II 

117TH CONGRESS 

2D SESSION S. 4289 

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

a group health plan while the employer is engaged in a lock-out, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2022 

Mr. BROWN (for himself, Mr. CASEY, Mr. BLUMENTHAL, Mr. WHITEHOUSE, 

Mr. WYDEN, and Mr. BOOKER) 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 employer is engaged in a lock-out, 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 ‘‘Locked Out Workers 

5 Healthcare Protection Act’’. 


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•S 4289 IS

1 SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP 

2 HEALTH PLAN DURING A LOCK-OUT. 

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 alter the coverage of an 

9 employee under a group health plan during the pe10 riod that such employer is taking action to lock-out, 

11 suspend, or otherwise withhold employment from the 

12 employee in order to influence the position of such 

13 employee or the representative of such employee in 

14 collective bargaining prior to a strike.’’. 

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

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

17 the end the following: 

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

19 given the term under section 607(1) of the Employee Re20 tirement Income Security Act of 1974 (29 U.S.C. 

21 1167(1)).’’. 

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

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

24 (1) by striking ‘‘SEC. 12. Any person’’ and in25 serting the following: 


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•S 4289 IS

1 ‘‘SEC. 12. PENALTIES. 

2 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH THE

3 BOARD.—Any person’’; and 

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

5 ‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC6 TICES RELATED TO COVERAGE UNDER A GROUP HEALTH

7 PLAN DURING A LOCK-OUT.—Any employer who commits 

8 an unfair labor practice within the meaning of section 

9 8(a)(6) shall be subject to a civil penalty in an amount 

10 not to exceed $75,000 for each violation, except that, with 

11 respect to such an unfair labor practice that coincides with 

12 the discharge of an employee or that results in other seri13 ous economic harm to an employee, the Board shall double 

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

15 $150,000, in any case where the employer has within the 

16 preceding 5 years committed another violation of section 

17 8(a)(6). A civil penalty under this subsection shall be in 

18 addition to any other remedy ordered by the Board. 

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

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

21 shall consider— 

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

23 resulting in the penalty, including the impact of such 

24 actions on the charging party or on other persons 

25 seeking to exercise rights guaranteed by this Act; 

26 ‘‘(2) the size of the employer; 


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•S 4289 IS

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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