II 

117TH CONGRESS 

2D SESSION S. 3747 

To prohibit an employer from terminating the coverage of an employee under 

a group health plan while the employee is engaged in a lawful strike, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2022 

Mr. BROWN (for himself, Mr. CASEY, Mr. BLUMENTHAL, Mr. BOOKER, Ms. 

SMITH, Mr. VAN HOLLEN, Mr. WHITEHOUSE, Mr. WYDEN, and Mr. 

PADILLA) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To prohibit an employer from terminating the coverage of 

an employee under a group health plan while the employee is engaged in a lawful strike, 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 ‘‘Striking Workers 

5 Healthcare Protection Act’’. 


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•S 3747 IS

1 SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP 

2 HEALTH PLAN DURING A LAWFUL STRIKE. 

3 (a) IN GENERAL.—Section 8(a) of the National 

4 Labor Relations Act (29 U.S.C. 158(a)) is amended— 

5 (1) in paragraph (5), by striking the period and 

6 inserting ‘‘; and’’; and 

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

8 ‘‘(6) to terminate or significantly alter the cov9 erage of an employee under a group health plan dur10 ing the period that such employee is engaged in a 

11 lawful strike.’’. 

12 (b) DEFINITIONS.—Section 2 of the National Labor 

13 Relations Act (29 U.S.C. 152) is amended by adding at 

14 the end the following: 

15 ‘‘(15) The term ‘group health plan’ has the meaning 

16 given the term under section 607(1) of the Employee Re17 tirement Income Security Act of 1974 (29 U.S.C. 

18 1167(1)).’’. 

19 (c) PENALTIES.—Section 12 of the National Labor 

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

21 (1) by striking ‘‘SEC. 12. Any person’’ and in22 serting the following: 

23 ‘‘PENALTIES

24 ‘‘SEC. 12. 

25 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH THE

26 BOARD.—Any person’’; and 


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•S 3747 IS

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

2 ‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC3 TICES RELATED TO COVERAGE UNDER A GROUP HEALTH

4 PLAN DURING A LAWFUL STRIKE.—Any employer who 

5 commits an unfair labor practice within the meaning of 

6 section 8(a)(6) shall be subject to a civil penalty in an 

7 amount not to exceed $50,000 for each such violation, ex8 cept that, with respect to such an unfair labor practice 

9 that coincides with the discharge of an employee or that 

10 results in other serious economic harm to an employee, 

11 the Board shall double the amount of such penalty, to an 

12 amount not to exceed $100,000, in any case where the 

13 employer has within the preceding 5 years committed an14 other such violation of section 8(a)(6). A civil penalty 

15 under this subsection shall be in addition to any other 

16 remedy ordered by the Board. 

17 ‘‘(c) CONSIDERATIONS.—In determining the amount 

18 of any civil penalty under subsection (b) or (d), the Board 

19 shall consider— 

20 ‘‘(1) the gravity of the actions of the employer 

21 resulting in the penalty, including the impact of such 

22 actions on the charging party or on other persons 

23 seeking to exercise rights guaranteed by the Act; 

24 ‘‘(2) the size of the employer; 


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1 ‘‘(3) the history of previous unfair labor prac2 tices or other actions by the employer resulting in a 

3 penalty; and 

4 ‘‘(4) the public interest. 

5 ‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the 

6 Board determines, based on the particular facts and cir7 cumstances presented, that a director or officer’s personal 

8 liability is warranted, a civil penalty for a violation de9 scribed in subsection (b) may also be assessed against any 

10 director or officer of the employer who directed or com11 mitted the violation, or had actual or constructive knowl12 edge of and the authority to prevent the violation and 

13 failed to prevent the violation.’’. 

Æ 


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