II 

117TH CONGRESS 

1ST SESSION S. 420 

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 SENATE OF THE UNITED STATES 

FEBRUARY 24, 2021 

Mrs. MURRAY (for herself, Mr. SCHUMER, Mr. BLUMENTHAL, Ms. 

DUCKWORTH, Mr. BOOKER, Ms. WARREN, Mr. WYDEN, Mrs. GILLIBRAND, Ms. CANTWELL, Mr. MURPHY, Ms. HASSAN, Mr. CASEY, Mr. 

CARDIN, Mr. MERKLEY, Mr. WHITEHOUSE, Mr. REED, Mr. DURBIN, Mr. 

KAINE, Ms. KLOBUCHAR, Mr. BROWN, Mr. LUJA ́N, Mr. MENENDEZ, Ms. 

BALDWIN, Mr. SANDERS, Ms. CORTEZ MASTO, Mr. VAN HOLLEN, Mr. 

MARKEY, Mr. HEINRICH, Ms. HIRONO, Mr. SCHATZ, Ms. SMITH, Mr. 

LEAHY, Mr. CARPER, Mr. BENNET, Ms. STABENOW, Mr. COONS, Ms. 

ROSEN, Mr. TESTER, Mr. PETERS, Mr. PADILLA, Mrs. SHAHEEN, Mrs. 

FEINSTEIN, Mr. OSSOFF, Mr. WARNOCK, and Mr. HICKENLOOPER) 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, 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, 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 420 IS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Protecting the Right to Organize Act of 2021’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AMENDMENTS TO THE NATIONAL LABOR RELATIONS 

ACT 

Sec. 101. Definitions. 

Sec. 102. Reports. 

Sec. 103. Appointment. 

Sec. 104. Unfair labor practices. 

Sec. 105. Representatives and elections. 

Sec. 106. Damages for unfair labor practices. 

Sec. 107. Enforcing compliance with orders of the board. 

Sec. 108. Injunctions against unfair labor practices involving discharge or other 

serious economic harm. 

Sec. 109. Penalties. 

Sec. 110. Limitations on the right to strike. 

Sec. 111. Fair share agreements permitted. 

TITLE II—AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947 AND THE LABOR-MANAGEMENT REPORTING 

AND DISCLOSURE ACT OF 1959 

Sec. 201. Conforming amendments to the Labor Management Relations Act, 

1947. 

Sec. 202. Amendments to the Labor-Management Reporting and Disclosure Act 

of 1959. 

TITLE III—OTHER MATTERS 

Sec. 301. Severability. 

Sec. 302. Authorization of appropriations. 

6 TITLE I—AMENDMENTS TO THE 

7 NATIONAL LABOR RELATIONS 

8 ACT 

9 SEC. 101. DEFINITIONS. 

10 (a) JOINT EMPLOYER.—Section 2(2) of the National 

11 Labor Relations Act (29 U.S.C. 152(2)) is amended by 

12 adding at the end the following: ‘‘Two or more persons 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 420 IS

1 shall be employers with respect to an employee if each 

2 such person codetermines or shares control over the em3 ployee’s essential terms and conditions of employment. In 

4 determining whether such control exists, the Board or a 

5 court of competent jurisdiction shall consider as relevant 

6 direct control and indirect control over such terms and 

7 conditions, reserved authority to control such terms and 

8 conditions, and control over such terms and conditions ex9 ercised by a person in fact: Provided, That nothing herein 

10 precludes a finding that indirect or reserved control stand11 ing alone can be sufficient given specific facts and cir12 cumstances.’’. 

13 (b) EMPLOYEE.—Section 2(3) of the National Labor 

14 Relations Act (29 U.S.C. 152(3)) is amended by adding 

15 at the end the following: ‘‘An individual performing any 

16 service shall be considered an employee (except as pro17 vided in the previous sentence) and not an independent 

18 contractor, unless— 

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

20 direction in connection with the performance of 

21 the service, both under the contract for the per22 formance of service and in fact; 

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

24 usual course of the business of the employer; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 420 IS

1 ‘‘(C) the individual is customarily engaged 

2 in an independently established trade, occupa3 tion, profession, or business of the same nature 

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

5 (c) SUPERVISOR.—Section 2(11) of the National 

6 Labor Relations Act (29 U.S.C. 152(11)) is amended— 

7 (1) by inserting ‘‘and for a majority of the indi8 vidual’s worktime’’ after ‘‘interest of the employer’’; 

9 (2) by striking ‘‘assign,’’; and 

10 (3) by striking ‘‘or responsibly to direct them,’’. 

11 SEC. 102. REPORTS. 

12 Section 3(c) of the National Labor Relations Act is 

13 amended— 

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

15 The Board’’; and 

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

17 ‘‘(2) Effective January 1, 2023, section 3003 of the 

18 Federal Reports Elimination and Sunset Act of 1995 

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

20 with respect to reports required under this subsection. 

21 ‘‘(3) Each report issued under this subsection shall— 

22 ‘‘(A) include no less detail than reports issued by the 

23 Board prior to the termination of such reports under sec24 tion 3003 of the Federal Reports Elimination and Sunset 

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


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 420 IS

1 ‘‘(B) list each case in which the Designated Agency 

2 Ethics Official provided advice regarding whether a Mem3 ber should be recused from participating in a case or rule4 making; and 

5 ‘‘(C) list each case in which the Designated Agency 

6 Ethics Official determined that a Member should be 

7 recused from participating in a case or rulemaking.’’. 

8 SEC. 103. APPOINTMENT. 

9 Section 4(a) of the National Labor Relations Act (29 

10 U.S.C. 154(a)) is amended by striking ‘‘, or for economic 

11 analysis’’. 

12 SEC. 104. UNFAIR LABOR PRACTICES. 

13 Section 8 of the National Labor Relations Act (29 

14 U.S.C. 158) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (5), by striking the pe17 riod and inserting ‘‘;’’; and 

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

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

20 ‘‘(A) to permanently replace an employee 

21 who participates in a strike as defined by sec22 tion 501(2) of the Labor Management Rela23 tions Act, 1947 (29 U.S.C. 142(2)); 

24 ‘‘(B) to discriminate against an employee 

25 who is working or has unconditionally offered to 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 420 IS

1 return to work for the employer because the 

2 employee supported or participated in such a 

3 strike; or 

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

5 withold employment from employees in order to 

6 influence the position of such employees or the 

7 representative of such employees in collective 

8 bargaining prior to a strike; and 

9 ‘‘(7) to communicate or misrepresent to an em10 ployee under section 2(3) that such employee is ex11 cluded from the definition of employee under section 

12 2(3).’’; 

13 (2) in subsection (b)— 

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

15 (B) by redesignating paragraphs (5) and 

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

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

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

19 and’’; and 

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

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

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

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

24 That it shall be an unfair labor practice under sub25 section (a)(1) for any employer to require or coerce 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 420 IS

1 an employee to attend or participate in such employ2 er’s campaign activities unrelated to the employee’s 

3 job duties, including activities that are subject to the 

4 requirements under section 203(b) of the Labor5 Management Reporting and Disclosure Act of 1959 

6 (29 U.S.C. 433(b)).’’; 

7 (4) in subsection (d)— 

8 (A) by redesignating paragraphs (1) 

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

10 respectively; 

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

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

13 section’’; 

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

15 wages, hours, and terms and conditions of em16 ployment pending an agreement’’ after ‘‘arising 

17 thereunder’’; 

18 (D) by inserting ‘‘: Provided, That an em19 ployer’s duty to collectively bargain shall con20 tinue absent decertification of the labor organi21 zation following an election conducted pursuant 

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

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

24 where there is in effect’’; 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 420 IS

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

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

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

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

5 (C), and (D) of paragraph (1)’’; 

6 (H) by striking ‘‘section 8(d)(1)’’ and in7 serting ‘‘paragraph (1)(A)’’; 

8 (I) by striking ‘‘section 8(d)(3)’’ and in9 serting ‘‘paragraph (1)(C)’’ in each place it ap10 pears; 

11 (J) by striking ‘‘section 8(d)(4)’’ and in12 serting ‘‘paragraph (1)(D)’’; and 

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

14 ‘‘(3) Whenever collective bargaining is for the pur15 pose of establishing an initial collective bargaining agree16 ment following certification or recognition of a labor orga17 nization, the following shall apply: 

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

19 written request for collective bargaining from an in20 dividual or labor organization that has been newly 

21 recognized or certified as a representative as defined 

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

23 parties agree upon, the parties shall meet and com24 mence to bargain collectively and shall make every 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 420 IS

1 reasonable effort to conclude and sign a collective 

2 bargaining agreement. 

3 ‘‘(B) If after the expiration of the 90-day pe4 riod beginning on the date on which bargaining is 

5 commenced, or such additional period as the parties 

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

7 agreement, either party may notify the Federal Me8 diation and Conciliation Service of the existence of 

9 a dispute and request mediation. Whenever such a 

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

11 promptly to put itself in communication with the 

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

13 conciliation, to bring them to agreement. 

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

15 beginning on the date on which the request for me16 diation is made under subparagraph (B), or such ad17 ditional period as the parties may agree upon, the 

18 Service is not able to bring the parties to agreement 

19 by conciliation, the Service shall refer the dispute to 

20 a tripartite arbitration panel established in accord21 ance with such regulations as may be prescribed by 

22 the Service, with one member selected by the labor 

23 organization, one member selected by the employer, 

24 and one neutral member mutually agreed to by the 

25 parties. The labor organization and employer must 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 420 IS

1 each select the members of the tripartite arbitration 

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

3 labor organization or employer fail to do so, the 

4 Service shall designate any members not selected by 

5 the labor organization or the employer. A majority 

6 of the tripartite arbitration panel shall render a deci7 sion settling the dispute and such decision shall be 

8 binding upon the parties for a period of 2 years, un9 less amended during such period by written consent 

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

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

12 prospects; 

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

14 operations and business; 

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

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

17 themselves, their families, and their dependents 

18 on the wages and benefits they earn from the 

19 employer; and 

20 ‘‘(v) the wages and benefits other employ21 ers in the same business provide their employ22 ees.’’; 

23 (5) by amending subsection (e) to read as fol24 lows: 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 420 IS

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 

25 shall be to such extent unenforceable and void: ProVerDate Sep 11 2014 23:55 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S420.IS S420

kjohnson on DSK79L0C42PROD with BILLS
12 

•S 420 IS

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 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 420 IS

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 2021, 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 for denying or limiting such 

23 use.’’. 


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 420 IS

1 SEC. 105. REPRESENTATIVES AND ELECTIONS. 

2 Section 9 of the National Labor Relations Act (29 

3 U.S.C. 159) is amended— 

4 (1) in subsection (c)— 

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

6 follows: 

7 ‘‘(1) Whenever a petition shall have been filed, in ac8 cordance with such regulations as may be prescribed by 

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

10 individual or labor organization acting in their behalf al11 leging that a substantial number of employees (i) wish to 

12 be represented for collective bargaining and that their em13 ployer declines to recognize their representative as the rep14 resentative defined in section 9(a), or (ii) assert that the 

15 individual or labor organization, which has been certified 

16 or is being recognized by their employer as the bargaining 

17 representative, is no longer a representative as defined in 

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

19 if it has reasonable cause to believe that a question of rep20 resentation affecting commerce exists shall provide for an 

21 appropriate hearing upon due notice. Such hearing may 

22 be conducted by an officer or employee of the regional of23 fice, who shall not make any recommendations with re24 spect thereto. If the Board finds upon the record of such 

25 hearing that such a question of representation exists, it 

26 shall direct an election by secret ballot and shall certify 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 420 IS

1 the results thereof. The Board shall find the labor organi2 zation’s proposed unit to be appropriate if the employees 

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

4 if the employees outside the unit do not share an over5 whelming community of interest with employees inside. At 

6 the request of the labor organization, the Board shall di7 rect that the election be conducted through certified mail, 

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

9 than one owned or controlled by the employer. No em10 ployer shall have standing as a party or to intervene in 

11 any representation proceeding under this section.’’; 

12 (B) in paragraph (3), by striking ‘‘an eco13 nomic strike who are not entitled to reinstate14 ment’’ and inserting ‘‘a strike’’; 

15 (C) by redesignating paragraphs (4) and 

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

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

18 following: 

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

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

21 appropriate for purposes of collective bargaining have been 

22 cast in favor of representation by the labor organization, 

23 the Board shall certify the labor organization as the rep24 resentative of the employees in such unit and shall issue 

25 an order requiring the employer of such employees to colVerDate Sep 11 2014 23:55 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S420.IS S420

kjohnson on DSK79L0C42PROD with BILLS
16 

•S 420 IS

1 lectively bargain with the labor organization in accordance 

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

3 under section 10(c) of this Act, without need for a deter4 mination of an unfair labor practice. 

5 ‘‘(5)(A) 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 not 

8 been cast in favor of representation by the labor organiza9 tion, the Board shall certify the results of the election, 

10 subject to subparagraphs (B) and (C). 

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

12 votes cast in a unit appropriate for purposes of collective 

13 bargaining have not been cast in favor of representation 

14 by the labor organization and the Board determines, fol15 lowing a post-election hearing, that the employer has com16 mitted a violation of this Act or otherwise interfered with 

17 a fair election, and the employer has not demonstrated 

18 that the violation or other interference is unlikely to have 

19 affected the outcome of the election, the Board shall, with20 out ordering a new election, set aside the election and cer21 tify the labor organization as the representative of the em22 ployees in such unit and issue an order requiring the em23 ployer to bargain with the labor organization in accord24 ance with section 8(d) if, at any time during the period 

25 beginning 1 year preceding the date of the commencement 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 420 IS

1 of the election and ending on the date upon which the 

2 Board makes the determination of a violation or other in3 terference, a majority of the employees in the bargaining 

4 unit have signed authorizations designating the labor or5 ganization as their collective bargaining representative. 

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

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

8 Board shall direct a new election with appropriate addi9 tional safeguards necessary to ensure a fair election proc10 ess, except in cases where the Board issues a bargaining 

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

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

13 redesignated, the following: 

14 ‘‘(8) Except under extraordinary circumstances— 

15 ‘‘(A) a pre-election hearing under this sub16 section shall begin not later than 8 days after a no17 tice of such hearing is served on the labor organiza18 tion and shall continue from day to day until com19 pleted; 

20 ‘‘(B) a regional director shall transmit the no21 tice of election at the same time as the direction of 

22 election, and shall transmit such notice and such di23 rection electronically (including transmission by 

24 email or facsimile) or by overnight mail if electronic 

25 transmission is unavailable; 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 420 IS

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

2 the notice of hearing, the employer shall— 

3 ‘‘(i) post the Notice of Petition for Elec4 tion in conspicuous places, including all places 

5 where notices to employees are customarily 

6 posted; 

7 ‘‘(ii) if the employer customarily commu8 nicates with employees electronically, distribute 

9 such Notice electronically; and 

10 ‘‘(iii) maintain such posting until the peti11 tion is dismissed or withdrawn or the Notice of 

12 Petition for Election is replaced by the Notice 

13 of Election; 

14 ‘‘(D) regional directors shall schedule elections 

15 for the earliest date practicable, but not later than 

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

17 and 

18 ‘‘(E) a post-election hearing under this sub19 section shall begin not later than 14 days after the 

20 filing of objections, if any.’’; 

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

22 inserting ‘‘(d) or’’; and 

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

24 ‘‘(f) The Board shall dismiss any petition for an elec25 tion with respect to a bargaining unit or any subdivision 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 420 IS

1 if, during the 12-month period ending on the date on 

2 which the petition is filed— 

3 ‘‘(1) the employer has recognized a labor orga4 nization without an election and in accordance with 

5 this Act; 

6 ‘‘(2) the labor organization and employer en7 gaged in their first bargaining session following the 

8 issuance of a bargaining order by the Board; or 

9 ‘‘(3) the labor organization and successor em10 ployer engaged in their first bargaining session fol11 lowing a succession. 

12 ‘‘(g) The Board shall dismiss any petition for an elec13 tion with respect to a bargaining unit or any subdivision 

14 if there is in effect a lawful written collective bargaining 

15 agreement between the employer and an exclusive rep16 resentative covering any employees in the unit specified 

17 in the petition, unless the petition is filed— 

18 ‘‘(1) on or after the date that is 3 years after 

19 the date on which the collective bargaining agree20 ment took effect; or 

21 ‘‘(2) during the 30-day period beginning on the 

22 date that is 90 days before the date that is 3 years 

23 after the date on which the collective bargaining 

24 agreement took effect. 


kjohnson on DSK79L0C42PROD with BILLS
20 

•S 420 IS

1 ‘‘(h) The Board shall suspend the processing of any 

2 petition for an election with respect to a bargaining unit 

3 or any subdivision if a labor organization files an unfair 

4 labor practice charge alleging a violation of section 8(a) 

5 and requesting the suspension of a pending petition until 

6 the unlawful conduct, if any, is remedied or the charge 

7 is dismissed unless the Board determines that employees 

8 can, under the circumstances, exercise free choice in an 

9 election despite the unlawful conduct alleged in the 

10 charge.’’. 

11 SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 

12 Section 10(c) of the National Labor Relations Act 

13 (29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 

14 him’’ and inserting ‘‘suffered by such employee: Provided 

15 further, That if the Board finds that an employer has dis16 criminated against an employee in violation of paragraph 

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

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

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

20 shall award the employee back pay without any reduction 

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

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

23 (when appropriate), consequential damages, and an addi24 tional amount as liquidated damages equal to two times 

25 the amount of damages awarded: Provided further, no reVerDate Sep 11 2014 23:55 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S420.IS S420

kjohnson on DSK79L0C42PROD with BILLS
21 

•S 420 IS

1 lief under this subsection shall be denied on the basis that 

2 the employee is, or was during the time of relevant em3 ployment or during the back pay period, an unauthorized 

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

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

6 provision of Federal law relating to the unlawful employ7 ment of aliens’’. 

8 SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 

9 BOARD. 

10 (a) IN GENERAL.—Section 10 of the National Labor 

11 Relations Act (29 U.S.C. 160) is further amended— 

12 (1) by striking subsection (e); 

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

15 (3) by inserting after subsection (c) the fol16 lowing: 

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 United States and may be recovVerDate Sep 11 2014 23:55 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S420.IS S420

kjohnson on DSK79L0C42PROD with BILLS
22 

•S 420 IS

1 ered in a civil action brought by the Board to the district 

2 court of the United States in which the unfair labor prac3 tice or other subject of the order occurred, or in which 

4 such person or entity resides or transacts business. No ac5 tion 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.’’; 


kjohnson on DSK79L0C42PROD with BILLS
23 

•S 420 IS

1 (4) in subsection (f)— 

2 (A) by striking ‘‘proceed in the same man3 ner as in the case of an application by the 

4 Board under subsection (e) of this section,’’ and 

5 inserting ‘‘proceed as provided under paragraph 

6 (2) of this subsection’’; 

7 (B) by striking ‘‘Any’’ and inserting the 

8 following: ‘‘ 

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

10 order, any’’; and 

11 (C) by adding at the end the following: 

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

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

14 by a court, unless the failure or neglect to urge such objec15 tion shall be excused because of extraordinary cir16 cumstances. The findings of the Board with respect to 

17 questions of fact if supported by substantial evidence on 

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

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

20 additional evidence and shall show to the satisfaction of 

21 the court that such additional evidence is material and 

22 that there were reasonable grounds for the failure to ad23 duce such evidence in the hearing before the Board, its 

24 member, agent, or agency, the court may order such addi25 tional evidence to be taken before the Board, its member, 


kjohnson on DSK79L0C42PROD with BILLS
24 

•S 420 IS

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

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

3 make new findings, by reason of additional evidence so 

4 taken and filed, and it shall file such modified or new find5 ings, which findings with respect to questions of fact if 

6 supported by substantial evidence on the record considered 

7 as a whole shall be conclusive, and shall file its rec8 ommendations, if any, for the modification or setting aside 

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

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

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

12 shall be subject to review by the appropriate United States 

13 court of appeals if application was made to the district 

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

15 upon writ of certiorari or certification as provided in sec16 tion 1254 of title 28, United States Code.’’; and 

17 (5) in subsection (g), by striking ‘‘subsection 

18 (e) or (f) of this section’’ and inserting ‘‘subsection 

19 (d) or (f)’’. 

20 (b) CONFORMING AMENDMENT.—Section 18 of the 

21 National Labor Relations Act (29 U.S.C. 168) is amended 

22 by striking ‘‘ section 10(e) or (f)’’ and inserting ‘‘sub23 section (d) or (f) of section 10’’. 


kjohnson on DSK79L0C42PROD with BILLS
25 

•S 420 IS

1 SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC2 TICES INVOLVING DISCHARGE OR OTHER SE3 RIOUS ECONOMIC HARM. 

4 Section 10 of the National Labor Relations Act (29 

5 U.S.C. 160) is amended— 

6 (1) in subsection (j)— 

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

8 ‘‘(1) The Board’’; and 

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

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

11 charged that an employer has engaged in an unfair labor 

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

13 of section 8(a) that significantly interferes with, restrains, 

14 or coerces employees in the exercise of the rights guaran15 teed under section 7, or involves discharge or other serious 

16 economic harm to an employee, the preliminary investiga17 tion of such charge shall be made forthwith and given pri18 ority over all other cases except cases of like character 

19 in the office where it is filed or to which it is referred. 

20 If, after such investigation, the officer or regional attorney 

21 to whom the matter may be referred has reasonable cause 

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

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

24 appropriate temporary relief or restraining order as set 

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

26 relief requested unless the court concludes that there is 


kjohnson on DSK79L0C42PROD with BILLS
26 

•S 420 IS

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 SEC. 109. PENALTIES. 

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

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

7 (1) by striking ‘‘SEC. 12. Any person’’ and in8 serting the following: 

9 ‘‘SEC. 12. PENALTIES. 

10 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH

11 BOARD.—Any person’’; and 

12 (2) 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 


kjohnson on DSK79L0C42PROD with BILLS
27 

•S 420 IS

1 case shall the amount of such penalty exceed $500 

2 for each such violation. 

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

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

5 an unfair labor practice within the meaning of sec6 tion 8(a) shall, in addition to any remedy ordered by 

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

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

9 that, with respect to an unfair labor practice within 

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

11 or a violation of section 8(a) that results in the dis12 charge of an employee or other serious economic 

13 harm to an employee, the Board shall double the 

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

15 $100,000, in any case where the employer has with16 in the preceding 5 years committed another such 

17 violation. 

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

19 amount of any civil penalty under this subsection, 

20 the Board shall consider— 

21 ‘‘(A) the gravity of the unfair labor prac22 tice; 

23 ‘‘(B) the impact of the unfair labor prac24 tice on the charging party, on other persons 


kjohnson on DSK79L0C42PROD with BILLS
28 

•S 420 IS

1 seeking to exercise rights guaranteed by this 

2 Act, and on the public interest; and 

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

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

5 the Board determines, based on the particular facts 

6 and circumstances presented, that a director or offi7 cer’s personal liability is warranted, a civil penalty 

8 for a violation described in this subsection may also 

9 be assessed against any director or officer of the em10 ployer who directed or committed the violation, had 

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

12 had actual or constructive knowledge of and the au13 thority to prevent the violation and failed to prevent 

14 the violation. 

15 ‘‘(d) RIGHT TO CIVIL ACTION.— 

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

17 by reason of a violation of paragraph (1), (3), or (4) 

18 of section 8(a) may, after 60 days following the fil19 ing of a charge with the Board alleging an unfair 

20 labor practice, bring a civil action in the appropriate 

21 district court of the United States against the em22 ployer within 90 days after the expiration of the 60- 

23 day period or the date the Board notifies the person 

24 that no complaint shall issue, whichever occurs ear25 lier, provided that the Board has not filed a petition 


kjohnson on DSK79L0C42PROD with BILLS
29 

•S 420 IS

1 under section 10(j) of this Act prior to the expira2 tion of the 60-day period. No relief under this sub3 section shall be denied on the basis that the em4 ployee is, or was during the time of relevant employ5 ment or during the back pay period, an unauthor6 ized alien as defined in section 274A(h)(3) of the 

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

8 1324a(h)(3)) or any other provision of Federal law 

9 relating to the unlawful employment of aliens. 

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

11 action under paragraph (1) may include— 

12 ‘‘(A) back pay without any reduction, in13 cluding any reduction based on the employee’s 

14 interim earnings or failure to earn interim earn15 ings; 

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

17 ‘‘(C) consequential damages; 

18 ‘‘(D) an additional amount as liquidated 

19 damages equal to two times the cumulative 

20 amount of damages awarded under subpara21 graphs (A) through (C); 

22 ‘‘(E) in appropriate cases, punitive dam23 ages in accordance with paragraph (4); and 

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

25 706(g) of the Civil Rights Act of 1964 (42 


kjohnson on DSK79L0C42PROD with BILLS
30 

•S 420 IS

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

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

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

4 under this subsection, the court may allow the pre5 vailing party a reasonable attorney’s fee (including 

6 expert fees) and other reasonable costs associated 

7 with maintaining the action. 

8 ‘‘(4) PUNITIVE DAMAGES.—In awarding puni9 tive damages under paragraph (2)(E), the court 

10 shall consider— 

11 ‘‘(A) the gravity of the unfair labor prac12 tice; 

13 ‘‘(B) the impact of the unfair labor prac14 tice on the charging party, on other persons 

15 seeking to exercise rights guaranteed by this 

16 Act, and on the public interest; and 

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

18 (b) CONFORMING AMENDMENTS.—Section 10(b) of 

19 the National Labor Relations Act (29 U.S.C. 160(b)) is 

20 amended— 

21 (1) by striking ‘‘six months’’ and inserting 

22 ‘‘180 days’’; and 

23 (2) by striking ‘‘the six-month period’’ and in24 serting ‘‘the 180-day period’’. 


kjohnson on DSK79L0C42PROD with BILLS
31 

•S 420 IS

1 SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. 

2 Section 13 of the National Labor Relations Act (29 

3 U.S.C. 163) is amended by striking the period at the end 

4 and inserting the following: ‘‘: Provided, That the dura5 tion, scope, frequency, or intermittence of any strike or 

6 strikes shall not render such strike or strikes unprotected 

7 or prohibited.’’. 

8 SEC. 111. FAIR SHARE AGREEMENTS PERMITTED. 

9 Section 14(b) of the National Labor Relations Act 

10 (29 U.S.C. 164(b)) is amended by striking the period at 

11 the end and inserting the following: ‘‘: Provided, That col12 lective bargaining agreements providing that all employees 

13 in a bargaining unit shall contribute fees to a labor organi14 zation for the cost of representation, collective bargaining, 

15 contract enforcement, and related expenditures as a condi16 tion of employment shall be valid and enforceable notwith17 standing any State or Territorial law.’’. 


kjohnson on DSK79L0C42PROD with BILLS
32 

•S 420 IS

1 TITLE II—AMENDMENTS TO THE 

2 LABOR MANAGEMENT RELA3 TIONS ACT, 1947 AND THE 

4 LABOR-MANAGEMENT RE5 PORTING AND DISCLOSURE 

6 ACT OF 1959 

7 SEC. 201. CONFORMING AMENDMENTS TO THE LABOR MAN8 AGEMENT RELATIONS ACT, 1947. 

9 The Labor Management Relations Act, 1947 is 

10 amended— 

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

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

13 8(d) (which is required by clause (3) of such section 

14 8(d)), or within 10 days after the notice under 

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

16 National Labor Relations Act (which is required by 

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

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

19 Act’’; and 

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

21 SEC. 202. AMENDMENTS TO THE LABOR-MANAGEMENT RE22 PORTING AND DISCLOSURE ACT OF 1959. 

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

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

25 by striking the period at the end and inserting the folVerDate Sep 11 2014 23:55 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S420.IS S420

kjohnson on DSK79L0C42PROD with BILLS
33 

•S 420 IS

1 lowing ‘‘: Provided, That this subsection shall not exempt 

2 from the requirements of this section any arrangement or 

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

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

5 employee meetings; train supervisors or employer rep6 resentatives to conduct meetings; coordinate or direct ac7 tivities of supervisors or employer representatives; estab8 lish or facilitate employee committees; identify employees 

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

10 or revise employer personnel policies, speeches, presen11 tations, or other written, recorded, or electronic commu12 nications to be delivered or disseminated to employees.’’. 

13 TITLE III—OTHER MATTERS 

14 SEC. 301. SEVERABILITY. 

15 If any provision of this Act or the application thereof 

16 to any person or circumstance is held invalid, the remain17 der of this Act, or the application of that provision to per18 sons or circumstances other than those as to which it is 

19 held invalid, is not affected thereby. 

20 SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

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

23 Act and the amendments made by this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS