I 

118TH CONGRESS 

1ST SESSION H. R. 20 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2023 

Mr. SCOTT of Virginia (for himself, Mr. FITZPATRICK, Mr. BOWMAN, Mr. 

DELUZIO, Mr. SARBANES, Ms. BUDZINSKI, Ms. BONAMICI, Ms. 

HOULAHAN, Mr. SHERMAN, Mr. PASCRELL, Mr. GOLDEN of Maine, Mr. 

HOYER, Mr. SMITH of Washington, Ms. MOORE of Wisconsin, Mrs. 

PELTOLA, Mr. POCAN, Mr. CARSON, Mr. CARTWRIGHT, Mr. PAYNE, Mr. 

ROBERT GARCIA of California, Ms. VELA ́ZQUEZ, Mr. SORENSEN, Mr. 

HIGGINS of New York, Mr. CASTEN, Ms. MCCOLLUM, Ms. SLOTKIN, Mr. 

DAVIS of Illinois, Ms. CLARKE of New York, Ms. HOYLE of Oregon, Mr. 

KILDEE, Mrs. WATSON COLEMAN, Mr. GARAMENDI, Ms. PORTER, Ms. 

SCHRIER, Mr. SWALWELL, Ms. TOKUDA, Mr. DESAULNIER, Mr. BOYLE

of Pennsylvania, Ms. NORTON, Ms. TITUS, Mr. LYNCH, Mr. NICKEL, Ms. 

WILSON of Florida, Ms. STEVENS, Mr. NADLER, Mr. CONNOLLY, Mr. 

GOLDMAN of New York, Mr. CLEAVER, Mrs. TRAHAN, Ms. CROCKETT, 

Mrs. BEATTY, Ms. ESCOBAR, Mr. BEYER, Ms. SA ́NCHEZ, Mr. KIM of 

New Jersey, Ms. PINGREE, Mr. CASAR, Mr. TAKANO, Mr. LARSON of 

Connecticut, Mrs. DINGELL, Mr. LANDSMAN, Mr. BLUMENAUER, Mr. 

GARCI ́A of Illinois, Mr. NORCROSS, Ms. LEE of California, Mr. MOULTON, 

Mr. MAGAZINER, Mr. HUFFMAN, Mr. FROST, Mr. VARGAS, Ms. WILD, 

Mr. THOMPSON of California, Ms. WILLIAMS of Georgia, Mr. CA ́RDENAS, 

Ms. BARRAGA ́N, Mr. PANETTA, Mr. VEASEY, Mr. MEEKS, Mrs. NAPOLITANO, Mr. CASTRO of Texas, Ms. MENG, Ms. SCHAKOWSKY, Ms. 

DELAURO, Mr. STANTON, Mr. THOMPSON of Mississippi, Ms. CASTOR of 

Florida, Mr. DAVIS of North Carolina, Mr. GOMEZ, Mr. CICILLINE, Mr. 

RUIZ, Mr. KEATING, Mr. MRVAN, Ms. ADAMS, Ms. JACOBS, Ms. 

SCHOLTEN, Mrs. FOUSHEE, Mr. COHEN, Mrs. HAYES, Mr. EVANS, Mr. 

FOSTER, Ms. ROSS, Ms. GARCIA of Texas, Ms. CHU, Ms. JACKSON LEE, 

Mr. KILMER, Mr. QUIGLEY, Ms. MANNING, Mr. SCHIFF, Mr. CARBAJAL, 

Mr. GREEN of Texas, Mr. MORELLE, Ms. BALINT, Mr. COURTNEY, Ms. 

KELLY of Illinois, Ms. LOIS FRANKEL of Florida, Ms. ESHOO, Ms. 

JAYAPAL, Ms. SHERRILL, Mr. TRONE, Mr. RUPPERSBERGER, Mr. 

MFUME, Mr. PALLONE, Mr. KRISHNAMOORTHI, Mr. TORRES of New 

York, Mr. JACKSON of North Carolina, Mr. DAVID SCOTT of Georgia, Mr. 


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SOTO, Mr. LARSEN of Washington, Ms. KAPTUR, Mr. HORSFORD, Mr. 

RYAN, Ms. PRESSLEY, Mr. MCGARVEY, Mr. HARDER of California, Ms. 

STANSBURY, Ms. CRAIG, Ms. PETTERSEN, Mr. TONKO, Mr. SABLAN, Mr. 

MENENDEZ, Mr. SCHNEIDER, Mr. LEVIN, Mr. RASKIN, Ms. BUSH, Mr. 

MCGOVERN, Ms. BROWNLEY, Ms. OMAR, Mr. GALLEGO, Ms. 

WASSERMAN SCHULTZ, Mr. ESPAILLAT, Mrs. CHERFILUS-MCCORMICK, 

Ms. BLUNT ROCHESTER, Ms. BROWN, Ms. MATSUI, Mr. CLYBURN, Mr. 

MULLIN, Ms. SCANLON, Mr. NEGUSE, Mr. GRIJALVA, Ms. UNDERWOOD, 

Ms. LEGER FERNANDEZ, Ms. KUSTER, Mr. PAPPAS, Mr. AGUILAR, Mr. 

DOGGETT, Mrs. RAMIREZ, Ms. DELBENE, Ms. KAMLAGER-DOVE, Mr. 

BISHOP of Georgia, Ms. SALINAS, Mr. CROW, Ms. DEAN of Pennsylvania, 

Mr. KHANNA, Ms. DEGETTE, Ms. SEWELL, Ms. TLAIB, Mr. MOSKOWITZ, 

Ms. PEREZ, Ms. STRICKLAND, Mr. CARTER of Louisiana, Mr. 

AUCHINCLOSS, Mr. NEAL, Ms. SPANBERGER, Ms. OCASIO-CORTEZ, Mrs. 

TORRES of California, Mr. GOTTHEIMER, Ms. WEXTON, Mr. JOHNSON of 

Georgia, Ms. CARAVEO, Mrs. MCBATH, Mr. LIEU, Mr. CASE, Mrs. 

SYKES, Mr. JACKSON of Illinois, Mr. THANEDAR, Ms. LEE of Pennsylvania, Mr. VASQUEZ, Ms. PELOSI, Ms. LOFGREN, Ms. DAVIDS of Kansas, 

Mr. VICENTE GONZALEZ of Texas, Mr. JEFFRIES, Ms. CLARK of Massachusetts, Mr. PHILLIPS, and Mr. HIMES) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Richard L. Trumka Protecting the Right to Organize Act 

6 of 2023’’. 

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

8 this Act is as follows: 


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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. Electronic voting in Union elections. 

Sec. 302. GAO report on sectoral bargaining. 

Sec. 303. Severability. 

Sec. 304. Authorization of appropriations. 

Sec. 305. Rule of Construction. 

Sec. 306. Rule of Construction. 

Sec. 307. Rule of Construction. 

Sec. 308. Rule of Construction. 

Sec. 309. GAO Report. 

1 TITLE I—AMENDMENTS TO THE 

2 NATIONAL LABOR RELATIONS 

3 ACT 

4 SEC. 101. DEFINITIONS. 

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

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

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

8 shall be employers with respect to an employee if each 


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1 such person codetermines or shares control over the em2 ployee’s essential terms and conditions of employment. In 

3 determining whether such control exists, the Board or a 

4 court of competent jurisdiction shall consider as relevant 

5 direct control and indirect control over such terms and 

6 conditions, reserved authority to control such terms and 

7 conditions, and control over such terms and conditions ex8 ercised by a person in fact: Provided, That nothing herein 

9 precludes a finding that indirect or reserved control stand10 ing alone can be sufficient given specific facts and cir11 cumstances.’’. 

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

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

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

15 service shall be considered an employee (except as pro16 vided in the previous sentence) and not an independent 

17 contractor, unless— 

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

19 direction in connection with the performance of 

20 the service, both under the contract for the per21 formance of service and in fact; 

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

23 usual course of the business of the employer; 

24 and 


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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, 2025, section 3003 of the 

18 Federal Reports Elimination and Sunset Act of 1995 

19 (Public Law 104–66; 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 104–66; 31 U.S.C. 1113 note); 


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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 


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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 


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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’’; 


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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 


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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 


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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 as soon as practicable and 

8 not later than within 120 days, absent extraordinary 

9 circumstances or by agreement or permission of the 

10 parties, and such decision shall be binding upon the 

11 parties for a period of 2 years, unless amended dur12 ing such period by written consent of the parties. 

13 Such decision shall be based on— 

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

15 prospects; 

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

17 operations and business; 

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

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

20 themselves, their families, and their dependents 

21 on the wages and benefits they earn from the 

22 employer; and 

23 ‘‘(v) the wages and benefits other employ24 ers in the same business provide their employ25 ees.’’; 


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1 (5) by amending subsection (e) to read as fol2 lows: 

3 ‘‘(e) Notwithstanding chapter 1 of title 9, United 

4 States Code (commonly known as the ‘Federal Arbitration 

5 Act’), or any other provision of law, it shall be an unfair 

6 labor practice under subsection (a)(1) for any employer— 

7 ‘‘(1) to enter into or attempt to enforce any 

8 agreement, express or implied, whereby prior to a 

9 dispute to which the agreement applies, an employee 

10 undertakes or promises not to pursue, bring, join, 

11 litigate, or support any kind of joint, class, or collec12 tive claim arising from or relating to the employ13 ment of such employee in any forum that, but for 

14 such agreement, is of competent jurisdiction; 

15 ‘‘(2) to coerce an employee into undertaking or 

16 promising not to pursue, bring, join, litigate, or sup17 port any kind of joint, class, or collective claim aris18 ing from or relating to the employment of such em19 ployee; or 

20 ‘‘(3) to retaliate or threaten to retaliate against 

21 an employee for refusing to undertake or promise 

22 not to pursue, bring, join, litigate, or support any 

23 kind of joint, class, or collective claim arising from 

24 or relating to the employment of such employee: 

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1 section or results from a violation of this subsection 

2 shall be to such extent unenforceable and void: Pro3 vided further, That this subsection shall not apply to 

4 any agreement embodied in or expressly permitted 

5 by a contract between an employer and a labor orga6 nization.’’; 

7 (6) in subsection (g), by striking ‘‘clause (B) of 

8 the last sentence of section 8(d) of this Act’’ and in9 serting ‘‘subsection (d)(2)(B)’’; and 

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

11 ‘‘(h)(1) The Board shall promulgate regulations re12 quiring each employer to post and maintain, in con13 spicuous places where notices to employees and applicants 

14 for employment are customarily posted both physically and 

15 electronically, a notice setting forth the rights and protec16 tions afforded employees under this Act. The Board shall 

17 make available to the public the form and text of such 

18 notice. The Board shall promulgate regulations requiring 

19 employers to notify each new employee of the information 

20 contained in the notice described in the preceding two sen21 tences and to ensure that such notice is provided to em22 ployees in a language spoken by such employees. 

23 ‘‘(2) Whenever the Board directs an election under 

24 section 9(c) or approves an election agreement, the em25 ployer of employees in the bargaining unit shall, not later 


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1 than 2 business days after the Board directs such election 

2 or approves such election agreement, provide a voter list 

3 to a labor organization that has petitioned to represent 

4 such employees. Such voter list shall include the names 

5 of all employees in the bargaining unit and such employ6 ees’ home addresses, work locations, shifts, job classifica7 tions, and, if available to the employer, personal landline 

8 and mobile telephone numbers, and work and personal 

9 email addresses; the voter list must be provided in a 

10 searchable electronic format generally approved by the 

11 Board unless the employer certifies that the employer does 

12 not possess the capacity to produce the list in the required 

13 form. Not later than 9 months after the date of enactment 

14 of the Richard L. Trumka Protecting the Right to Orga15 nize Act of 2023, the Board shall promulgate regulations 

16 implementing the requirements of this paragraph. 

17 ‘‘(i) The rights of an employee under section 7 in18 clude the right to use electronic communication devices 

19 and systems (including computers, laptops, tablets, inter20 net access, email, cellular telephones, or other company 

21 equipment) of the employer of such employee to engage 

22 in activities protected under section 7 if such employer has 

23 given such employee access to such devices and systems 

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1 pelling business rationale for denying or limiting such 

2 use.’’. 

3 SEC. 105. REPRESENTATIVES AND ELECTIONS. 

4 Section 9 of the National Labor Relations Act (29 

5 U.S.C. 159) is amended— 

6 (1) in subsection (c)— 

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

8 follows: 

9 ‘‘(1) Whenever a petition shall have been filed, in ac10 cordance with such regulations as may be prescribed by 

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

12 individual or labor organization acting in their behalf al13 leging that a substantial number of employees (i) wish to 

14 be represented for collective bargaining and that their em15 ployer declines to recognize their representative as the rep16 resentative defined in section 9(a), or (ii) assert that the 

17 individual or labor organization, which has been certified 

18 or is being recognized by their employer as the bargaining 

19 representative, is no longer a representative as defined in 

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

21 if it has reasonable cause to believe that a question of rep22 resentation affecting commerce exists shall provide for an 

23 appropriate hearing upon due notice. Such hearing may 

24 be conducted by an officer or employee of the regional of25 fice, who shall not make any recommendations with reVerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20

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1 spect thereto. If the Board finds upon the record of such 

2 hearing that such a question of representation exists, it 

3 shall direct an election by secret ballot and shall certify 

4 the results thereof. The Board shall find the labor organi5 zation’s proposed unit to be appropriate if the employees 

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

7 if the employees outside the unit do not share an over8 whelming community of interest with employees inside. At 

9 the request of the labor organization, the Board shall di10 rect that the election be conducted through certified mail, 

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

12 than one owned or controlled by the employer. No em13 ployer shall have standing as a party or to intervene in 

14 any representation proceeding under this section.’’; 

15 (B) in paragraph (3), by striking ‘‘an eco16 nomic strike who are not entitled to reinstate17 ment’’ and inserting ‘‘a strike’’; 

18 (C) by redesignating paragraphs (4) and 

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

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

21 following: 

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

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

24 appropriate for purposes of collective bargaining have been 

25 cast in favor of representation by the labor organization, 


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1 the Board shall certify the labor organization as the rep2 resentative of the employees in such unit and shall issue 

3 an order requiring the employer of such employees to col4 lectively bargain with the labor organization in accordance 

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

6 under section 10(c) of this Act, without need for a deter7 mination of an unfair labor practice. 

8 ‘‘(5)(A) If the Board finds that, in an election under 

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

10 appropriate for purposes of collective bargaining have not 

11 been cast in favor of representation by the labor organiza12 tion, the Board shall certify the results of the election, 

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

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

15 votes cast in a unit appropriate for purposes of collective 

16 bargaining have not been cast in favor of representation 

17 by the labor organization and the Board determines, fol18 lowing a post-election hearing, that the employer has com19 mitted a violation of this Act or otherwise interfered with 

20 a fair election, and the employer has not demonstrated 

21 that the violation or other interference is unlikely to have 

22 affected the outcome of the election, the Board shall, with23 out ordering a new election, set aside the election and cer24 tify the labor organization as the representative of the em25 ployees in such unit and issue an order requiring the emVerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20

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1 ployer to bargain with the labor organization in accord2 ance with section 8(d) if, at any time during the period 

3 beginning 1 year preceding the date of the commencement 

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

5 Board makes the determination of a violation or other in6 terference, a majority of the employees in the bargaining 

7 unit have signed authorizations designating the labor or8 ganization as their collective bargaining representative. 

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

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

11 Board shall direct a new election with appropriate addi12 tional safeguards necessary to ensure a fair election proc13 ess, except in cases where the Board issues a bargaining 

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

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

16 redesignated, the following: 

17 ‘‘(8) Except under extraordinary circumstances— 

18 ‘‘(A) a pre-election hearing under this sub19 section shall begin not later than 8 days after a no20 tice of such hearing is served on the labor organiza21 tion and shall continue from day to day until com22 pleted; 

23 ‘‘(B) a regional director shall transmit the no24 tice of election at the same time as the direction of 

25 election, and shall transmit such notice and such diVerDate Sep 11 2014 22:07 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20

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1 rection electronically (including transmission by 

2 email or facsimile) or by overnight mail if electronic 

3 transmission is unavailable; 

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

5 the notice of hearing, the employer shall— 

6 ‘‘(i) post the Notice of Petition for Elec7 tion in conspicuous places, including all places 

8 where notices to employees are customarily 

9 posted; 

10 ‘‘(ii) if the employer customarily commu11 nicates with employees electronically, distribute 

12 such Notice electronically; and 

13 ‘‘(iii) maintain such posting until the peti14 tion is dismissed or withdrawn or the Notice of 

15 Petition for Election is replaced by the Notice 

16 of Election; 

17 ‘‘(D) regional directors shall schedule elections 

18 for the earliest date practicable, but not later than 

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

20 and 

21 ‘‘(E) a post-election hearing under this sub22 section shall begin not later than 14 days after the 

23 filing of objections, if any.’’; 

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

25 inserting ‘‘(d) or’’; and 


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

2 ‘‘(f) The Board shall dismiss any petition for an elec3 tion with respect to a bargaining unit or any subdivision 

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

5 which the petition is filed— 

6 ‘‘(1) the employer has recognized a labor orga7 nization without an election and in accordance with 

8 this Act; 

9 ‘‘(2) the labor organization and employer en10 gaged in their first bargaining session following the 

11 issuance of a bargaining order by the Board; or 

12 ‘‘(3) the labor organization and successor em13 ployer engaged in their first bargaining session fol14 lowing a succession. 

15 ‘‘(g) The Board shall dismiss any petition for an elec16 tion with respect to a bargaining unit or any subdivision 

17 if there is in effect a lawful written collective bargaining 

18 agreement between the employer and an exclusive rep19 resentative covering any employees in the unit specified 

20 in the petition, unless the petition is filed— 

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

22 the date on which the collective bargaining agree23 ment took effect; or 

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

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


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1 after the date on which the collective bargaining 

2 agreement took effect. 

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

4 petition for an election with respect to a bargaining unit 

5 or any subdivision if a labor organization files an unfair 

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

7 and requesting the suspension of a pending petition until 

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

9 is dismissed unless the Board determines that employees 

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

11 election despite the unlawful conduct alleged in the 

12 charge.’’. 

13 SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 

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

15 (29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 

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

17 further, That if the Board finds that an employer has dis18 criminated against an employee in violation of paragraph 

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

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

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

22 shall award the employee back pay without any reduction 

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

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

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1 tional amount as liquidated damages equal to two times 

2 the amount of damages awarded: Provided further, no re3 lief under this subsection shall be denied on the basis that 

4 the employee is, or was during the time of relevant em5 ployment or during the back pay period, an unauthorized 

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

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

8 provision of Federal law relating to the unlawful employ9 ment of aliens’’. 

10 SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 

11 BOARD. 

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

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

14 (1) by striking subsection (e); 

15 (2) by redesignating subsection (d) as sub16 section (e); 

17 (3) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d)(1) Each order of the Board shall take effect 

20 upon issuance of such order, unless otherwise directed by 

21 the Board, and shall remain in effect unless modified by 

22 the Board or unless a court of competent jurisdiction 

23 issues a superseding order. 

24 ‘‘(2) Any person who fails or neglects to obey an 

25 order of the Board shall forfeit and pay to the Board a 


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1 civil penalty of not more than $10,000 for each violation, 

2 which shall accrue to the United States and may be recov3 ered in a civil action brought by the Board to the district 

4 court of the United States in which the unfair labor prac5 tice or other subject of the order occurred, or in which 

6 such person or entity resides or transacts business. No ac7 tion by the Board under this paragraph may be made until 

8 30 days following the issuance of an order. Each separate 

9 violation of such an order shall be a separate offense, ex10 cept that, in the case of a violation in which a person fails 

11 to obey or neglects to obey a final order of the Board, 

12 each day such failure or neglect continues shall be deemed 

13 a separate offense. 

14 ‘‘(3) If, after having provided a person or entity with 

15 notice and an opportunity to be heard regarding a civil 

16 action under subparagraph (2) for the enforcement of an 

17 order, the court determines that the order was regularly 

18 made and duly served, and that the person or entity is 

19 in disobedience of the same, the court shall enforce obedi20 ence to such order by an injunction or other proper proc21 ess, mandatory or otherwise, to— 

22 ‘‘(A) restrain such person or entity or the offi23 cers, agents, or representatives of such person or en24 tity, from further disobedience to such order; or 


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1 ‘‘(B) enjoin such person or entity, officers, 

2 agents, or representatives to obedience to the 

3 same.’’; 

4 (4) in subsection (f)— 

5 (A) by striking ‘‘proceed in the same man6 ner as in the case of an application by the 

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

8 inserting ‘‘proceed as provided under paragraph 

9 (2) of this subsection’’; 

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

11 following: 

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

13 order, any’’; and 

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

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

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

17 by a court, unless the failure or neglect to urge such objec18 tion shall be excused because of extraordinary cir19 cumstances. The findings of the Board with respect to 

20 questions of fact if supported by substantial evidence on 

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

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

23 additional evidence and shall show to the satisfaction of 

24 the court that such additional evidence is material and 

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1 duce such evidence in the hearing before the Board, its 

2 member, agent, or agency, the court may order such addi3 tional evidence to be taken before the Board, its member, 

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

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

6 make new findings, by reason of additional evidence so 

7 taken and filed, and it shall file such modified or new find8 ings, which findings with respect to questions of fact if 

9 supported by substantial evidence on the record considered 

10 as a whole shall be conclusive, and shall file its rec11 ommendations, if any, for the modification or setting aside 

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

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

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

15 shall be subject to review by the appropriate United States 

16 court of appeals if application was made to the district 

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

18 upon writ of certiorari or certification as provided in sec19 tion 1254 of title 28, United States Code.’’; and 

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

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

22 (d) or (f)’’. 

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

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


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1 by striking ‘‘section 10(e) or (f)’’ and inserting ‘‘sub2 section (d) or (f) of section 10’’. 

3 SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC4 TICES INVOLVING DISCHARGE OR OTHER SE5 RIOUS ECONOMIC HARM. 

6 Section 10 of the National Labor Relations Act (29 

7 U.S.C. 160) is amended— 

8 (1) in subsection (j)— 

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

10 ‘‘(1) The Board’’; and 

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

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

13 charged that an employer has engaged in an unfair labor 

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

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

16 or coerces employees in the exercise of the rights guaran17 teed under section 7, or involves discharge or other serious 

18 economic harm to an employee, the preliminary investiga19 tion of such charge shall be made forthwith and given pri20 ority over all other cases except cases of like character 

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

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

23 to whom the matter may be referred has reasonable cause 

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

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


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1 appropriate temporary relief or restraining order as set 

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

3 relief requested unless the court concludes that there is 

4 no reasonable likelihood that the Board will succeed on 

5 the merits of the Board’s claim.’’; and 

6 (2) by repealing subsections (k) and (l). 

7 SEC. 109. PENALTIES. 

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

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

10 (1) by striking ‘‘SEC. 12. Any person’’ and in11 serting the following: 

12 ‘‘SEC. 12. PENALTIES. 

13 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH

14 BOARD.—Any person’’; and 

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

16 ‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS AND

17 VOTER LIST.—If the Board, or any agent or agency des18 ignated by the Board for such purposes, determines that 

19 an employer has violated section 8(h) or regulations issued 

20 thereunder, the Board shall— 

21 ‘‘(1) state the findings of fact supporting such 

22 determination; 

23 ‘‘(2) issue and cause to be served on such em24 ployer an order requiring that such employer comply 


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1 with section 8(h) or regulations issued thereunder; 

2 and 

3 ‘‘(3) impose a civil penalty in an amount deter4 mined appropriate by the Board, except that in no 

5 case shall the amount of such penalty exceed $500 

6 for each such violation. 

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

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

9 an unfair labor practice within the meaning of sec10 tion 8(a) shall, in addition to any remedy ordered by 

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

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

13 that, with respect to an unfair labor practice within 

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

15 or a violation of section 8(a) that results in the dis16 charge of an employee or other serious economic 

17 harm to an employee, the Board shall double the 

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

19 $100,000, in any case where the employer has with20 in the preceding 5 years committed another such 

21 violation. 

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

23 amount of any civil penalty under this subsection, 

24 the Board shall consider— 


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1 ‘‘(A) the gravity of the unfair labor prac2 tice; 

3 ‘‘(B) the impact of the unfair labor prac4 tice on the charging party, on other persons 

5 seeking to exercise rights guaranteed by this 

6 Act, and on the public interest; and 

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

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

9 the Board determines, based on the particular facts 

10 and circumstances presented, that a director or offi11 cer’s personal liability is warranted, a civil penalty 

12 for a violation described in this subsection may also 

13 be assessed against any director or officer of the em14 ployer who directed or committed the violation, had 

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

16 had actual or constructive knowledge of and the au17 thority to prevent the violation and failed to prevent 

18 the violation. 

19 ‘‘(d) RIGHT TO CIVIL ACTION.— 

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

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

22 of section 8(a) may, after 60 days following the fil23 ing of a charge with the Board alleging an unfair 

24 labor practice, bring a civil action in the appropriate 

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1 ployer within 90 days after the expiration of the 60- 

2 day period or the date the Board notifies the person 

3 that no complaint shall issue, whichever occurs ear4 lier, provided that the Board has not filed a petition 

5 under section 10(j) of this Act prior to the expira6 tion of the 60-day period. No relief under this sub7 section shall be denied on the basis that the em8 ployee is, or was during the time of relevant employ9 ment or during the back pay period, an unauthor10 ized alien as defined in section 274A(h)(3) of the 

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

12 1324a(h)(3)) or any other provision of Federal law 

13 relating to the unlawful employment of aliens. 

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

15 action under paragraph (1) may include— 

16 ‘‘(A) back pay without any reduction, in17 cluding any reduction based on the employee’s 

18 interim earnings or failure to earn interim earn19 ings; 

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

21 ‘‘(C) consequential damages; 

22 ‘‘(D) an additional amount as liquidated 

23 damages equal to two times the cumulative 

24 amount of damages awarded under subpara25 graphs (A) through (C); 


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1 ‘‘(E) in appropriate cases, punitive dam2 ages in accordance with paragraph (4); and 

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

4 706(g) of the Civil Rights Act of 1964 (42 

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

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

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

8 under this subsection, the court may allow the pre9 vailing party a reasonable attorney’s fee (including 

10 expert fees) and other reasonable costs associated 

11 with maintaining the action. 

12 ‘‘(4) PUNITIVE DAMAGES.—In awarding puni13 tive damages under paragraph (2)(E), the court 

14 shall consider— 

15 ‘‘(A) the gravity of the unfair labor prac16 tice; 

17 ‘‘(B) the impact of the unfair labor prac18 tice on the charging party, on other persons 

19 seeking to exercise rights guaranteed by this 

20 Act, and on the public interest; and 

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

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

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

24 amended— 


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

2 ‘‘180 days’’; and 

3 (2) by striking ‘‘the six-month period’’ and in4 serting ‘‘the 180-day period’’. 

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

6 Section 13 of the National Labor Relations Act (29 

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

8 and inserting the following: ‘‘: Provided, That the dura9 tion, scope, frequency, or intermittence of any strike or 

10 strikes shall not render such strike or strikes unprotected 

11 or prohibited.’’. 

12 SEC. 111. FAIR SHARE AGREEMENTS PERMITTED. 

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

14 (29 U.S.C. 164(b)) is amended by striking the period at 

15 the end and inserting the following: ‘‘: Provided, That col16 lective bargaining agreements providing that all employees 

17 in a bargaining unit shall contribute fees to a labor organi18 zation for the cost of representation, collective bargaining, 

19 contract enforcement, and related expenditures as a condi20 tion of employment shall be valid and enforceable notwith21 standing any State or Territorial law.’’. 


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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 (a) IN GENERAL.—Section 203(c) of the Labor-Man24 agement Reporting and Disclosure Act of 1959 (29 U.S.C. 

25 433(c)) is amended by striking the period at the end and 


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1 inserting the following ‘‘: Provided, That this subsection 

2 shall not exempt from the requirements of this section any 

3 arrangement or part of an arrangement in which a party 

4 agrees, for an object described in subsection (b)(1), to plan 

5 or conduct employee meetings; train supervisors or em6 ployer representatives to conduct meetings; coordinate or 

7 direct activities of supervisors or employer representatives; 

8 establish or facilitate employee committees; identify em9 ployees for disciplinary action, reward, or other targeting; 

10 or draft or revise employer personnel policies, speeches, 

11 presentations, or other written, recorded, or electronic 

12 communications to be delivered or disseminated to employ13 ees.’’. 

14 (b) WHISTLEBLOWER PROTECTIONS.—The Labor15 Management Reporting and Disclosure Act of 1959 (29 

16 U.S.C. 401 et seq.) is further amended— 

17 (1) by redesignating section 611 (29 U.S.C. 

18 531) as section 612; and 

19 (2) by inserting after section 610 (29 U.S.C. 

20 530), the following new section: 

21 ‘‘WHISTLEBLOWER PROTECTIONS

22 ‘‘SEC. 611. 

23 ‘‘(a) IN GENERAL.—No employer or labor organiza24 tion shall terminate or in any other way discriminate 

25 against, or cause to be terminated or discriminated 

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1 ered employee, of the employer or the labor organization 

2 by reason of the fact that such applicant, covered em3 ployee, or former covered employee does, or the employer 

4 or labor organization perceives the employee to do, any 

5 of the following: 

6 ‘‘(1) Provide, cause to be provided, or is about 

7 to provide or cause to be provided, information to 

8 the labor organization, the employer, the Depart9 ment of Labor, or any other State, local, or Federal 

10 Government authority or law enforcement agency re11 lating to any violation of, or any act or omission 

12 that such employee reasonably believes to be a viola13 tion of, any provision of this Act. 

14 ‘‘(2) Testify or plan to testify or otherwise par15 ticipate in any proceeding resulting from the admin16 istration or enforcement of any provision of this Act. 

17 ‘‘(3) File, institute, or cause to be filed or insti18 tuted, any proceeding under this Act. 

19 ‘‘(4) Assist in any activity described in para20 graphs (1) through (3). 

21 ‘‘(5) Object to, or refuse to participate in, any 

22 activity, policy, practice, or assigned task that such 

23 covered employee reasonably believes to be in viola24 tion of any provision of this Act. 


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1 ‘‘(b) DEFINITION OF COVERED EMPLOYEE.—For the 

2 purposes of this section, the term ‘covered employee’ 

3 means any employee or agent of an employer or labor or4 ganization, including any person with management re5 sponsibilities on behalf of the employer or labor organiza6 tion. 

7 ‘‘(c) PROCEDURES AND TIMETABLES.— 

8 ‘‘(1) COMPLAINT.— 

9 ‘‘(A) IN GENERAL.—An applicant, covered 

10 employee, or former covered employee who be11 lieves that he or she has been terminated or in 

12 any other way discriminated against by any 

13 person in violation of subsection (a) may file (or 

14 have any person file on his or her behalf) a 

15 complaint with the Secretary of Labor alleging 

16 such violation. Such a complaint must be filed 

17 not later than either— 

18 ‘‘(i) 180 days after the date on which 

19 such alleged violation occurs; or 

20 ‘‘(ii) 180 days after the date upon 

21 which the employee knows or should rea22 sonably have known that such alleged vio23 lation in subsection (a) occurred. 

24 ‘‘(B) ACTIONS OF SECRETARY OF

25 LABOR.—Upon receipt of such a complaint, the 


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1 Secretary of Labor shall notify, in writing, the 

2 person named in the complaint who is alleged 

3 to have committed the violation, of— 

4 ‘‘(i) the filing of the complaint; 

5 ‘‘(ii) the allegations contained in the 

6 complaint; 

7 ‘‘(iii) the substance of evidence sup8 porting the complaint; and 

9 ‘‘(iv) opportunities that will be af10 forded to such person under paragraph 

11 (2). 

12 ‘‘(2) INVESTIGATION BY SECRETARY OF

13 LABOR.— 

14 ‘‘(A) IN GENERAL.—Not later than 60 

15 days after the date of receipt of a complaint 

16 filed under paragraph (1), and after affording 

17 the complainant and the person named in the 

18 complaint who is alleged to have committed the 

19 violation that is the basis for the complaint an 

20 opportunity to submit to the Secretary of Labor 

21 a written response to the complaint and an op22 portunity to meet with a representative of the 

23 Secretary of Labor to present statements from 

24 witnesses, the Secretary of Labor shall— 


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1 ‘‘(i) initiate an investigation and de2 termine whether there is reasonable cause 

3 to believe that the complaint has merit; 

4 and 

5 ‘‘(ii) notify the complainant and the 

6 person alleged to have committed the viola7 tion of subsection (a), in writing, of such 

8 determination. 

9 ‘‘(B) GROUNDS FOR DETERMINATION OF

10 COMPLAINTS.—The Secretary of Labor shall 

11 dismiss a complaint filed under this subsection, 

12 and shall not conduct an investigation otherwise 

13 required under paragraph (2), unless the com14 plainant makes a prima facie showing that any 

15 behavior described in paragraphs (1) through 

16 (5) of subsection (a) was a contributing factor 

17 in the unfavorable personnel action alleged in 

18 the complaint. 

19 ‘‘(3) BURDENS OF PROOF.— 

20 ‘‘(A) CRITERIA FOR DETERMINATION.—In 

21 making a determination or adjudicating a com22 plaint pursuant to this subsection, the Sec23 retary, an administrative law judge or a court 

24 may determine that a violation of subsection (a) 

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1 onstrates that any conduct described in sub2 section (a) with respect to the complainant was 

3 a contributing factor in the adverse action al4 leged in the complaint. 

5 ‘‘(B) PROHIBITION.—Notwithstanding sub6 paragraph (A), a decision or order that is favor7 able to the complainant shall not be issued in 

8 any administrative or judicial action pursuant 

9 to this subsection if the respondent dem10 onstrates by clear and convincing evidence that 

11 the respondent would have taken the same ad12 verse action in the absence of such conduct. 

13 ‘‘(C) NOTICE OF RELIEF AVAILABLE.—If 

14 the Secretary of Labor concludes that there is 

15 reasonable cause to believe that a violation of 

16 subsection (a) has occurred, the Secretary of 

17 Labor shall, together with the notice under 

18 paragraph (2)(A)(ii), issue a preliminary order 

19 providing the relief prescribed by paragraph 

20 (4)(B). 

21 ‘‘(D) REQUEST FOR HEARING.—Not later 

22 than 30 days after the date of receipt of notifi23 cation of a determination of the Secretary of 

24 Labor under this paragraph, either the person 

25 alleged to have committed the violation or the 


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1 complainant may file objections to the findings 

2 or preliminary order, or both, and request a 

3 hearing on the record. The filing of such objec4 tions shall not operate to stay any reinstate5 ment remedy contained in the preliminary 

6 order. Any such hearing shall be conducted ex7 peditiously, and if a hearing is not requested in 

8 such 30-day period, the preliminary order shall 

9 be deemed a final order that is not subject to 

10 judicial review. 

11 ‘‘(E) PROCEDURES.— 

12 ‘‘(i) IN GENERAL.—A hearing re13 quested under this paragraph shall be con14 ducted expeditiously and in accordance 

15 with rules established by the Secretary for 

16 hearings conducted by administrative law 

17 judges. 

18 ‘‘(ii) SUBPOENAS; PRODUCTION OF

19 EVIDENCE.— In conducting any such hear20 ing, the administrative law judge may issue 

21 subpoenas. The respondent or complainant 

22 may request the issuance of subpoenas 

23 that require the deposition of, or the at24 tendance and testimony of, witnesses and 

25 the production of any evidence (including 


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1 any books, papers, documents, or record2 ings) relating to the matter under consid3 eration. 

4 ‘‘(4) ISSUANCE OF FINAL ORDERS; REVIEW

5 PROCEDURES.— 

6 ‘‘(A) TIMING.—Not later than 120 days 

7 after the date of conclusion of any hearing 

8 under paragraph (2), the Secretary of Labor 

9 shall issue a final order providing the relief pre10 scribed by this paragraph or denying the com11 plaint. At any time before issuance of a final 

12 order, a proceeding under this subsection may 

13 be terminated on the basis of a settlement 

14 agreement entered into by the Secretary of 

15 Labor, the complainant, and the person alleged 

16 to have committed the violation. 

17 ‘‘(B) AVAILABLE RELIEF.— 

18 ‘‘(i) ORDER OF SECRETARY OF

19 LABOR.—If, in response to a complaint 

20 filed under paragraph (1), the Secretary of 

21 Labor determines that a violation of sub22 section (a) has occurred, the Secretary of 

23 Labor shall order the person who com24 mitted such violation— 


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1 ‘‘(I) to take affirmative action to 

2 abate the violation; 

3 ‘‘(II) to reinstate the complain4 ant to his or her former position, to5 gether with compensation (including 

6 back pay with interest) and restore 

7 the terms, conditions, and privileges 

8 associated with his or her employ9 ment; 

10 ‘‘(III) to provide compensatory 

11 damages to the complainant; and 

12 ‘‘(IV) expungement of all warn13 ings, reprimands, or derogatory ref14 erences that have been placed in 

15 paper or electronic records or data16 bases of any type relating to the ac17 tions by the complainant that gave 

18 rise to the unfavorable personnel ac19 tion, and, at the complainant’s direc20 tion, transmission of a copy of the de21 cision on the complaint to any person 

22 whom the complainant reasonably be23 lieves may have received such unfavor24 able information. 


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1 ‘‘(ii) COSTS AND EXPENSES.—If an 

2 order is issued under clause (i), the Sec3 retary of Labor, at the request of the com4 plainant, shall assess against the person 

5 against whom the order is issued, a sum 

6 equal to the aggregate amount of all costs 

7 and expenses (including attorney fees and 

8 expert witness fees) reasonably incurred, 

9 as determined by the Secretary of Labor, 

10 by the complainant for, or in connection 

11 with, the bringing of the complaint upon 

12 which the order was issued. 

13 ‘‘(C) FRIVOLOUS CLAIMS.—If the Sec14 retary of Labor finds that a complaint under 

15 paragraph (1) is frivolous or has been brought 

16 in bad faith, the Secretary of Labor may award 

17 to the prevailing employer or labor organization 

18 a reasonable attorney fee, not exceeding $1,000, 

19 to be paid by the complainant. 

20 ‘‘(D) DE NOVO REVIEW.— 

21 ‘‘(i) FAILURE OF THE SECRETARY TO

22 ACT.—If the Secretary of Labor has not 

23 issued a final order within 270 days after 

24 the date of filing of a complaint under this 

25 subsection, or within 90 days after the 


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1 date of receipt of a written determination, 

2 the complainant may bring an action at 

3 law or equity for de novo review in the ap4 propriate district court of the United 

5 States having jurisdiction, which shall have 

6 jurisdiction over such an action without re7 gard to the amount in controversy, and 

8 which action shall, at the request of either 

9 party to such action, be tried by the court 

10 with a jury. 

11 ‘‘(ii) PROCEDURES.—A proceeding 

12 under clause (i) shall be governed by the 

13 same legal burdens of proof specified in 

14 paragraph (3). The court shall have juris15 diction to grant all relief necessary to 

16 make the employee whole, including injunc17 tive relief and compensatory damages, in18 cluding— 

19 ‘‘(I) reinstatement with the same 

20 seniority status that the employee 

21 would have had, but for the discharge 

22 or discrimination; 

23 ‘‘(II) the amount of back pay, 

24 with interest; 


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1 ‘‘(III) compensation for any spe2 cial damages sustained as a result of 

3 the discharge or discrimination, in4 cluding litigation costs, expert witness 

5 fees, and reasonable attorney fees; 

6 and 

7 ‘‘(IV) expungement of all warn8 ings, reprimands, or derogatory ref9 erences that have been placed in 

10 paper or electronic records or data11 bases of any type relating to the ac12 tions by the complainant that gave 

13 rise to the unfavorable personnel ac14 tion, and, at the complainant’s direc15 tion, transmission of a copy of the de16 cision on the complaint to any person 

17 whom the complainant reasonably be18 lieves may have received such unfavor19 able information. 

20 ‘‘(E) OTHER APPEALS.—Unless the com21 plainant brings an action under subparagraph 

22 (D), any person adversely affected or aggrieved 

23 by a final order issued under subparagraph (A) 

24 may file a petition for review of the order in the 

25 United States Court of Appeals for the circuit 


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1 in which the violation with respect to which the 

2 order was issued, allegedly occurred or the cir3 cuit in which the complainant resided on the 

4 date of such violation, not later than 60 days 

5 after the date of the issuance of the final order 

6 of the Secretary of Labor under subparagraph 

7 (A). Review shall conform to chapter 7 of title 

8 5, United States Code. The commencement of 

9 proceedings under this subparagraph shall not, 

10 unless ordered by the court, operate as a stay 

11 of the order. An order of the Secretary of 

12 Labor with respect to which review could have 

13 been obtained under this subparagraph shall 

14 not be subject to judicial review in any criminal 

15 or other civil proceeding. 

16 ‘‘(5) FAILURE TO COMPLY WITH ORDER.— 

17 ‘‘(A) ACTIONS BY THE SECRETARY.—If 

18 any person has failed to comply with a final 

19 order issued under paragraph (4), the Secretary 

20 of Labor may file a civil action in the United 

21 States district court for the district in which 

22 the violation was found to have occurred, or in 

23 the United States district court for the District 

24 of Columbia, to enforce such order. In actions 

25 brought under this paragraph, the district 


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1 courts shall have jurisdiction to grant all appro2 priate relief including injunctive relief, compen3 satory and punitive damages. 

4 ‘‘(B) CIVIL ACTIONS TO COMPEL COMPLI5 ANCE.—A person on whose behalf an order was 

6 issued under paragraph (4) may commence a 

7 civil action against the person to whom such 

8 order was issued to require compliance with 

9 such order. The appropriate United States dis10 trict court shall have jurisdiction, without re11 gard to the amount in controversy or the citi12 zenship of the parties, to enforce such order. 

13 ‘‘(C) AWARD OF COSTS AUTHORIZED.— 

14 The court, in issuing any final order under this 

15 paragraph, may award costs of litigation (in16 cluding reasonable attorney and expert witness 

17 fees) to any party, whenever the court deter18 mines such award is appropriate. 

19 ‘‘(D) MANDAMUS PROCEEDINGS.—Any 

20 nondiscretionary duty imposed by this section 

21 shall be enforceable in a mandamus proceeding 

22 brought under section 1361 of title 28, United 

23 States Code. 

24 ‘‘(d) UNENFORCEABILITY OF CERTAIN AGREE25 MENTS.—Notwithstanding any other provision of law, the 


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1 rights and remedies provided for in this section may not 

2 be waived by any agreement, policy, form, or condition of 

3 employment, including by any predispute arbitration 

4 agreement. 

5 ‘‘(e) SAVINGS.—Nothing in this subsection shall be 

6 construed to diminish the rights, privileges, or remedies 

7 of any employee who exercises rights under any Federal 

8 or State law or common law, or under any collective bar9 gaining agreement.’’. 

10 (c) Section 203(b) of the Labor-Management Report11 ing and Disclosure Act of 1959 (29 U.S.C. 433(b)) is 

12 amended in the matter following paragraph (2)— 

13 (1) by striking the period at the end; and 

14 (2) by inserting ‘‘and shall make such informa15 tion available to the public in a readily accessible 

16 and searchable electronic format, and through a se17 cure software application for use on an electronic de18 vice.’’. 

19 TITLE III—OTHER MATTERS 

20 SEC. 301. ELECTRONIC VOTING IN UNION ELECTIONS. 

21 (a) IN GENERAL.— 

22 (1) ELECTRONIC VOTING SYSTEM.—Notwith23 standing any other provision of law, subject to the 

24 provisions of this section, not later than 1 year after 

25 the date of the enactment of this Act, the National 


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1 Labor Relations Board shall implement a system 

2 and procedures to conduct representation elections 

3 remotely using an electronic voting system. 

4 (2) PROCEDURES.—The procedures under para5 graph (1) shall ensure that each employee voting in 

6 a representation election may choose to cast a vote 

7 using either an internet voting system or a telephone 

8 voting system. 

9 (b) REPORT.—Not later than 1 year after the date 

10 of the enactment of this Act, and in each subsequent re11 port under Section 3(c) of the National Labor Relations 

12 Act, as amended, the Board shall submit to Congress a 

13 report containing a description of the following: 

14 (1) For each representation petition under sec15 tion 9 of the National Labor Relations Act filed— 

16 (A) the case name and case number; 

17 (B) the number of days between the peti18 tion and the election; 

19 (C) the number of days between the stipu20 lation or direction of election and the election; 

21 (D) the method of the election; 

22 (E) the results of the election; and 

23 (F) the number of eligible voters, the num24 ber of voters participating in the election, and 


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1 the method by which each of the voters sub2 mitted their vote. 

3 (2) The total cost of conducting all elections the 

4 Board conducted through the system and procedures 

5 required by subsection (a). 

6 (c) DEFINITIONS.—In this section: 

7 (1) ELECTRONIC VOTING SYSTEM.—The term 

8 ‘‘electronic voting system’’— 

9 (A) includes an internet voting system and 

10 a telephone voting system; and 

11 (B) does not include machines used for 

12 casting votes at a polling site or an electronic 

13 tabulation system where votes are cast non-elec14 tronically but counted electronically (such as a 

15 punch card or optical scanning system). 

16 (2) INTERNET VOTING SYSTEM.—The term 

17 ‘‘internet voting system’’ means an internet-based 

18 voting system that allows a participant to cast a bal19 lot remotely using a personal computer or other mo20 bile electronic device that is connected to the inter21 net. 

22 (3) TELEPHONE VOTING SYSTEM.—The term 

23 ‘‘telephone voting system’’ means a voting system in 

24 which participants may cast a vote remotely using a 

25 telephone. 


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1 (4) REMOTELY.—The term ‘‘remotely’’, used 

2 with respect to voting in a representation election, 

3 means a vote may be cast at any site chosen by a 

4 participant in such election. 

5 (5) REPRESENTATION ELECTION.—The term 

6 ‘‘representation election’’ means a representation 

7 election under section 9 of the National Labor Rela8 tions Act (29 U.S.C. 159). 

9 SEC. 302. GAO REPORT ON SECTORAL BARGAINING. 

10 (a) IN GENERAL.—Not later than 3 years after the 

11 date of enactment of this Act, the Comptroller General 

12 shall conduct a review of collective bargaining at the sec13 toral level in a geographically diverse set of countries 

14 where sectoral bargaining is facilitated and prepare and 

15 submit to Congress a report with respect to such countries 

16 that— 

17 (1) identifies, analyzes, and compares— 

18 (A) the laws and policies governing or re19 lated to collective bargaining at the sectoral 

20 level; 

21 (B) the administrative systems facilitating 

22 such bargaining; and 

23 (C) the procedures involved in sectoral bar24 gaining; 


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1 (2) to the extent practicable, consider reported 

2 effects of the policies and procedures described in 

3 paragraph (1) on— 

4 (A) the wages and compensation of em5 ployees; 

6 (B) the number of full-time and part-time 

7 employees; 

8 (C) prices, sales, and revenues; 

9 (D) employee turnover and retention; 

10 (E) hiring and training costs; 

11 (F) productivity and absenteeism; and 

12 (G) the development of emerging indus13 tries, including those that engage their 

14 workforces through technology; and 

15 (3) describes the methodology used to generate 

16 the information in the report. 

17 SEC. 303. SEVERABILITY. 

18 If any provision of this Act or the application thereof 

19 to any person or circumstance is held invalid, the remain20 der of this Act, or the application of that provision to per21 sons or circumstances other than those as to which it is 

22 held invalid, is not affected thereby. 


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1 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

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

4 Act and the amendments made by this Act. 

5 SEC. 305. RULE OF CONSTRUCTION. 

6 The amendments made under this Act shall not be 

7 construed to amend section 274A of the Immigration and 

8 Nationality Act (8 U.S.C. 1324a). 

9 SEC. 306. RULE OF CONSTRUCTION. 

10 The amendments made by this Act shall not be con11 strued to affect the jurisdictional standards of the Na12 tional Labor Relations Board, including any standards 

13 that measure the size of a business with respect to reve14 nues, that are used to determine whether an industry is 

15 affecting commerce for purposes of determining coverage 

16 under the National Labor Relations Act (29 U.S.C. 151 

17 et seq.). 

18 SEC. 307. RULE OF CONSTRUCTION. 

19 Nothing in this Act or the amendments made by this 

20 Act shall be construed to affect the privacy of employees 

21 with respect to voter lists provided to labor organizations 

22 by employers pursuant to elections directed by the Board. 

23 SEC. 308. RULE OF CONSTRUCTION. 

24 The amendments made under this Act shall not be 

25 construed to affect the definitions of ‘‘employer’’ or ‘‘em26 ployee’’ under the laws of any State that govern the wages, 


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1 work hours, workers’ compensation, or unemployment in2 surance of employees. 

3 SEC. 309. GAO REPORT. 

4 (a) IN GENERAL.—The Comptroller General, through 

5 the Government Accountability Office, shall one year after 

6 the date of enactment of this Act commence a study on 

7 the impact of Section 101(a) and Section 101(b) of this 

8 Act regarding— 

9 (1) the effect on coverage of employees under of 

10 the National Labor Relations Act, and the impact 

11 from such change in coverage, on their capacity in 

12 various sectors to form unions and collectively bar13 gain as a means to improve wages, benefits, work14 place safety, and other working conditions; and 

15 (2) the effect on employers and other enter16 prises regarding the right of employees to organize 

17 and collectively bargain over wages, benefits, work18 place safety, and other working conditions in such 

19 sectors. 

20 (b) FACTORS.—Such study shall identify, compare, 

21 and analyze impacts from changes implicated by Section 

22 101(a) and Section 101(b) on— 

23 (1) flexibility for employees with respect to 

24 hours, shifts, assignments and working arrange25 ments; 


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1 (2) rates of compensation, health care, and em2 ployee benefits; 

3 (3) resolution of grievances and disputes, in4 cluding employers’ ability to terminate and employ5 ees’ right to due process; 

6 (4) use of technology or algorithms, including 

7 the adoption of new technology and algorithms; and 

8 (5) workplace safety and health. 

9 (c) STAKEHOLDER INPUT.—In preparing the report, 

10 the Government Accountability Office shall gather infor11 mation from impacted stakeholders, including various 

12 business enterprises and labor organizations. In devel13 oping a list of stakeholders, the Government Account14 ability Office shall consult with the House Committee on 

15 Education and the Workforce and the Senate Committee 

16 on Health, Education, Labor, and Pensions. 

17 (d) CONGRESSIONAL REPORT.—Six months after the 

18 commencement of the study, the Government Account19 ability Office shall transmit its findings and report to the 

20 Committee on Education and the Workforce of the House 

21 of Representatives and the Committee on Health, Edu22 cation, Labor, and Pensions of the Senate, and consistent 

23 with its policies, make its findings and report available to 

24 the public. 


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1 (e) PRESIDENTIAL CONSIDERATION.—The President, 

2 in consultation with the Department of Labor and other 

3 agencies as the President deems appropriate, shall, subse4 quent to the issuance of such report, consider such find5 ings, and within 60 days may recommend that the House 

6 of Representatives and the Senate modify section 101(a) 

7 or section 101(b), or both or make no recommendations. 

8 (f) SENSE OF THE HOUSE OF REPRESENTATIVES.— 

9 It is the sense of the House of Representatives that the 

10 House of Representatives shall consider whether to accept, 

11 reject, or modify any recommendations received under (e), 

12 as it deems appropriate. 

Æ 


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