II 

117TH CONGRESS 

2D SESSION S. 3912 

To amend the National Labor Relations Act and the Labor Management 

Relations Act, 1947 to deter labor slowdowns and prohibit labor organizations from blocking modernization efforts at ports of the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 24, 2022 

Mr. RISCH (for himself, Mr. CRAPO, and Mr. SCOTT of Florida) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To amend the National Labor Relations Act and the Labor 

Management Relations Act, 1947 to deter labor slowdowns and prohibit labor organizations from blocking 

modernization efforts at ports of the United States, 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 ‘‘Preventing Labor 

5 Union Slowdowns Act of 2022’’ or the ‘‘PLUS Act of 

6 2022’’. 


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1 SEC. 2. DETERRING LABOR SLOWDOWNS AND PROHIBITING 

2 LABOR ORGANIZATIONS FROM BLOCKING 

3 MODERNIZATION AT PORTS. 

4 (a) AMENDMENTS TO THE NATIONAL LABOR RELA5 TIONS ACT.— 

6 (1) FINDINGS AND POLICY.—Section 1 of the 

7 National Labor Relations Act (29 U.S.C. 151) is 

8 amended by adding at the end the following: 

9 ‘‘International trade is one of the most important 

10 components of the economy of the United States and will 

11 likely continue to grow in the future. In order to remain 

12 competitive in an increasingly competitive global economy, 

13 it is essential that the United States possess a highly effi14 cient and reliable public and private transportation net15 work. The ports of the United States are an increasingly 

16 important part of such transportation network. Experi17 ence has demonstrated that frequent and periodic disrup18 tions to commerce in the maritime industry in the form 

19 of deliberate and unprotected labor slowdowns, or impedi20 ments to modernization, at the ports of the United States 

21 have led to substantial supply chain and economic disrup22 tions, interfering with the free flow of domestic and inter23 national commerce and threatening the economic health 

24 of the United States, as well as its citizens and businesses. 

25 Such frequent and periodic disruptions to commerce in the 

26 maritime industry hurt the reputation of the United 


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1 States in the global economy, cause the ports of the 

2 United States to lose business, and represent a serious 

3 and burgeoning threat to the financial health and eco4 nomic stability of the United States. It is hereby declared 

5 to be the policy of the United States to eliminate the 

6 causes and mitigate the effects of such disruptions to com7 merce in the maritime industry and to provide effective 

8 and prompt remedies to individuals injured by such dis9 ruptions.’’. 

10 (2) DETERRING LABOR SLOWDOWNS AT

11 PORTS.—The National Labor Relations Act is 

12 amended— 

13 (A) in section 2 (29 U.S.C. 152), by add14 ing at the end the following: 

15 ‘‘(15) The term ‘employee engaged in maritime 

16 employment’ has the meaning given the term ‘em17 ployee’ in section 2(3) of the Longshore and Harbor 

18 Workers’ Compensation Act (33 U.S.C. 902(3)). 

19 ‘‘(16) The term ‘labor slowdown’— 

20 ‘‘(A) includes any intentional effort by em21 ployees to reduce productivity or efficiency in 

22 the performance of any duty of such employees; 

23 and 

24 ‘‘(B) does not include any such effort re25 quired by the good faith belief of such employVerDate Sep 11 2014 02:52 Mar 25, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 ees that an abnormally dangerous condition ex2 ists at the place of employment of such employ3 ees.’’; and 

4 (B) in section 8(b) (29 U.S.C. 158(b))— 

5 (i) in paragraph (6), by striking 

6 ‘‘and’’ after the semicolon; 

7 (ii) in paragraph (7), by striking the 

8 period at the end of the matter following 

9 subparagraph (C) and inserting a semi10 colon; and 

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

13 ‘‘(8) in representing, or seeking to represent, 

14 employees engaged in maritime employment, to en15 gage in a labor slowdown at any time, including 

16 when a collective-bargaining agreement is in effect; 

17 and’’. 

18 (3) PROHIBITING LABOR ORGANIZATIONS FROM

19 BLOCKING MODERNIZATION AT PORTS.—Section 

20 8(b) of the National Labor Relations Act (29 U.S.C. 

21 158(b)), as amended by paragraph (2)(B), is further 

22 amended by adding at the end the following: 

23 ‘‘(9) in representing, or seeking to represent, 

24 employees engaged in maritime employment, to— 


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1 ‘‘(A) impede or attempt to impede mod2 ernization efforts at a port, which thereby inter3 feres with or otherwise impedes economic activ4 ity in relation to the national supply chain; or 

5 ‘‘(B) interfere with or otherwise impede 

6 the servicing of any automated vessel operating 

7 without a crew.’’. 

8 (4) PREVENTING UNFAIR LABOR PRACTICES.— 

9 Section 10(l) of the National Labor Relations Act 

10 (29 U.S.C. 160(l)) is amended in the first sentence, 

11 by striking ‘‘or section 8(b)(7)’’ and inserting ‘‘or 

12 paragraph (7), (8), or (9) of section 8(b)’’. 

13 (b) AMENDMENTS TO THE LABOR MANAGEMENT RE14 LATIONS ACT, 1947.—Section 303 of the Labor Manage15 ment Relations Act, 1947 (29 U.S.C. 187) is amended— 

16 (1) in subsection (a), by striking ‘‘in section 

17 8(b)(4)’’ and inserting ‘‘under paragraph (4), (8), or 

18 (9) of section 8(b)’’; 

19 (2) in subsection (b), by adding at the end the 

20 following: ‘‘With respect to any unfair labor practice 

21 under paragraph (8) or (9) of section 8(b) of the 

22 National Labor Relations Act (29 U.S.C. 158(b)), 

23 the damages recovered shall be in an amount equal 

24 to 2 times the amount of damages sustained and the 


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1 cost of the suit shall include any reasonable attorney 

2 fees and expert witness fees.’’; and 

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

4 ‘‘(c) In an action for damages resulting from a viola5 tion of section 8(b)(8) of the National Labor Relations 

6 Act (29 U.S.C. 158(b)(8)), it shall not be a defense that 

7 the injured party has, in any manner, waived, or pur8 ported to waive, the right of such party to pursue mone9 tary damages relating to the labor slowdown at issue— 

10 ‘‘(1) in connection with a contractual grievance 

11 alleging a violation of a clause prohibiting a strike, 

12 or a similar clause, in a collective-bargaining agree13 ment; or 

14 ‘‘(2) in connection with an action for a breach 

15 of such a clause under section 301.’’. 

Æ 


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