I 

117TH CONGRESS 

2D SESSION H. R. 6557 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2022 

Mrs. AXNE (for herself, Mr. COHEN, Mr. HIGGINS of New York, Mr. LEVIN

of Michigan, Mr. MCGOVERN, Mr. PASCRELL, Ms. SA ́NCHEZ, and Ms. 

WILLIAMS of Georgia) introduced the following bill; which was referred 

to the Committee on Education and Labor 

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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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 

16 meaning given the term under section 607(1) of the 

17 Employee Retirement Income Security Act of 1974 

18 (29 U.S.C. 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. (a) VIOLATIONS FOR INTERFERENCE

25 WITH THE BOARD.—Any person’’; and 

26 (2) by adding the following: 


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1 ‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC2 TICES.—Any employer who commits an unfair labor prac3 tice within the meaning of section 8(a)(6) shall be subject 

4 to a civil penalty in an amount not to exceed $50,000 for 

5 each such violation, except that, with respect to an unfair 

6 labor practice within the meaning of section 8(a)(6) that 

7 relates to the discharge of an employee or other serious 

8 economic harm to an employee, the Board shall double the 

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

10 $100,000, in any case where the employer has within the 

11 preceding 5 years committed another such violation of sec12 tion 8(a)(6). A civil penalty under this subsection shall 

13 be in addition to any other remedy ordered by the Board. 

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

15 of any civil penalty under this section, the Board shall con16 sider— 

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

18 resulting in the penalty, including the impact of such 

19 actions on the charging party or on other persons 

20 seeking to exercise rights guaranteed by the Act; 

21 ‘‘(2) the size of the employer; 

22 ‘‘(3) the history of previous unfair labor prac23 tices or other actions by the employer resulting in a 

24 penalty; and 

25 ‘‘(4) the public interest. 


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

2 Board determines, based on the particular facts and cir3 cumstances presented, that a director or officer’s personal 

4 liability is warranted, a civil penalty for a violation de5 scribed in this section may also be assessed against any 

6 director or officer of the employer who directed or com7 mitted the violation, or had actual or constructive knowl8 edge of and the authority to prevent the violation and 

9 failed to prevent the violation.’’. 

Æ 


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