objec17 tions shall not operate to stay any reinstate18 ment remedy contained in the preliminary 

19 order. Any such hearing shall be conducted ex20 peditiously, and if a hearing is not requested in 

21 such 30-day period, the preliminary order shall 

22 be deemed a final order that is not subject to 

23 judicial review. 

24 ‘‘(3) GROUNDS FOR DETERMINATION OF COM25 PLAINTS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary of 

2 Labor shall dismiss a complaint filed under this 

3 subsection, and shall not conduct an investiga4 tion otherwise required under paragraph (2), 

5 unless the complainant makes a prima facie 

6 showing that any behavior described in para7 graphs (1) through (4) of subsection (a) was a 

8 contributing factor in the unfavorable personnel 

9 action alleged in the complaint. 

10 ‘‘(B) REBUTTAL EVIDENCE.—Notwith11 standing a finding by the Secretary of Labor 

12 that the complainant has made the showing re13 quired under subparagraph (A), no investiga14 tion otherwise required under paragraph (2) 

15 shall be conducted, if the labor organization 

16 demonstrates, by clear and convincing evidence, 

17 that the labor organization would have taken 

18 the same unfavorable personnel action in the 

19 absence of that behavior. 

20 ‘‘(C) EVIDENTIARY STANDARDS.—The 

21 Secretary of Labor may determine that a viola22 tion of subsection (a) has occurred only if the 

23 complainant demonstrates that any behavior de24 scribed in paragraphs (1) through (4) of sub25 section (a) was a contributing factor in the unVerDate Mar 15 2010 02:49 Dec 04, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3637.IH H3637

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1 favorable personnel action alleged in the com2 plaint. Relief may not be ordered under sub3 paragraph (A) if the labor organization dem4 onstrates by clear and convincing evidence that 

5 the labor organization would have taken the 

6 same unfavorable personnel action in the ab7 sence of that behavior. 

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

9 PROCEDURES.— 

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

11 after the date of conclusion of any hearing 

12 under paragraph (2), the Secretary of Labor 

13 shall issue a final order providing the relief pre14 scribed by this paragraph or denying the com15 plaint. At any time before issuance of a final 

16 order, a proceeding under this subsection may 

17 be terminated on the basis of a settlement 

18 agreement entered into by the Secretary of 

19 Labor, the complainant, and the person alleged 

20 to have committed the violation. 

21 ‘‘(B) PENALTIES.— 

22 ‘‘(i) ORDER OF SECRETARY OF

23 LABOR.—If, in response to a complaint 

24 filed under paragraph (1), the Secretary of 

25 Labor determines that a violation of subVerDate Mar 15 2010 02:49 Dec 04, 2013 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3637.IH H3637

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1 section (a) has occurred, the Secretary of 

2 Labor shall order the person who com3 mitted such violation— 

4 ‘‘(I) to take affirmative action to 

5 abate the violation; 

6 ‘‘(II) to reinstate the complain7 ant to his or her former position, to8 gether with compensation (including 

9 back pay) and restore the terms, con10 ditions, and privileges associated with 

11 his or her employment; and 

12 ‘‘(III) to provide compensatory 

13 damages to the complainant. 

14 ‘‘(ii) PENALTY.—If an order is issued 

15 under clause (i), the Secretary of Labor, at 

16 the request of the complainant, shall assess 

17 against the person against whom the order 

18 is issued, a sum equal to the aggregate 

19 amount of all costs and expenses (includ20 ing attorney fees and expert witness fees) 

21 reasonably incurred, as determined by the 

22 Secretary of Labor, by the complainant 

23 for, or in connection with, the bringing of 

24 the complaint upon which the order was 

25 issued. 


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1 ‘‘(C) PENALTY FOR FRIVOLOUS CLAIMS.— 

2 If the Secretary of Labor finds that a complaint 

3 under paragraph (1) is frivolous or has been 

4 brought in bad faith, the Secretary of Labor 

5 may award to the prevailing labor organization 

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

7 to be paid by the complainant. 

8 ‘‘(D) DE NOVO REVIEW.— 

9 ‘‘(i) FAILURE OF THE SECRETARY TO

10 ACT.—If the Secretary of Labor has not 

11 issued a final order within 210 days after 

12 the date of filing of a complaint under this 

13 subsection, or within 90 days after the 

14 date of receipt of a written determination, 

15 the complainant may bring an action at 

16 law or equity for de novo review in the ap17 propriate district court of the United 

18 States having jurisdiction, which shall have 

19 jurisdiction over such an action without re20 gard to the amount in controversy, and 

21 which action shall, at the request of either 

22 party to such action, be tried by the court 

23 with a jury. 

24 ‘‘(ii) PROCEDURES.—A proceeding 

25 under clause (i) shall be governed by the 


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1 same legal burdens of proof specified in 

2 paragraph (3). The court shall have juris3 diction to grant all relief necessary to 

4 make the employee whole, including injunc5 tive relief and compensatory damages, in6 cluding— 

7 ‘‘(I) reinstatement with the same 

8 seniority status that the employee 

9 would have had, but for the discharge 

10 or discrimination; 

11 ‘‘(II) the amount of back pay, 

12 with interest; and 

13 ‘‘(III) compensation for any spe14 cial damages sustained as a result of 

15 the discharge or discrimination, in16 cluding litigation costs, expert witness 

17 fees, and reasonable attorney fees. 

18 ‘‘(E) OTHER APPEALS.—Unless the com19 plainant brings an action under subparagraph 

20 (D), any person adversely affected or aggrieved 

21 by a final order issued under subparagraph (A) 

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

23 United States Court of Appeals for the circuit 

24 in which the violation with respect to which the 

25 order was issued, allegedly occurred or the cirVerDate Mar 15 2010 02:49 Dec 04, 2013 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3637.IH H3637

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1 cuit in which the complainant resided on the 

2 date of such violation, not later than 60 days 

3 after the date of the issuance of the final order 

4 of the Secretary of Labor under subparagraph 

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

6 5, United States Code. The commencement of 

7 proceedings under this subparagraph shall not, 

8 unless ordered by the court, operate as a stay 

9 of the order. An order of the Secretary of 

10 Labor with respect to which review could have 

11 been obtained under this subparagraph shall 

12 not be subject to judicial review in any criminal 

13 or other civil proceeding. 

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

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

16 any person has failed to comply with a final 

17 order issued under paragraph (4), the Secretary 

18 of Labor may file a civil action in the United 

19 States district court for the district in which 

20 the violation was found to have occurred, or in 

21 the United States district court for the District 

22 of Columbia, to enforce such order. In actions 

23 brought under this paragraph, the district 

24 courts shall have jurisdiction to grant all approVerDate Mar 15 2010 02:49 Dec 04, 2013 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3637.IH H3637

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1 priate relief including injunctive relief and com2 pensatory damages. 

3 ‘‘(B) CIVIL ACTIONS TO COMPEL COMPLI4 ANCE.—A person on whose behalf an order was 

5 issued under paragraph (4) may commence a 

6 civil action against the person to whom such 

7 order was issued to require compliance with 

8 such order. The appropriate United States dis9 trict court shall have jurisdiction, without re10 gard to the amount in controversy or the citi11 zenship of the parties, to enforce such order. 

12 ‘‘(C) AWARD OF COSTS AUTHORIZED.— 

13 The court, in issuing any final order under this 

14 paragraph, may award costs of litigation (in15 cluding reasonable attorney and expert witness 

16 fees) to any party, whenever the court deter17 mines such award is appropriate. 

18 ‘‘(D) MANDAMUS PROCEEDINGS.—Any 

19 nondiscretionary duty imposed by this section 

20 shall be enforceable in a mandamus proceeding 

21 brought under section 1361 of title 28, United 

22 States Code. 

23 ‘‘(d) LIMITATION OF PREEMPTION.—Nothing in this 

24 Act shall be construed— 


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1 ‘‘(1) to limit the ability of members of a labor 

2 organization to remove their elected or appointed of3 ficials through a democratic election conducted 

4 among such members; or 

5 ‘‘(2) to preempt a State or local government 

6 from providing additional protections to employees 

7 of labor organizations who allege violations of sub8 section (a), provided that such protections do not 

9 limit the ability of members of a labor organization 

10 to remove their elected or appointed officials through 

11 a democratic ballot. 

12 ‘‘(e) UNENFORCEABILITY OF CERTAIN AGREE13 MENTS.— 

14 ‘‘(1) NO WAIVER OF RIGHTS AND REMEDIES.— 

15 Notwithstanding any other provision of law, the 

16 rights and remedies provided for in this section may 

17 not be waived by any agreement, policy, form, or 

18 condition of employment, including by any 

19 predispute arbitration agreement. 

20 ‘‘(2) NO PREDISPUTE ARBITRATION AGREE21 MENTS.—Notwithstanding any other provision of 

22 law, no predispute arbitration agreement shall be 

23 valid or enforceable to the extent that it requires ar24 bitration of a dispute arising under this section.’’. 

Æ 


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