PLUS Act of 2022

To amend the National Labor Relations Act and the Labor Management Relations Act, 1947 to deter labor slowdowns and prohibit labor organizations from blocking modernization efforts at ports of the United States, and for other purposes. 1. Short title This Act may be cited as the Preventing Labor Union Slowdowns Act of 2022 PLUS Act of 2022 2. Deterring labor slowdowns and prohibiting labor organizations from blocking modernization at ports (a) Amendments to the National Labor Relations Act (1) Findings and policy Section 1 of the National Labor Relations Act ( 29 U.S.C. 151 International trade is one of the most important components of the economy of the United States and will likely continue to grow in the future. In order to remain competitive in an increasingly competitive global economy, it is essential that the United States possess a highly efficient and reliable public and private transportation network. The ports of the United States are an increasingly important part of such transportation network. Experience has demonstrated that frequent and periodic disruptions to commerce in the maritime industry in the form of deliberate and unprotected labor slowdowns, or impediments to modernization, at the ports of the United States have led to substantial supply chain and economic disruptions, interfering with the free flow of domestic and international commerce and threatening the economic health of the United States, as well as its citizens and businesses. Such frequent and periodic disruptions to commerce in the maritime industry hurt the reputation of the United States in the global economy, cause the ports of the United States to lose business, and represent a serious and burgeoning threat to the financial health and economic stability of the United States. It is hereby declared to be the policy of the United States to eliminate the causes and mitigate the effects of such disruptions to commerce in the maritime industry and to provide effective and prompt remedies to individuals injured by such disruptions. . (2) Deterring labor slowdowns at ports The National Labor Relations Act is amended— (A) in section 2 ( 29 U.S.C. 152 (15) The term employee engaged in maritime employment employee 33 U.S.C. 902(3) (16) The term labor slowdown (A) includes any intentional effort by employees to reduce productivity or efficiency in the performance of any duty of such employees; and (B) does not include any such effort required by the good faith belief of such employees that an abnormally dangerous condition exists at the place of employment of such employees. ; and (B) in section 8(b) ( 29 U.S.C. 158(b) (i) in paragraph (6), by striking and (ii) in paragraph (7), by striking the period at the end of the matter following subparagraph (C) and inserting a semicolon; and (iii) by adding at the end the following: (8) in representing, or seeking to represent, employees engaged in maritime employment, to engage in a labor slowdown at any time, including when a collective-bargaining agreement is in effect; and . (3) Prohibiting labor organizations from blocking modernization at ports Section 8(b) of the National Labor Relations Act ( 29 U.S.C. 158(b) (9) in representing, or seeking to represent, employees engaged in maritime employment, to— (A) impede or attempt to impede modernization efforts at a port, which thereby interferes with or otherwise impedes economic activity in relation to the national supply chain; or (B) interfere with or otherwise impede the servicing of any automated vessel operating without a crew. . (4) Preventing unfair labor practices Section 10(l) of the National Labor Relations Act ( 29 U.S.C. 160(l) or section 8(b)(7) or paragraph (7), (8), or (9) of section 8(b) (b) Amendments to the Labor Management Relations Act, 1947 Section 303 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 187 (1) in subsection (a), by striking in section 8(b)(4) under paragraph (4), (8), or (9) of section 8(b) (2) in subsection (b), by adding at the end the following: With respect to any unfair labor practice under paragraph (8) or (9) of section 8(b) of the National Labor Relations Act ( 29 U.S.C. 158(b) (3) by adding at the end the following: (c) In an action for damages resulting from a violation of section 8(b)(8) of the National Labor Relations Act ( 29 U.S.C. 158(b)(8) (1) in connection with a contractual grievance alleging a violation of a clause prohibiting a strike, or a similar clause, in a collective-bargaining agreement; or (2) in connection with an action for a breach of such a clause under section 301. .

Summary: Preventing Labor Union Slowdowns Act of 2022 or the PLUS Act of 2022 This bill makes it unlawful for a labor organization or its agents while representing, or seeking to represent, employees engaged in maritime employment to engage in a labor slowdown at any time, including when a collective-bargaining agreement is in effect. It also prohibits a labor organization from impeding (1) modernization efforts at a port, or (2) the servicing of any automated vessel. The bill allows a party injured by such conduct to recover two times the amount of damages sustained and reasonable attorney fees and expert witness fees.