II 

116TH CONGRESS 

1ST SESSION S. 1306 

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 

MAY 2, 2019 

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

Mr. BOOKER, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, Mr. CARPER, 

Mr. CASEY, Mr. COONS, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. 

DURBIN, Mrs. FEINSTEIN, Mrs. GILLIBRAND, Ms. HARRIS, Ms. HASSAN, 

Mr. HEINRICH, Ms. HIRONO, Ms. KLOBUCHAR, Mr. LEAHY, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mr. PETERS, Mr. 

REED, Ms. ROSEN, Mr. SANDERS, Mr. SCHATZ, Mrs. SHAHEEN, Ms. 

SMITH, Ms. STABENOW, Mr. TESTER, Mr. UDALL, Mr. VAN HOLLEN, 

Ms. WARREN, Mr. WHITEHOUSE, and Mr. WYDEN) 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting the Right 

3 to Organize Act of 2019’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The National Labor Relations Act (29 

7 U.S.C. 151 et seq.) was enacted to encourage the 

8 practice of collective bargaining and to protect the 

9 exercise by workers of full freedom of association in 

10 the workplace. Since its enactment in 1935, tens of 

11 millions of workers have bargained with their em12 ployers over wages, benefits, and other terms and 

13 conditions of employment and have raised the stand14 ard of living for all workers. 

15 (2) According to the Bureau of Labor Statis16 tics, union members earn 25.6 percent more than 

17 workers who are not covered by a collective bar18 gaining agreement. Workers who are represented by 

19 a union are 28 percent more likely to be offered 

20 health insurance through work and nearly five times 

21 more likely to have defined benefit pensions. The 

22 wage differential is significant for women and people 

23 of color. African-American union members earn 25 

24 percent more than African-American workers who 

25 are not covered by a collective bargaining agreement, 

26 and Latino union members earn 42.6 percent more 


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1 than Latino workers who are not covered by a collec2 tive bargaining agreement. Women union members 

3 earn 30 percent more than women who are not cov4 ered by a collective bargaining agreement, and the 

5 wage gap between men and women is much smaller 

6 at workplaces covered by a collective bargaining 

7 agreement because collective bargaining agreements 

8 ensure the same rate is paid to workers for a par9 ticular job without regard to gender. The wage and 

10 benefit gains achieved through collective bargaining 

11 agreements benefit both workers and their commu12 nities. 

13 (3) Unions and collective bargaining ensure 

14 that productivity gains are shared by working peo15 ple. The decline in the percentage of workers covered 

16 by collective bargaining has contributed to sky17 rocketing income inequality and wage stagnation for 

18 the average worker. 

19 (4) The National Labor Relations Act protects 

20 the right of workers to join together with their co21 workers in concerted activities for their mutual aid 

22 or protection. This protection applies broadly to all 

23 concerted activities by workers aimed at improving 

24 the terms and conditions of their employment or aid25 ing each other in any way, regardless of whether 


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1 workers are seeking to form a union or engage in 

2 collective bargaining with their employer. 

3 (5) The Act protects the right of workers to 

4 discuss issues like pay and benefits without retalia5 tion or interference by employers. However, the 

6 awareness of workers regarding their rights under 

7 the Act is lacking, due in part to the absence of any 

8 legally required notice informing workers of the 

9 rights and responsibilities under the Act. Many em10 ployers maintain policies that restrict the ability of 

11 workers to discuss workplace issues with each other, 

12 directly contravening these rights. Research shows 

13 that more than one half of workers report that their 

14 employers have policies that prohibit or discourage 

15 workers from discussing pay with their coworkers. 

16 These policies and practices impede workers from 

17 exercising their rights under the Act and impair 

18 their freedom of association at work. 

19 (6) Retaliation by employers against workers 

20 who exercise their rights under the National Labor 

21 Relations Act persists at troubling levels. Employers 

22 routinely fire workers for trying to form a union at 

23 their workplace. In one out of three organizing cam24 paigns, one or more workers are discharged for sup25 porting or joining a union. 


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1 (7) The current remedies are inadequate to 

2 deter employers from violating the National Labor 

3 Relations Act. The remedies and penalties for viola4 tions of the Act are far weaker than for other labor 

5 and employment laws. Unlike other major labor and 

6 employment laws, there are no civil penalties for vio7 lations of the National Labor Relations Act. Work8 ers cannot go to court to pursue relief on their own 

9 and must rely on the National Labor Relations 

10 Board to prosecute their case. Should the Board de11 cline to prosecute for any reason, aggrieved workers 

12 have no other remedy. 

13 (8) Unlike orders of other Federal agencies, the 

14 orders of the National Labor Relations Board are 

15 not enforced until the Board seeks enforcement from 

16 a court of appeals. As far back as 1969, the Admin17 istrative Conference of the United States recognized 

18 that the absence of a self-enforcing agency order im19 poses wasteful delays in the enforcement of the Na20 tional Labor Relations Act, and recommended that 

21 the Board’s orders be made self-enforcing like those 

22 of other agencies. Congress did not act upon this 

23 recommendation, and delays in the Board’s enforce24 ment remain a problem undermining the effective25 ness of the Act. 


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1 (9) Many workers do not currently enjoy the 

2 protections of the National Labor Relations Act be3 cause they are excluded from coverage under the Act 

4 or interpretations of the Act. 

5 (10) Too often, workers who choose to form 

6 unions are frustrated when their employers use delay 

7 and other tactics to avoid reaching an initial collec8 tive bargaining agreement. Estimates are that in as 

9 many as half of new organizing campaigns, workers 

10 and their employers fail to reach an initial collective 

11 bargaining agreement. 

12 (11) While the National Labor Relations Act 

13 guarantees workers the right to strike, courts have 

14 permitted employers to ‘‘permanently replace’’ work15 ers who exercise their right to strike. This is con16 trary to Congress’s intent in enacting the National 

17 Labor Relations Act and has led to confusion among 

18 workers regarding their right to strike. 

19 (12) Hearings under section 9 of the National 

20 Labor Relations Act (29 U.S.C. 159) exist to assure 

21 workers the fullest freedom in exercising the rights 

22 guaranteed by the Act. However, some employers 

23 have abused the representation process of the Na24 tional Labor Relations Board to impede workers 


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1 from freely choosing their own representatives and 

2 exercising their rights under the Act. 

3 (13) So-called ‘‘right-to-work’’ laws do not give 

4 any worker the right to a job. While Federal law re5 quires unions to fairly represent all members of a 

6 given bargaining unit, and thereby expend resources 

7 on all unit members, many States’ so-called ‘‘right8 to-work’’ laws prohibit unions from charging all 

9 members for the representation and services that the 

10 unions are legally obliged to render. Section 14(b) of 

11 the National Labor Relations Act (29 U.S.C. 

12 164(b)) must be reformed to permit unions and em13 ployers to mutually agree that payment of fair share 

14 fees shall be a condition of employment following ini15 tial hiring. 

16 (14) Restrictions on so-called ‘‘secondary boy17 cotts’’ and ‘‘recognitional picketing’’ unduly impede 

18 workers’ ability to engage in peaceful conduct and 

19 expression. Workers must be free to act in solidarity 

20 with workers in other workplaces in order to improve 

21 labor standards and achieve other lawful ends for 

22 mutual aid or protection. 

23 (15) In order to make the right to collective 

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1 place a reality for workers, the National Labor Rela2 tions Act must be strengthened. 

3 SEC. 3. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to strengthen protections for workers en6 gaged in collective bargaining to improve their 

7 wages, hours, and terms and conditions of employ8 ment; 

9 (2) to expand coverage under the National 

10 Labor Relations Act (29 U.S.C. 151 et seq.) to more 

11 workers; 

12 (3) to provide a process by which workers and 

13 employers can successfully negotiate an initial collec14 tive bargaining agreement; 

15 (4) to provide a stronger deterrent and fairer 

16 remedies for workers who face retaliation, discrimi17 nation, or other interference with their legal rights 

18 to act concertedly, join a union, or engage in collec19 tive bargaining; 

20 (5) to broadly protect workers’ right to engage 

21 in concerted activities for mutual aid or protection; 

22 (6) to streamline the enforcement procedures of 

23 the National Labor Relations Board to provide for 

24 more timely and effective enforcement of the law; 


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1 (7) to safeguard the right to strike by prohib2 iting ‘‘permanent replacement’’ of striking workers; 

3 (8) to repeal specific prohibitions on collective 

4 action and peaceful expression; 

5 (9) to permit fair share fee arrangements in 

6 order to promote workers’ freedom of association 

7 and encourage the practice of collective bargaining; 

8 (10) to improve the purchasing power of wage 

9 earners in industry; 

10 (11) to promote the stabilization of fair wage 

11 rates and humane working conditions within and be12 tween industries; and 

13 (12) to redress the inequality of bargaining 

14 power between workers and employers. 

15 SEC. 4. AMENDMENTS TO THE NATIONAL LABOR RELA16 TIONS ACT. 

17 (a) DEFINITIONS.— 

18 (1) JOINT EMPLOYER.—Section 2(2) of the Na19 tional Labor Relations Act (29 U.S.C. 152(2)) is 

20 amended by adding at the end the following: ‘‘Two 

21 or more persons shall be employers with respect to 

22 an employee if each such person codetermines or 

23 shares control over the employee’s essential terms 

24 and conditions of employment. In determining 

25 whether such control exists, the Board or a court of 


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1 competent jurisdiction shall consider as relevant di2 rect control and indirect control over such terms and 

3 conditions, reserved authority to control such terms 

4 and conditions, and control over such terms and con5 ditions exercised by a person in fact: Provided, That 

6 nothing herein precludes a finding that indirect or 

7 reserved control standing alone can be sufficient 

8 given specific facts and circumstances.’’. 

9 (2) EMPLOYEE.—Section 2(3) of the National 

10 Labor Relations Act (29 U.S.C. 152(3)) is amended 

11 by adding at the end the following: ‘‘An individual 

12 performing any service shall be considered an em13 ployee (except as provided in the previous sentence) 

14 and not an independent contractor, unless— 

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

16 direction in connection with the performance of 

17 the service, both under the contract for the per18 formance of service and in fact; 

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

20 usual course of the business of the employer; 

21 and 

22 ‘‘(C) the individual is customarily engaged 

23 in an independently established trade, occupa24 tion, profession, or business of the same nature 

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


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1 (3) SUPERVISOR.—Section 2(11) of the Na2 tional Labor Relations Act (29 U.S.C. 152(11)) is 

3 amended— 

4 (A) by inserting ‘‘and for a majority of the 

5 individual’s worktime’’ after ‘‘interest of the 

6 employer’’; 

7 (B) by striking ‘‘assign,’’; and 

8 (C) by striking ‘‘or responsibly to direct 

9 them,’’. 

10 (b) APPOINTMENT.—Section 4(a) of the National 

11 Labor Relations Act (29 U.S.C. 154(a)) is amended by 

12 striking ‘‘, or for economic analysis’’. 

13 (c) UNFAIR LABOR PRACTICES.—Section 8 of the 

14 National Labor Relations Act (29 U.S.C. 158) is amend15 ed— 

16 (1) in subsection (a)— 

17 (A) in paragraph (5), by striking the pe18 riod and inserting ‘‘; and’’; and 

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

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

21 ‘‘(A) to permanently replace an employee 

22 who participates in a strike as defined by sec23 tion 501(2) of the Labor Management Rela24 tions Act, 1947 (29 U.S.C. 142(2)); or 


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1 ‘‘(B) to discriminate against an employee 

2 who is working or has unconditionally offered to 

3 return to work for the employer because the 

4 employee supported or participated in such a 

5 strike.’’; 

6 (2) in subsection (b)— 

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

8 (B) by redesignating paragraphs (5) and 

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

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

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

12 and’’; and 

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

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

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

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

17 That it shall be an unfair labor practice under sub18 section (a)(1) for any employer to require or coerce 

19 an employee to attend or participate in such employ20 er’s campaign activities unrelated to the employee’s 

21 job duties, including activities that are subject to the 

22 requirements under section 203(b) of the Labor23 Management Reporting and Disclosure Act of 1959 

24 (29 U.S.C. 433(b)).’’; 

25 (4) in subsection (d)— 


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1 (A) by redesignating paragraphs (1) 

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

3 respectively; 

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

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

6 section’’; 

7 (C) by striking ‘‘The duties imposed’’ and 

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

9 (D) by striking ‘‘by paragraphs (2), (3), 

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

11 (C), and (D) of paragraph (1)’’; 

12 (E) by striking ‘‘section 8(d)(1)’’ and in13 serting ‘‘paragraph (1)(A)’’; 

14 (F) by striking ‘‘section 8(d)(3)’’ and in15 serting ‘‘paragraph (1)(C)’’ in each place it ap16 pears; 

17 (G) by striking ‘‘section 8(d)(4)’’ and in18 serting ‘‘paragraph (1)(D)’’; and 

19 (H) by adding at the end the following: 

20 ‘‘(3) Whenever collective bargaining is for the 

21 purpose of establishing an initial collective bar22 gaining agreement following certification or recogni23 tion of a labor organization, the following shall 

24 apply: 


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1 ‘‘(A) Not later than 10 days after receiving 

2 a written request for collective bargaining from 

3 an individual or labor organization that has 

4 been newly recognized or certified as a rep5 resentative as defined in section 9(a), or within 

6 such further period as the parties agree upon, 

7 the parties shall meet and commence to bargain 

8 collectively and shall make every reasonable ef9 fort to conclude and sign a collective bargaining 

10 agreement. 

11 ‘‘(B) If after the expiration of the 90-day 

12 period beginning on the date on which bar13 gaining is commenced, or such additional period 

14 as the parties may agree upon, the parties have 

15 failed to reach an agreement, either party may 

16 notify the Federal Mediation and Conciliation 

17 Service of the existence of a dispute and re18 quest mediation. Whenever such a request is re19 ceived, it shall be the duty of the Service 

20 promptly to put itself in communication with 

21 the parties and to use its best efforts, by medi22 ation and conciliation, to bring them to agree23 ment. 

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

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1 quest for mediation is made under subpara2 graph (B), or such additional period as the par3 ties may agree upon, the Service is not able to 

4 bring the parties to agreement by conciliation, 

5 the Service shall refer the dispute to a tripartite 

6 arbitration panel established in accordance with 

7 such regulations as may be prescribed by the 

8 Service, with one member selected by the labor 

9 organization, one member selected by the em10 ployer, and one neutral member mutually 

11 agreed to by the parties. A majority of the tri12 partite arbitration panel shall render a decision 

13 settling the dispute and such decision shall be 

14 binding upon the parties for a period of two 

15 years, unless amended during such period by 

16 written consent of the parties. Such decision 

17 shall be based on— 

18 ‘‘(i) the employer’s financial status 

19 and prospects; 

20 ‘‘(ii) the size and type of the employ21 er’s operations and business; 

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

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

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1 pendents on the wages and benefits they 

2 earn from the employer; and 

3 ‘‘(v) the wages and benefits other em4 ployers in the same business provide their 

5 employees.’’; 

6 (5) by amending subsection (e) to read as fol7 lows: 

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

9 States Code (commonly known as the ‘Federal Arbitration 

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

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

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

13 agreement, express or implied, whereby prior to a 

14 dispute to which the agreement applies, an employee 

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

16 litigate, or support any kind of joint, class, or collec17 tive claim arising from or relating to the employ18 ment of such employee in any forum that, but for 

19 such agreement, is of competent jurisdiction; 

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

21 promising not to pursue, bring, join, litigate, or sup22 port any kind of joint, class, or collective claim aris23 ing from or relating to the employment of such em24 ployee; or 


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

2 an employee for refusing to undertake or promise 

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

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

5 or relating to the employment of such employee: 

6 Provided, That any agreement that violates this subsection 

7 or results from a violation of this subsection shall be to 

8 such extent unenforceable and void: Provided further, That 

9 this subsection shall not apply to any agreement embodied 

10 in or expressly permitted by a contract between an em11 ployer and a labor organization.’’; 

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

13 the last sentence of section 8(d) of this Act’’ and in14 serting ‘‘subsection (d)(2)(B)’’; and 

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

16 ‘‘(h)(1) The Board shall promulgate regulations re17 quiring each employer to post and maintain, in con18 spicuous places where notices to employees and applicants 

19 for employment are customarily posted both physically and 

20 electronically, a notice setting forth the rights and protec21 tions afforded employees under this Act. The Board shall 

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

23 notice. The Board shall promulgate regulations requiring 

24 employers to notify each new employee of the information 


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1 contained in the notice described in the preceding two sen2 tences. 

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

4 section 9(c) or approves an election agreement, the em5 ployer of employees in the bargaining unit shall, not later 

6 than two business days after the Board directs such elec7 tion or approves such election agreement, provide a voter 

8 list to a labor organization that has petitioned to represent 

9 such employees. Such voter list shall include the names 

10 of all employees in the bargaining unit and such employ11 ees’ home addresses, work locations, shifts, job classifica12 tions, and, if available to the employer, personal landline 

13 and mobile telephone numbers, and work and personal 

14 email addresses. Not later than nine months after the date 

15 of enactment of the Protecting the Right to Organize Act 

16 of 2019, the Board shall promulgate regulations imple17 menting the requirements of this paragraph.’’. 

18 (d) REPRESENTATIVES AND ELECTIONS.—Section 9 

19 of the National Labor Relations Act (29 U.S.C. 159) is 

20 amended— 

21 (1) in subsection (c)— 

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

23 follows: 

24 ‘‘(1) Whenever a petition shall have been filed, 

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1 scribed by the Board, by an employee or group of 

2 employees or any individual or labor organization 

3 acting in their behalf alleging that a substantial 

4 number of employees (i) wish to be represented for 

5 collective bargaining and that their employer de6 clines to recognize their representative as the rep7 resentative defined in section 9(a), or (ii) assert that 

8 the individual or labor organization, which has been 

9 certified or is being recognized by their employer as 

10 the bargaining representative, is no longer a rep11 resentative as defined in section 9(a), the Board 

12 shall investigate such petition and if it has reason13 able cause to believe that a question of representa14 tion affecting commerce exists shall provide for an 

15 appropriate hearing upon due notice. Such hearing 

16 may be conducted by an officer or employee of the 

17 regional office, who shall not make any recommenda18 tions with respect thereto. If the Board finds upon 

19 the record of such hearing that such a question of 

20 representation exists, it shall direct an election by 

21 secret ballot and shall certify the results thereof. No 

22 employer shall have standing as a party or to inter23 vene in any representation proceeding under this 

24 section.’’; 


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1 (B) in paragraph (3), by striking ‘‘an eco2 nomic strike who are not entitled to reinstate3 ment’’ and inserting ‘‘a strike’’; 

4 (C) by redesignating paragraphs (4) and 

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

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

7 following: 

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

9 under paragraph (1), a majority of the valid votes 

10 cast in a unit appropriate for purposes of collective 

11 bargaining have been cast in favor of representation 

12 by the labor organization, the Board shall certify the 

13 labor organization as the representative of the em14 ployees in such unit and shall issue an order requir15 ing the employer of such employees to collectively 

16 bargain with the labor organization in accordance 

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

18 order under section 10(c) of this Act, without need 

19 for a determination of an unfair labor practice. 

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

21 under paragraph (1), a majority of the valid votes 

22 cast in a unit appropriate for purposes of collective 

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1 miss the petition, subject to subparagraphs (B) and 

2 (C). 

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

4 valid votes cast in a unit appropriate for purposes 

5 of collective bargaining have not been cast in favor 

6 of representation by the labor organization and the 

7 Board determines that the election should be set 

8 aside because the employer has committed a viola9 tion of this Act or otherwise interfered with a fair 

10 election, and the employer has not demonstrated 

11 that the violation or other interference is unlikely to 

12 have affected the outcome of the election, the Board 

13 shall, without ordering a new election, certify the 

14 labor organization as the representative of the em15 ployees in such unit and issue an order requiring the 

16 employer to bargain with the labor organization in 

17 accordance with section 8(d) if, at any time during 

18 the period beginning one year preceding the date of 

19 the commencement of the election and ending on the 

20 date upon which the Board makes the determination 

21 of a violation or other interference, a majority of the 

22 employees in the bargaining unit have signed author23 izations designating the labor organization as their 

24 collective bargaining representative. 


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1 ‘‘(C) In any case where the Board determines 

2 that an election under this paragraph should be set 

3 aside, the Board shall direct a new election with ap4 propriate additional safeguards necessary to ensure 

5 a fair election process, except in cases where the 

6 Board issues a bargaining order under subparagraph 

7 (B).’’; and 

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

9 redesignated, the following: 

10 ‘‘(8) Except under extraordinary cir11 cumstances— 

12 ‘‘(A) a pre-election hearing under this sub13 section shall begin not later than eight days 

14 after a notice of such hearing is served on the 

15 labor organization; and 

16 ‘‘(B) a post-election hearing under this 

17 subsection shall begin not later than 14 days 

18 after the filing of objections, if any.’’; and 

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

20 inserting ‘‘(d) or’’. 

21 (e) PREVENTION OF UNFAIR LABOR PRACTICES.— 

22 Section 10(c) of the National Labor Relations Act (29 

23 U.S.C. 160(c)) is amended by striking ‘‘suffered by him’’ 

24 and inserting ‘‘suffered by such employee: Provided fur25 ther, That if the Board finds that an employer has disVerDate Sep 11 2014 21:26 May 07, 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1306.IS S1306

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1 criminated against an employee in violation of paragraph 

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

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

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

5 shall award the employee back pay without any reduction 

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

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

8 (when appropriate), consequential damages, and an addi9 tional amount as liquidated damages equal to two times 

10 the amount of damages awarded: Provided further, no re11 lief under this subsection shall be denied on the basis that 

12 the employee is, or was during the time of relevant em13 ployment or during the back pay period, an unauthorized 

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

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

16 provision of Federal law relating to the unlawful employ17 ment of aliens’’. 

18 (f) ENFORCING COMPLIANCE WITH ORDERS OF THE

19 BOARD.— 

20 (1) IN GENERAL.—Section 10 of the National 

21 Labor Relations Act (29 U.S.C. 160) is further 

22 amended— 

23 (A) by striking subsection (e); 

24 (B) by redesignating subsection (d) as sub25 section (e); 


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1 (C) by inserting after subsection (c) the 

2 following: 

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

4 upon issuance of such order, unless otherwise directed by 

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

6 the Board or unless a court of competent jurisdiction 

7 issues a superseding order. 

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

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

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

11 which shall accrue to the Board and may be recovered in 

12 a civil action brought by the Board to the district court 

13 of the United States in which the unfair labor practice 

14 or other subject of the order occurred, or in which such 

15 person or entity resides or transacts business. No action 

16 by the Board under this paragraph may be made until 

17 30 days following the issuance of an order. Each separate 

18 violation of such an order shall be a separate offense, ex19 cept that, in the case of a violation in which a person fails 

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

21 each day such failure or neglect continues shall be deemed 

22 a separate offense. 

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

24 notice and an opportunity to be heard regarding a civil 

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


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1 order, the court determines that the order was regularly 

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

3 in disobedience of the same, the court shall enforce obedi4 ence to such order by an injunction or other proper proc5 ess, mandatory or otherwise, to— 

6 ‘‘(A) restrain such person or entity or the offi7 cers, agents, or representatives of such person or en8 tity, from further disobedience to such order; or 

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

10 agents, or representatives to obedience to the 

11 same.’’; 

12 (D) in subsection (f)— 

13 (i) by striking ‘‘proceed in the same 

14 manner as in the case of an application by 

15 the Board under subsection (e) of this sec16 tion,’’ and inserting ‘‘proceed as provided 

17 under paragraph (2) of this subsection’’; 

18 (ii) by striking ‘‘Any’’ and inserting 

19 the following: 

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

21 order, any’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(2) No objection that has not been urged be25 fore the Board, its member, agent, or agency shall 


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1 be considered by a court, unless the failure or ne2 glect to urge such objection shall be excused because 

3 of extraordinary circumstances. The findings of the 

4 Board with respect to questions of fact if supported 

5 by substantial evidence on the record considered as 

6 a whole shall be conclusive. If either party shall 

7 apply to the court for leave to adduce additional evi8 dence and shall show to the satisfaction of the court 

9 that such additional evidence is material and that 

10 there were reasonable grounds for the failure to ad11 duce such evidence in the hearing before the Board, 

12 its member, agent, or agency, the court may order 

13 such additional evidence to be taken before the 

14 Board, its member, agent, or agency, and to be 

15 made a part of the record. The Board may modify 

16 its findings as to the facts, or make new findings, 

17 by reason of additional evidence so taken and filed, 

18 and it shall file such modified or new findings, which 

19 findings with respect to questions of fact if sup20 ported by substantial evidence on the record consid21 ered as a whole shall be conclusive, and shall file its 

22 recommendations, if any, for the modification or set23 ting aside of its original order. Upon the filing of the 

24 record with it the jurisdiction of the court shall be 

25 exclusive and its judgment and decree shall be final, 


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1 except that the same shall be subject to review by 

2 the appropriate United States court of appeals if ap3 plication was made to the district court, and by the 

4 Supreme Court of the United States upon writ of 

5 certiorari or certification as provided in section 1254 

6 of title 28, United States Code.’’; and 

7 (E) in subsection (g), by striking ‘‘sub8 section (e) or (f) of this section’’ and inserting 

9 ‘‘subsection (d) or (f)’’. 

10 (2) CONFORMING AMENDMENT.—Section 18 of 

11 the National Labor Relations Act (29 U.S.C. 168) 

12 is amended by striking ‘‘section 10 (e) or (f)’’ and 

13 inserting ‘‘subsection (d) or (f) of section 10’’. 

14 (g) INJUNCTIONS AGAINST UNFAIR LABOR PRAC15 TICES INVOLVING DISCHARGE OR OTHER SERIOUS ECO16 NOMIC HARM.—Section 10 of the National Labor Rela17 tions Act (29 U.S.C. 160) is amended— 

18 (1) in subsection (j)— 

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

20 ‘‘(1) The Board’’; and 

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

22 ‘‘(2) Notwithstanding subsection (m), whenever 

23 it is charged that an employer has engaged in an 

24 unfair labor practice within the meaning of para25 graph (1) or (3) of section 8(a) that significantly 


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1 interferes with, restrains, or coerces employees in 

2 the exercise of the rights guaranteed under section 

3 7, or involves discharge or other serious economic 

4 harm to an employee, the preliminary investigation 

5 of such charge shall be made forthwith and given 

6 priority over all other cases except cases of like char7 acter in the office where it is filed or to which it is 

8 referred. If, after such investigation, the officer or 

9 regional attorney to whom the matter may be re10 ferred has reasonable cause to believe such charge is 

11 true and that a complaint should issue, such officer 

12 or attorney shall bring a petition for appropriate 

13 temporary relief or restraining order as set forth in 

14 paragraph (1). The district court shall grant the re15 lief requested unless the court concludes that there 

16 is no reasonable likelihood that the Board will suc17 ceed on the merits of the Board’s claim.’’; and 

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

19 (h) PENALTIES.— 

20 (1) IN GENERAL.—Section 12 of the National 

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

22 (A) by striking ‘‘Sec. 12. Any person’’ and 

23 inserting the following: 


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1 ‘‘SEC. 12. PENALTIES. 

2 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH

3 BOARD.—Any person’’; and 

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

5 ‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS AND

6 VOTER LIST.—If the Board, or any agent or agency des7 ignated by the Board for such purposes, determines that 

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

9 thereunder, the Board shall— 

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

11 determination; 

12 ‘‘(2) issue and cause to be served on such em13 ployer an order requiring that such employer comply 

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

15 and 

16 ‘‘(3) impose a civil penalty in an amount deter17 mined appropriate by the Board, except that in no 

18 case shall the amount of such penalty exceed $500 

19 for each such violation. 

20 ‘‘(c) VIOLATIONS CAUSING SERIOUS ECONOMIC

21 HARM TO EMPLOYEES.— 

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

23 an unfair labor practice within the meaning of para24 graph (3) or (4) of section 8(a), or a violation of 

25 section 8(a) that results in the discharge of an em26 ployee or other serious economic harm to an emVerDate Sep 11 2014 21:26 May 07, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1306.IS S1306

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1 ployee, shall, in addition to any remedy ordered by 

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

3 not to exceed $50,000 for each violation, except that 

4 the Board shall double the amount of such penalty, 

5 to an amount not to exceed $100,000, in any case 

6 where the employer has within the preceding five 

7 years committed another such violation. 

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

9 amount of any civil penalty under this subsection, 

10 the Board 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 ‘‘(3) DIRECTOR AND OFFICER LIABILITY.—If 

19 the Board determines, based on the particular facts 

20 and circumstances presented, that a director or offi21 cer’s personal liability is warranted, a civil penalty 

22 for a violation described in this subsection may also 

23 be assessed against any director or officer of the em24 ployer who directed or committed the violation, had 

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


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1 had actual or constructive knowledge of and the au2 thority to prevent the violation and failed to prevent 

3 the violation. 

4 ‘‘(d) RIGHT TO CIVIL ACTION.— 

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

6 by reason of a violation of paragraph (1) or (3) of 

7 section 8(a) may, after 60 days following the filing 

8 of a charge with the Board alleging an unfair labor 

9 practice, bring a civil action in the appropriate dis10 trict court of the United States against the employer 

11 within 90 days after the expiration of the 60-day pe12 riod or the date the Board notifies the person that 

13 no complaint shall issue, whichever occurs earlier, 

14 provided that the Board has not filed a petition 

15 under section 10(j) of this Act prior to the expira16 tion of the 60-day period. No relief under this sub17 section shall be denied on the basis that the em18 ployee is, or was during the time of relevant employ19 ment or during the back pay period, an unauthor20 ized alien as defined in section 274A(h)(3) of the 

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

22 1324a(h)(3)) or any other provision of Federal law 

23 relating to the unlawful employment of aliens. 

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

25 action under paragraph (1) may include— 


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1 ‘‘(A) back pay without any reduction, in2 cluding any reduction based on the employee’s 

3 interim earnings or failure to earn interim earn4 ings; 

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

6 ‘‘(C) consequential damages; 

7 ‘‘(D) an additional amount as liquidated 

8 damages equal to two times the cumulative 

9 amount of damages awarded under subpara10 graphs (A) through (C); 

11 ‘‘(E) in appropriate cases, punitive dam12 ages in accordance with paragraph (4); and 

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

14 706(g) of the Civil Rights Act of 1964 (42 

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

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

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

18 under this subsection, the court may allow the pre19 vailing party a reasonable attorney’s fee (including 

20 expert fees) and other reasonable costs associated 

21 with maintaining the action. 

22 ‘‘(4) PUNITIVE DAMAGES.—In awarding puni23 tive damages under paragraph (2)(E), the court 

24 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 (2) CONFORMING AMENDMENTS.—Section 

9 10(b) of the National Labor Relations Act (29 

10 U.S.C. 160(b)) is amended— 

11 (A) by striking ‘‘six months’’ and inserting 

12 ‘‘180 days’’; and 

13 (B) by striking ‘‘the six-month period’’ and 

14 inserting ‘‘the 180-day period’’. 

15 (i) LIMITATIONS.—Section 13 of the National Labor 

16 Relations Act (29 U.S.C. 163) is amended by striking the 

17 period at the end and inserting the following: ‘‘: Provided, 

18 That the duration, scope, frequency, or intermittence of 

19 any strike or strikes shall not render such strike or strikes 

20 unprotected or prohibited.’’. 

21 (j) FAIR SHARE AGREEMENTS PERMITTED.—Section 

22 14(b) of the National Labor Relations Act (29 U.S.C. 

23 164(b)) is amended by striking the period at the end and 

24 inserting the following: ‘‘: Provided, That collective bar25 gaining agreements providing that all employees in a barVerDate Sep 11 2014 21:26 May 07, 2019 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1306.IS S1306

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1 gaining unit shall contribute fees to a labor organization 

2 for the cost of representation, collective bargaining, con3 tract enforcement, and related expenditures as a condition 

4 of employment shall be valid and enforceable notwith5 standing any State or Territorial law.’’. 

6 SEC. 5. AMENDMENTS TO THE LABOR MANAGEMENT RELA7 TIONS ACT, 1947. 

8 The Labor Management Relations Act, 1947 is 

9 amended— 

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

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

12 8(d) (which is required by clause (3) of such section 

13 8(d)), or within 10 days after the notice under 

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

15 National Labor Relations Act (which is required by 

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

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

18 Act’’; and 

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

20 SEC. 6. AMENDMENTS TO THE LABOR-MANAGEMENT RE21 PORTING AND DISCLOSURE ACT OF 1959. 

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

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

24 by striking the period at the end and inserting the fol25 lowing ‘‘: Provided, That this subsection shall not exempt 


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1 from the requirements of this section any arrangement or 

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

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

4 employee meetings; train supervisors or employer rep5 resentatives to conduct meetings; coordinate or direct ac6 tivities of supervisors or employer representatives; estab7 lish or facilitate employee committees; identify employees 

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

9 or revise employer personnel policies, speeches, presen10 tations, or other written, recorded, or electronic commu11 nications to be delivered or disseminated to employees.’’. 

12 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

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

15 Act, including any amendments made by this Act. 

Æ 


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