I 
119TH CONGRESS 
1ST SESSION 
H. R. 20 
To amend the National Labor Relations Act, the Labor Management Rela-
tions Act, 1947, and the Labor-Management Reporting and Disclosure 
Act of 1959, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2025 
Mr. SCOTT of Virginia (for himself, Mr. FITZPATRICK, Ms. BROWN, Ms. 
MOORE of Wisconsin, Ms. WILLIAMS of Georgia, Ms. NORTON, Ms. 
TLAIB, Mr. BISHOP, Mrs. MCIVER, Ms. TITUS, Ms. BONAMICI, Mr. 
KEATING, Mr. MCGOVERN, Mr. THOMPSON of Mississippi, Ms. LOFGREN, 
Ms. DELAURO, Ms. ANSARI, Mr. MRVAN, Mr. GARAMENDI, Ms. 
BUDZINSKI, Ms. KAPTUR, Mrs. RAMIREZ, Ms. JOHNSON of Texas, Mr. 
MCGARVEY, Mr. SCHNEIDER, Mr. TAKANO, Mrs. DINGELL, Mr. 
SORENSEN, Mr. CARSON, Ms. SA´NCHEZ, Mr. MULLIN, Ms. MCBRIDE, 
Mr. CARTER of Louisiana, Mr. GOTTHEIMER, Ms. SHERRILL, Mr. GOLD-
EN of Maine, Ms. SCHOLTEN, Mr. TONKO, Mr. DELUZIO, Mr. NORCROSS, 
Ms. SCANLON, Mr. POCAN, Mr. CASAR, Ms. STEVENS, Ms. CLARKE of 
New York, Ms. SALINAS, Mr. MENENDEZ, Ms. ADAMS, Mr. GRIJALVA, 
Mrs. MCBATH, Ms. WILSON of Florida, Ms. STANSBURY, Ms. CRAIG, 
Mrs. HAYES, Mr. SOTO, Ms. SCHAKOWSKY, Mr. DAVIS of North Carolina, 
Mr. THANEDAR, Mr. MANNION, Ms. OMAR, Mr. VINDMAN, Mr. 
DESAULNIER, Mrs. CHERFILUS-MCCORMICK, Ms. TOKUDA, Mrs. SYKES, 
Mr. LATIMER, Ms. HOYLE of Oregon, Mr. JOHNSON of Georgia, Ms. 
GILLEN, Ms. LEE of Pennsylvania, Ms. JAYAPAL, Ms. PEREZ, Mr. KEN-
NEDY of New York, Ms. DEXTER, Mr. RILEY of New York, Mr. 
HORSFORD, Mr. GOLDMAN of New York, Mr. SHERMAN, Mr. LYNCH, Ms. 
BARRAGA´N, Mr. GREEN of Texas, Ms. MENG, Ms. ELFRETH, Ms. RAN-
DALL, Mr. LARSON of Connecticut, Mr. BEYER, Mr. CISNEROS, Mr. 
THOMPSON of California, Mr. LIEU, Mr. CONAWAY, Ms. BYNUM, Mr. 
LANDSMAN, Ms. CHU, Ms. HOULAHAN, Mr. RYAN, Mr. SWALWELL, Mr. 
JEFFRIES, Mrs. TRAHAN, Ms. MCCOLLUM, Mr. TORRES of New York, 
Ms. VELA´ZQUEZ, Mr. NADLER, Ms. OCASIO-CORTEZ, Mr. CASTRO of 
Texas, Mr. EVANS of Pennsylvania, Mr. DAVID SCOTT of Georgia, Ms. 
PINGREE, Mr. QUIGLEY, Mr. RUIZ, Mrs. FOUSHEE, Mr. IVEY, Mr. MAG-
AZINER, Ms. WASSERMAN SCHULTZ, Mr. CLEAVER, Mr. DOGGETT, Ms. 
MORRISON, 
Mr. 
GOMEZ, 
Mr. 
BOYLE
of 
Pennsylvania, 
Mr. 
KRISHNAMOORTHI, Mr. CASE, Mr. FROST, Ms. DAVIDS of Kansas, Mr. 
VEASEY, Ms. ROSS, Mr. GARCI´A of Illinois, Mr. AMO, Ms. DEGETTE, Mr. 
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RASKIN, Ms. CLARK of Massachusetts, Mr. CROW, Mr. BELL, Ms. 
BALINT, Ms. DELBENE, Mr. CARBAJAL, Mr. VARGAS, Ms. JACOBS, Mr. 
PANETTA, Mr. FOSTER, Ms. MATSUI, Ms. MCCLELLAN, Mr. PALLONE, 
Ms. STRICKLAND, Ms. PETTERSEN, Mr. SMITH of Washington, Ms. LEE 
of Nevada, Mr. MOULTON, Mrs. BEATTY, Ms. BROWNLEY, Mr. HARDER 
of California, Mr. SUBRAMANYAM, Mr. HOYER, Mr. OLSZEWSKI, Mrs. 
TORRES of California, Ms. LOIS FRANKEL of Florida, Ms. DEAN of 
Pennsylvania, Ms. MCDONALD RIVET, Mrs. MCCLAIN DELANEY, Mr. 
MFUME, Ms. POU, Ms. FRIEDMAN, Mr. MIN, Mr. NEAL, Ms. WATERS, 
Ms. KELLY of Illinois, Ms. GOODLANDER, Mr. GARCIA of California, Ms. 
ESCOBAR, Mr. MEEKS, Mr. CASTEN, Mrs. WATSON COLEMAN, Mr. 
MOSKOWITZ, Ms. GARCIA of Texas, Mr. MORELLE, Ms. SEWELL, Mr. 
KHANNA, Mr. JACKSON of Illinois, Mr. LARSEN of Washington, Mr. 
AGUILAR, Ms. CROCKETT, Ms. SCHRIER, Mr. ESPAILLAT, Mr. STANTON, 
Ms. SIMON, Mr. VASQUEZ, Ms. LEGER FERNANDEZ, Mr. HUFFMAN, Ms. 
RIVAS, Mrs. FLETCHER, Mr. SUOZZI, Mr. HIMES, Mr. FIGURES, Mr. 
TRAN, Mr. PETERS, Ms. KAMLAGER-DOVE, Mr. DAVIS of Illinois, Ms. 
CASTOR of Florida, Ms. PRESSLEY, Mr. COURTNEY, Ms. PELOSI, Mr. 
NEGUSE, Mr. LEVIN, Mr. GRAY, Mr. CONNOLLY, Mr. WHITESIDES, Mr. 
BERA, Mr. PAPPAS, Ms. PLASKETT, Ms. UNDERWOOD, Mr. COHEN, and 
Mr. SMITH of New Jersey) introduced the following bill; which was re-
ferred to the Committee on Education and Workforce 
A BILL 
To amend the National Labor Relations Act, the Labor 
Management Relations Act, 1947, and the Labor-Man-
agement Reporting and Disclosure Act of 1959, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Richard L. Trumka Protecting the Right to Organize Act 
of 2025’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 RELA-
TIONS 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. 
TITLE I—AMENDMENTS TO THE 
NATIONAL LABOR RELATIONS 
ACT 
SEC. 101. DEFINITIONS. 
(a) JOINT EMPLOYER.—Section 2(2) of the National 
Labor Relations Act (29 U.S.C. 152(2)) is amended by 
adding at the end the following: ‘‘Two or more persons 
shall be employers with respect to an employee if each 
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such person codetermines or shares control over the em-
ployee’s essential terms and conditions of employment. In 
determining whether such control exists, the Board or a 
court of competent jurisdiction shall consider as relevant 
direct control and indirect control over such terms and 
conditions, reserved authority to control such terms and 
conditions, and control over such terms and conditions ex-
ercised by a person in fact: Provided, That nothing herein 
precludes a finding that indirect or reserved control stand-
ing alone can be sufficient given specific facts and cir-
cumstances.’’. 
(b) EMPLOYEE.—Section 2(3) of the National Labor 
Relations Act (29 U.S.C. 152(3)) is amended by adding 
at the end the following: ‘‘An individual performing any 
service shall be considered an employee (except as pro-
vided in the previous sentence) and not an independent 
contractor, unless— 
‘‘(A) the individual is free from control and 
direction in connection with the performance of 
the service, both under the contract for the per-
formance of service and in fact; 
‘‘(B) the service is performed outside the 
usual course of the business of the employer; 
and 
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‘‘(C) the individual is customarily engaged 
in an independently established trade, occupa-
tion, profession, or business of the same nature 
as that involved in the service performed.’’. 
(c) SUPERVISOR.—Section 2(11) of the National 
Labor Relations Act (29 U.S.C. 152(11)) is amended— 
(1) by inserting ‘‘and for a majority of the indi-
vidual’s worktime’’ after ‘‘interest of the employer’’; 
(2) by striking ‘‘assign,’’; and 
(3) by striking ‘‘or responsibly to direct them,’’. 
SEC. 102. REPORTS. 
Section 3(c) of the National Labor Relations Act (29 
U.S.C. 153(c)) is amended— 
(1) by striking ‘‘The Board’’ and inserting ‘‘(1) 
The Board’’; and 
(2) by adding at the end the following: 
‘‘(2) Effective January 1, 2027, section 3003 of the 
Federal Reports Elimination and Sunset Act of 1995 
(Public Law 104–66; 31 U.S.C. 1113 note) shall not apply 
with respect to reports required under this subsection. 
‘‘(3) Each report issued under this subsection shall— 
‘‘(A) include no less detail than reports issued by the 
Board prior to the termination of such reports under sec-
tion 3003 of the Federal Reports Elimination and Sunset 
Act of 1995 (Public Law 104–66; 31 U.S.C. 1113 note); 
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‘‘(B) list each case in which the Designated Agency 
Ethics Official provided advice regarding whether a Mem-
ber should be recused from participating in a case or rule-
making; and 
‘‘(C) list each case in which the Designated Agency 
Ethics Official determined that a Member should be 
recused from participating in a case or rulemaking.’’. 
SEC. 103. APPOINTMENT. 
Section 4(a) of the National Labor Relations Act (29 
U.S.C. 154(a)) is amended by striking ‘‘, or for economic 
analysis’’. 
SEC. 104. UNFAIR LABOR PRACTICES. 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158) is amended— 
(1) in subsection (a)— 
(A) in paragraph (5), by striking the pe-
riod and inserting ‘‘;’’; and 
(B) by adding at the end the following: 
‘‘(6) to promise, threaten, or take any action— 
‘‘(A) to permanently replace an employee 
who participates in a strike as defined by sec-
tion 501(2) of the Labor Management Rela-
tions Act, 1947 (29 U.S.C. 142(2)); 
‘‘(B) to discriminate against an employee 
who is working or has unconditionally offered to 
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return to work for the employer because the 
employee supported or participated in such a 
strike; or 
‘‘(C) to lockout, suspend, or otherwise 
withhold employment from employees in order 
to influence the position of such employees or 
the representative of such employees in collec-
tive bargaining prior to a strike; and 
‘‘(7) to communicate or misrepresent to an em-
ployee under section 2(3) that such employee is ex-
cluded from the definition of employee under section 
2(3).’’; 
(2) in subsection (b)— 
(A) by striking paragraphs (4) and (7); 
(B) by redesignating paragraphs (5) and 
(6) as paragraphs (4) and (5), respectively; 
(C) in paragraph (4), as so redesignated, 
by striking ‘‘affected;’’ and inserting ‘‘affected; 
and’’; and 
(D) in paragraph (5), as so redesignated, 
by striking ‘‘; and’’ and inserting a period; 
(3) in subsection (c), by striking the period at 
the end and inserting the following: ‘‘: Provided, 
That it shall be an unfair labor practice under sub-
section (a)(1) for any employer to require or coerce 
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an employee to attend or participate in such employ-
er’s campaign activities unrelated to the employee’s 
job duties, including activities that are subject to the 
requirements under section 203(b) of the Labor- 
Management Reporting and Disclosure Act of 1959 
(29 U.S.C. 433(b)).’’; 
(4) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as subparagraphs (A) through (D), 
respectively; 
(B) by striking ‘‘For the purposes of this 
section’’ and inserting ‘‘(1) For purposes of this 
section’’; 
(C) by inserting ‘‘and to maintain current 
wages, hours, and terms and conditions of em-
ployment pending an agreement’’ after ‘‘arising 
thereunder’’; 
(D) by inserting ‘‘Provided, That an em-
ployer’s duty to collectively bargain shall con-
tinue absent decertification of the labor organi-
zation following an election conducted pursuant 
to section 9:’’ after ‘‘making of a concession:’’; 
(E) by inserting ‘‘further’’ before ‘‘, That 
where there is in effect’’; 
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(F) by striking ‘‘The duties imposed’’ and 
inserting ‘‘(2) The duties imposed’’; 
(G) by striking ‘‘by paragraphs (2), (3), 
and (4)’’ and inserting ‘‘by subparagraphs (B), 
(C), and (D) of paragraph (1)’’; 
(H) by striking ‘‘section 8(d)(1)’’ and in-
serting ‘‘paragraph (1)(A)’’; 
(I) by striking ‘‘section 8(d)(3)’’ and in-
serting ‘‘paragraph (1)(C)’’ in each place it ap-
pears; 
(J) by striking ‘‘section 8(d)(4)’’ and in-
serting ‘‘paragraph (1)(D)’’; and 
(K) by adding at the end the following: 
‘‘(3) Whenever collective bargaining is for the pur-
pose of establishing an initial collective bargaining agree-
ment following certification or recognition of a labor orga-
nization, the following shall apply: 
‘‘(A) Not later than 10 days after receiving a 
written request for collective bargaining from an in-
dividual or labor organization that has been newly 
recognized or certified as a representative as defined 
in section 9(a), or within such further period as the 
parties agree upon, the parties shall meet and com-
mence to bargain collectively and shall make every 
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reasonable effort to conclude and sign a collective 
bargaining agreement. 
‘‘(B) If after the expiration of the 90-day pe-
riod beginning on the date on which bargaining is 
commenced, or such additional period as the parties 
may agree upon, the parties have failed to reach an 
agreement, either party may notify the Federal Me-
diation and Conciliation Service of the existence of 
a dispute and request mediation. Whenever such a 
request is received, it shall be the duty of the Service 
promptly to put itself in communication with the 
parties and to use its best efforts, by mediation and 
conciliation, to bring them to agreement. 
‘‘(C) If after the expiration of the 30-day period 
beginning on the date on which the request for me-
diation is made under subparagraph (B), or such ad-
ditional period as the parties may agree upon, the 
Service is not able to bring the parties to agreement 
by conciliation, the Service shall refer the dispute to 
a tripartite arbitration panel established in accord-
ance with such regulations as may be prescribed by 
the Service, with one member selected by the labor 
organization, one member selected by the employer, 
and one neutral member mutually agreed to by the 
parties. The labor organization and employer must 
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each select the members of the tripartite arbitration 
panel within 14 days of the Service’s referral; if the 
labor organization or employer fail to do so, the 
Service shall designate any members not selected by 
the labor organization or the employer. A majority 
of the tripartite arbitration panel shall render a deci-
sion settling the dispute as soon as practicable and 
not later than within 120 days, absent extraordinary 
circumstances or by agreement or permission of the 
parties, and such decision shall be binding upon the 
parties for a period of 2 years, unless amended dur-
ing such period by written consent of the parties. 
Such decision shall be based on— 
‘‘(i) the employer’s financial status and 
prospects; 
‘‘(ii) the size and type of the employer’s 
operations and business; 
‘‘(iii) the employees’ cost of living; 
‘‘(iv) the employees’ ability to sustain 
themselves, their families, and their dependents 
on the wages and benefits they earn from the 
employer; and 
‘‘(v) the wages and benefits other employ-
ers in the same business provide their employ-
ees.’’; 
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(5) by amending subsection (e) to read as fol-
lows: 
‘‘(e) Notwithstanding chapter 1 of title 9, United 
States Code (commonly known as the ‘Federal Arbitration 
Act’), or any other provision of law, it shall be an unfair 
labor practice under subsection (a)(1) for any employer— 
‘‘(1) to enter into or attempt to enforce any 
agreement, express or implied, whereby prior to a 
dispute to which the agreement applies, an employee 
undertakes or promises not to pursue, bring, join, 
litigate, or support any kind of joint, class, or collec-
tive claim arising from or relating to the employ-
ment of such employee in any forum that, but for 
such agreement, is of competent jurisdiction; 
‘‘(2) to coerce an employee into undertaking or 
promising not to pursue, bring, join, litigate, or sup-
port any kind of joint, class, or collective claim aris-
ing from or relating to the employment of such em-
ployee; or 
‘‘(3) to retaliate or threaten to retaliate against 
an employee for refusing to undertake or promise 
not to pursue, bring, join, litigate, or support any 
kind of joint, class, or collective claim arising from 
or relating to the employment of such employee: 
Provided, That any agreement that violates this sub-
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section or results from a violation of this subsection 
shall be to such extent unenforceable and void: Pro-
vided further, That this subsection shall not apply to 
any agreement embodied in or expressly permitted 
by a contract between an employer and a labor orga-
nization.’’; 
(6) in subsection (g), by striking ‘‘clause (B) of 
the last sentence of section 8(d) of this Act’’ and in-
serting ‘‘subsection (d)(2)(B)’’; and 
(7) by adding at the end the following: 
‘‘(h)(1) The Board shall promulgate regulations re-
quiring each employer to post and maintain, in con-
spicuous places where notices to employees and applicants 
for employment are customarily posted both physically and 
electronically, a notice setting forth the rights and protec-
tions afforded employees under this Act. The Board shall 
make available to the public the form and text of such 
notice. The Board shall promulgate regulations requiring 
employers to notify each new employee of the information 
contained in the notice described in the preceding two sen-
tences and to ensure that such notice is provided to em-
ployees in a language spoken by such employees. 
‘‘(2) Whenever the Board directs an election under 
section 9(c) or approves an election agreement, the em-
ployer of employees in the bargaining unit shall, not later 
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than 2 business days after the Board directs such election 
or approves such election agreement, provide a voter list 
to a labor organization that has petitioned to represent 
such employees. Such voter list shall include the names 
of all employees in the bargaining unit and such employ-
ees’ home addresses, work locations, shifts, job classifica-
tions, and, if available to the employer, personal landline 
and mobile telephone numbers, work email addresses, and 
personal email addresses; the voter list must be provided 
in a searchable electronic format generally approved by the 
Board unless the employer certifies that the employer does 
not possess the capacity to produce the list in the required 
form. Not later than 9 months after the date of enactment 
of the Richard L. Trumka Protecting the Right to Orga-
nize Act of 2025, the Board shall promulgate regulations 
implementing the requirements of this paragraph. 
‘‘(i) The rights of an employee under section 7 in-
clude the right to use electronic communication devices 
and systems (including computers, laptops, tablets, inter-
net access, email, cellular telephones, or other company 
equipment) of the employer of such employee to engage 
in activities protected under section 7 if such employer has 
given such employee access to such devices and systems 
in the course of the work of such employee, absent a com-
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pelling business rationale for denying or limiting such 
use.’’. 
SEC. 105. REPRESENTATIVES AND ELECTIONS. 
Section 9 of the National Labor Relations Act (29 
U.S.C. 159) is amended— 
(1) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) Whenever a petition shall have been filed, in ac-
cordance with such regulations as may be prescribed by 
the Board, by an employee or group of employees or any 
individual or labor organization acting in their behalf al-
leging that a substantial number of employees (i) wish to 
be represented for collective bargaining and that their em-
ployer declines to recognize their representative as the rep-
resentative defined in section 9(a), or (ii) assert that the 
individual or labor organization, which has been certified 
or is being recognized by their employer as the bargaining 
representative, is no longer a representative as defined in 
section 9(a), the Board shall investigate such petition and 
if it has reasonable cause to believe that a question of rep-
resentation affecting commerce exists shall provide for an 
appropriate hearing upon due notice. Such hearing may 
be conducted by an officer or employee of the regional of-
fice, who shall not make any recommendations with re-
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spect thereto. If the Board finds upon the record of such 
hearing that such a question of representation exists, it 
shall direct an election by secret ballot and shall certify 
the results thereof. The Board shall find the labor organi-
zation’s proposed unit to be appropriate if the employees 
in the proposed unit share a community of interest, and 
if the employees outside the unit do not share an over-
whelming community of interest with employees inside. At 
the request of the labor organization, the Board shall di-
rect that the election be conducted through mail, electroni-
cally, at the work location, or at a location other than one 
owned or controlled by the employer. No employer shall 
have standing as a party or to intervene in any representa-
tion proceeding under this section.’’; 
(B) in paragraph (3), by striking ‘‘an eco-
nomic strike who are not entitled to reinstate-
ment’’ and inserting ‘‘a strike’’; 
(C) by redesignating paragraphs (4) and 
(5) as paragraphs (6) and (7), respectively; 
(D) by inserting after paragraph (3) the 
following: 
‘‘(4) If the Board finds that, in an election under 
paragraph (1), a majority of the valid votes cast in a unit 
appropriate for purposes of collective bargaining have been 
cast in favor of representation by the labor organization, 
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the Board shall certify the labor organization as the rep-
resentative of the employees in such unit and shall issue 
an order requiring the employer of such employees to col-
lectively bargain with the labor organization in accordance 
with section 8(d). This order shall be deemed an order 
under section 10(c) of this Act, without need for a deter-
mination of an unfair labor practice. 
‘‘(5)(A) If the Board finds that, in an election under 
paragraph (1), a majority of the valid votes cast in a unit 
appropriate for purposes of collective bargaining have not 
been cast in favor of representation by the labor organiza-
tion, the Board shall certify the results of the election, 
subject to subparagraphs (B) and (C). 
‘‘(B) In any case in which a majority of the valid 
votes cast in a unit appropriate for purposes of collective 
bargaining have not been cast in favor of representation 
by the labor organization and the Board determines, fol-
lowing a post-election hearing, that the employer has com-
mitted a violation of this Act or otherwise interfered with 
a fair election, and the employer has not demonstrated 
that the violation or other interference is unlikely to have 
affected the outcome of the election, the Board shall, with-
out ordering a new election, set aside the election and cer-
tify the labor organization as the representative of the em-
ployees in such unit and issue an order requiring the em-
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ployer to bargain with the labor organization in accord-
ance with section 8(d) if, at any time during the period 
beginning 1 year preceding the date of the commencement 
of the election and ending on the date upon which the 
Board makes the determination of a violation or other in-
terference, a majority of the employees in the bargaining 
unit have signed authorizations designating the labor or-
ganization as their collective bargaining representative. 
‘‘(C) In any case where the Board determines that 
an election under this paragraph should be set aside, the 
Board shall direct a new election with appropriate addi-
tional safeguards necessary to ensure a fair election proc-
ess, except in cases where the Board issues a bargaining 
order under subparagraph (B).’’; and 
(E) by inserting after paragraph (7), as so 
redesignated, the following: 
‘‘(8) Except under extraordinary circumstances— 
‘‘(A) a pre-election hearing under this sub-
section shall begin not later than 8 days after a no-
tice of such hearing is served on the labor organiza-
tion and shall continue from day to day until com-
pleted; 
‘‘(B) a regional director shall transmit the no-
tice of election at the same time as the direction of 
election, and shall transmit such notice and such di-
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rection electronically (including transmission by 
email or facsimile) or by overnight mail if electronic 
transmission is unavailable; 
‘‘(C) not later than 2 days after the service of 
the notice of hearing, the employer shall— 
‘‘(i) post the Notice of Petition for Elec-
tion in conspicuous places, including all places 
where notices to employees are customarily 
posted; 
‘‘(ii) if the employer customarily commu-
nicates with employees electronically, distribute 
such Notice electronically; and 
‘‘(iii) maintain such posting until the peti-
tion is dismissed or withdrawn or the Notice of 
Petition for Election is replaced by the Notice 
of Election; 
‘‘(D) regional directors shall schedule elections 
for the earliest date practicable, but not later than 
the 20th business day after the direction of election; 
and 
‘‘(E) a post-election hearing under this sub-
section shall begin not later than 14 days after the 
filing of objections, if any.’’; 
(2) in subsection (d), by striking ‘‘(e) or’’ and 
inserting ‘‘(d) or’’; and 
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(3) by adding at the end the following: 
‘‘(f) The Board shall dismiss any petition for an elec-
tion with respect to a bargaining unit or any subdivision 
if, during the 12-month period ending on the date on 
which the petition is filed— 
‘‘(1) the employer has recognized a labor orga-
nization without an election and in accordance with 
this Act; 
‘‘(2) the labor organization and employer en-
gaged in their first bargaining session following the 
issuance of a bargaining order by the Board; or 
‘‘(3) the labor organization and successor em-
ployer engaged in their first bargaining session fol-
lowing a succession. 
‘‘(g) The Board shall dismiss any petition for an elec-
tion with respect to a bargaining unit or any subdivision 
if there is in effect a lawful written collective bargaining 
agreement between the employer and an exclusive rep-
resentative covering any employees in the unit specified 
in the petition, unless the petition is filed— 
‘‘(1) on or after the date that is 3 years after 
the date on which the collective bargaining agree-
ment took effect; or 
‘‘(2) during the 30-day period beginning on the 
date that is 90 days before the date that is 3 years 
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after the date on which the collective bargaining 
agreement took effect. 
‘‘(h) The Board shall suspend the processing of any 
petition for an election with respect to a bargaining unit 
or any subdivision if a labor organization files an unfair 
labor practice charge alleging a violation of section 8(a) 
and requesting the suspension of a pending petition until 
the unlawful conduct, if any, is remedied or the charge 
is dismissed unless the Board determines that employees 
can, under the circumstances, exercise free choice in an 
election despite the unlawful conduct alleged in the 
charge.’’. 
SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 
Section 10(c) of the National Labor Relations Act 
(29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 
him’’ and inserting ‘‘suffered by such employee: Provided 
further, That if the Board finds that an employer has dis-
criminated against an employee in violation of paragraph 
(3) or (4) of section 8(a) or has committed a violation 
of section 8(a) that results in the discharge of an employee 
or other serious economic harm to an employee, the Board 
shall award the employee back pay without any reduction 
(including any reduction based on the employee’s interim 
earnings or failure to earn interim earnings), front pay 
(when appropriate), full compensation for all direct or 
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foreseeable pecuniary harms suffered as a result of the 
respondent’s unfair labor practice, and an additional 
amount as liquidated damages equal to two times the 
amount of damages awarded: Provided further, no relief 
under this subsection shall be denied on the basis that the 
employee is, or was during the time of relevant employ-
ment or during the back pay period, an unauthorized alien 
as defined in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)) or any other pro-
vision of Federal law relating to the unlawful employment 
of aliens’’. 
SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 
BOARD. 
(a) IN GENERAL.—Section 10 of the National Labor 
Relations Act (29 U.S.C. 160) is further amended— 
(1) by striking subsection (e); 
(2) by redesignating subsection (d) as sub-
section (e); 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d)(1) Each order of the Board shall be self-enforc-
ing upon issuance of such order, unless otherwise directed 
by the Board, and shall remain self-enforcing unless modi-
fied by the Board or unless a court of competent jurisdic-
tion issues a superseding order. 
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‘‘(2) Any person who fails or neglects to obey an 
order of the Board shall forfeit and pay to the Board a 
civil penalty of not more than $10,000 for each violation, 
which shall accrue to the United States and may be recov-
ered in a civil action brought by the Board to the district 
court of the United States in which the unfair labor prac-
tice or other subject of the order occurred, or in which 
such person or entity resides or transacts business. No ac-
tion by the Board under this paragraph may be made until 
30 days following the issuance of an order. Each separate 
violation of such an order shall be a separate offense, ex-
cept that, in the case of a violation in which a person fails 
to obey or neglects to obey a final order of the Board, 
each day such failure or neglect continues shall be deemed 
a separate offense. 
‘‘(3) If, after having provided a person or entity with 
notice and an opportunity to be heard regarding a civil 
action under paragraph (2) for the enforcement of an 
order, the court determines that the order was regularly 
made and duly served, and that the person or entity is 
in disobedience of the same, the court shall enforce obedi-
ence to such order by an injunction or other proper proc-
ess, mandatory or otherwise, to— 
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‘‘(A) restrain such person or entity or the offi-
cers, agents, or representatives of such person or en-
tity, from further disobedience to such order; or 
‘‘(B) enjoin such person or entity, officers, 
agents, or representatives to obedience to the 
same.’’; 
(4) in subsection (f)— 
(A) by striking ‘‘proceed in the same man-
ner as in the case of an application by the 
Board under subsection (e) of this section,’’ and 
inserting ‘‘proceed as provided under paragraph 
(2) of this subsection’’; 
(B) by striking ‘‘Any’’ and inserting the 
following: 
‘‘(1) Within 30 days of the issuance of an 
order, any’’; and 
(C) by adding at the end the following: 
‘‘(2) No objection that has not been urged before the 
Board, its member, agent, or agency shall be considered 
by a court, unless the failure or neglect to urge such objec-
tion shall be excused because of extraordinary cir-
cumstances. The findings of the Board with respect to 
questions of fact if supported by substantial evidence on 
the record considered as a whole shall be conclusive. If 
either party shall apply to the court for leave to adduce 
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additional evidence and shall show to the satisfaction of 
the court that such additional evidence is material and 
that there were reasonable grounds for the failure to ad-
duce such evidence in the hearing before the Board, its 
member, agent, or agency, the court may order such addi-
tional evidence to be taken before the Board, its member, 
agent, or agency, and to be made a part of the record. 
The Board may modify its findings as to the facts, or 
make new findings, by reason of additional evidence so 
taken and filed, and it shall file such modified or new find-
ings, which findings with respect to questions of fact if 
supported by substantial evidence on the record considered 
as a whole shall be conclusive, and shall file its rec-
ommendations, if any, for the modification or setting aside 
of its original order. Upon the filing of the record with 
it the jurisdiction of the court shall be exclusive and its 
judgment and decree shall be final, except that the same 
shall be subject to review by the appropriate United States 
court of appeals if application was made to the district 
court, and by the Supreme Court of the United States 
upon writ of certiorari or certification as provided in sec-
tion 1254 of title 28, United States Code.’’; and 
(5) in subsection (g), by striking ‘‘subsection 
(e) or (f) of this section’’ and inserting ‘‘subsection 
(d) or (f)’’. 
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(b) CONFORMING AMENDMENT.—Section 18 of the 
National Labor Relations Act (29 U.S.C. 168) is amended 
by striking ‘‘section 10(e) or (f)’’ and inserting ‘‘sub-
section (d) or (f) of section 10’’. 
SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC-
TICES INVOLVING DISCHARGE OR OTHER SE-
RIOUS ECONOMIC HARM. 
Section 10 of the National Labor Relations Act (29 
U.S.C. 160) is amended— 
(1) in subsection (j)— 
(A) by striking ‘‘The Board’’ and inserting 
‘‘(1) The Board’’; and 
(B) by adding at the end the following: 
‘‘(2) Notwithstanding subsection (m), whenever it is 
charged that an employer has engaged in an unfair labor 
practice within the meaning of paragraph (1), (3), or (4) 
of section 8(a) that significantly interferes with, restrains, 
or coerces employees in the exercise of the rights guaran-
teed under section 7, or involves discharge or other serious 
economic harm to an employee, the preliminary investiga-
tion of such charge shall be made forthwith and given pri-
ority over all other cases except cases of like character 
in the office where it is filed or to which it is referred. 
If, after such investigation, the officer or regional attorney 
to whom the matter may be referred has reasonable cause 
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to believe such charge is true and that a complaint should 
issue, such officer or attorney shall bring a petition for 
appropriate temporary relief or restraining order as set 
forth in paragraph (1). The district court shall grant the 
relief requested unless the court concludes that there is 
no reasonable likelihood that the Board will succeed on 
the merits of the Board’s claim.’’; and 
(2) by repealing subsections (k) and (l). 
SEC. 109. PENALTIES. 
(a) IN GENERAL.—Section 12 of the National Labor 
Relations Act (29 U.S.C. 162) is amended— 
(1) by striking ‘‘SEC. 12. Any person’’ and in-
serting the following: 
‘‘SEC. 12. PENALTIES. 
‘‘(a) 
VIOLATIONS
FOR
INTERFERENCE
WITH 
BOARD.—Any person’’; and 
(2) by adding at the end the following: 
‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS AND 
VOTER LIST.—If the Board, or any agent or agency des-
ignated by the Board for such purposes, determines that 
an employer has violated section 8(h) or regulations issued 
thereunder, the Board shall— 
‘‘(1) state the findings of fact supporting such 
determination; 
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‘‘(2) issue and cause to be served on such em-
ployer an order requiring that such employer comply 
with section 8(h) or regulations issued thereunder; 
and 
‘‘(3) impose a civil penalty in an amount deter-
mined appropriate by the Board, except that in no 
case shall the amount of such penalty exceed $500 
for each such violation. 
‘‘(c) CIVIL PENALTIES FOR VIOLATIONS.— 
‘‘(1) IN GENERAL.—Any employer who commits 
an unfair labor practice within the meaning of sec-
tion 8(a) shall, in addition to any remedy ordered by 
the Board, be subject to a civil penalty in an amount 
not to exceed $50,000 for each violation, except 
that, with respect to an unfair labor practice within 
the meaning of paragraph (3) or (4) of section 8(a) 
or a violation of section 8(a) that results in the dis-
charge of an employee or other serious economic 
harm to an employee, the Board shall double the 
amount of such penalty, to an amount not to exceed 
$100,000, in any case where the employer has with-
in the preceding 5 years committed another such 
violation. 
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‘‘(2) CONSIDERATIONS.—In determining the 
amount of any civil penalty under this subsection, 
the Board shall consider— 
‘‘(A) the gravity of the unfair labor prac-
tice; 
‘‘(B) the impact of the unfair labor prac-
tice on the charging party, on other persons 
seeking to exercise rights guaranteed by this 
Act, and on the public interest; and 
‘‘(C) the gross income of the employer. 
‘‘(3) DIRECTOR
AND
OFFICER
LIABILITY.—If 
the Board determines, based on the particular facts 
and circumstances presented, that a director or offi-
cer’s personal liability is warranted, a civil penalty 
for a violation described in this subsection may also 
be assessed against any director or officer of the em-
ployer who directed or committed the violation, had 
established a policy that led to such a violation, or 
had actual or constructive knowledge of and the au-
thority to prevent the violation and failed to prevent 
the violation. 
‘‘(d) RIGHT TO CIVIL ACTION.— 
‘‘(1) IN GENERAL.—Any person who is injured 
by reason of a violation of paragraph (1), (3), or (4) 
of section 8(a) may, after 60 days following the fil-
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ing of a charge with the Board alleging an unfair 
labor practice, bring a civil action in the appropriate 
district court of the United States against the em-
ployer within 90 days after the expiration of the 60- 
day period or the date the Board notifies the person 
that no complaint shall issue, whichever occurs ear-
lier, provided that the Board has not filed a petition 
under section 10(j) of this Act prior to the expira-
tion of the 60-day period. No relief under this sub-
section shall be denied on the basis that the em-
ployee is, or was during the time of relevant employ-
ment or during the back pay period, an unauthor-
ized alien as defined in section 274A(h)(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3)) or any other provision of Federal law 
relating to the unlawful employment of aliens. 
‘‘(2) AVAILABLE RELIEF.—Relief granted in an 
action under paragraph (1) may include— 
‘‘(A) back pay without any reduction, in-
cluding any reduction based on the employee’s 
interim earnings or failure to earn interim earn-
ings; 
‘‘(B) front pay (when appropriate); 
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‘‘(C) all direct or foreseeable pecuniary 
harms suffered as a result of the unfair labor 
practice; 
‘‘(D) an additional amount as liquidated 
damages equal to two times the cumulative 
amount of damages awarded under subpara-
graphs (A) through (C); 
‘‘(E) in appropriate cases, punitive dam-
ages in accordance with paragraph (4); and 
‘‘(F) any other relief authorized by section 
706(g) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–5(g)) or by section 1977A(b) of 
the Revised Statutes (42 U.S.C. 1981a(b)). 
‘‘(3) ATTORNEY’S
FEES.—In any civil action 
under this subsection, the court may allow the pre-
vailing party a reasonable attorney’s fee (including 
expert fees) and other reasonable costs associated 
with maintaining the action. 
‘‘(4) PUNITIVE DAMAGES.—In awarding puni-
tive damages under paragraph (2)(E), the court 
shall consider— 
‘‘(A) the gravity of the unfair labor prac-
tice; 
‘‘(B) the impact of the unfair labor prac-
tice on the charging party, on other persons 
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seeking to exercise rights guaranteed by this 
Act, and on the public interest; and 
‘‘(C) the gross income of the employer.’’. 
(b) CONFORMING AMENDMENTS.—Section 10(b) of 
the National Labor Relations Act (29 U.S.C. 160(b)) is 
amended— 
(1) by striking ‘‘six months’’ and inserting 
‘‘180 days’’; and 
(2) by striking ‘‘the six-month period’’ and in-
serting ‘‘the 180-day period’’. 
SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. 
Section 13 of the National Labor Relations Act (29 
U.S.C. 163) is amended by striking the period at the end 
and inserting the following: ‘‘: Provided, That the dura-
tion, scope, frequency, or intermittence of any strike or 
strikes shall not render such strike or strikes unprotected 
or prohibited.’’. 
SEC. 111. FAIR SHARE AGREEMENTS PERMITTED. 
Section 14(b) of the National Labor Relations Act 
(29 U.S.C. 164(b)) is amended by striking the period at 
the end and inserting the following: ‘‘: Provided, That col-
lective bargaining agreements providing that all employees 
in a bargaining unit shall contribute fees to a labor organi-
zation for the cost of representation, collective bargaining, 
contract enforcement, and related expenditures as a condi-
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tion of employment shall be valid and enforceable notwith-
standing any State or Territorial law.’’. 
TITLE II—AMENDMENTS TO THE 
LABOR MANAGEMENT RELA-
TIONS ACT, 1947, AND THE 
LABOR-MANAGEMENT 
RE-
PORTING AND DISCLOSURE 
ACT OF 1959 
SEC. 201. CONFORMING AMENDMENTS TO THE LABOR MAN-
AGEMENT RELATIONS ACT, 1947. 
The Labor Management Relations Act, 1947, is 
amended— 
(1) in section 213(a) (29 U.S.C. 183(a)), by 
striking ‘‘clause (A) of the last sentence of section 
8(d) (which is required by clause (3) of such section 
8(d)), or within 10 days after the notice under 
clause (B)’’ and inserting ‘‘section 8(d)(2)(A) of the 
National Labor Relations Act (which is required by 
section 8(d)(1)(C) of such Act), or within 10 days 
after the notice under section 8(d)(2)(B) of such 
Act’’; and 
(2) by repealing section 303 (29 U.S.C. 187). 
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SEC. 202. AMENDMENTS TO THE LABOR-MANAGEMENT RE-
PORTING AND DISCLOSURE ACT OF 1959. 
(a) IN GENERAL.—Section 203(c) of the Labor-Man-
agement Reporting and Disclosure Act of 1959 (29 U.S.C. 
433(c)) is amended by striking the period at the end and 
inserting the following ‘‘: Provided, That this subsection 
shall not exempt from the requirements of this section any 
arrangement or part of an arrangement in which a party 
agrees, for an object described in subsection (b)(1), to plan 
or conduct employee meetings; train supervisors or em-
ployer representatives to conduct meetings; coordinate or 
direct activities of supervisors or employer representatives; 
establish or facilitate employee committees; identify em-
ployees for disciplinary action, reward, or other targeting; 
or draft or revise employer personnel policies, speeches, 
presentations, or other written, recorded, or electronic 
communications to be delivered or disseminated to employ-
ees.’’. 
(b) WHISTLEBLOWER PROTECTIONS.—The Labor- 
Management Reporting and Disclosure Act of 1959 (29 
U.S.C. 401 et seq.) is further amended— 
(1) by redesignating section 611 (29 U.S.C. 
531) as section 612; and 
(2) by inserting after section 610 (29 U.S.C. 
530), the following new section: 
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‘‘SEC. 611. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) IN GENERAL.—No employer or labor organiza-
tion shall terminate or in any other way discriminate 
against, or cause to be terminated or discriminated 
against, any applicant, covered employee, or former cov-
ered employee, of the employer or the labor organization 
by reason of the fact that such applicant, covered em-
ployee, or former covered employee does, or the employer 
or labor organization perceives the employee to do, any 
of the following: 
‘‘(1) Provide, cause to be provided, or is about 
to provide or cause to be provided, information to 
the labor organization, the employer, the Depart-
ment of Labor, or any other State, local, or Federal 
Government authority or law enforcement agency re-
lating to any violation of, or any act or omission 
that such employee reasonably believes to be a viola-
tion of, any provision of this Act. 
‘‘(2) Testify or plan to testify or otherwise par-
ticipate in any proceeding resulting from the admin-
istration or enforcement of any provision of this Act. 
‘‘(3) File, institute, or cause to be filed or insti-
tuted, any proceeding under this Act. 
‘‘(4) Assist in any activity described in para-
graphs (1) through (3). 
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‘‘(5) Object to, or refuse to participate in, any 
activity, policy, practice, or assigned task that such 
covered employee reasonably believes to be in viola-
tion of any provision of this Act. 
‘‘(b) DEFINITION OF COVERED EMPLOYEE.—For the 
purposes of this section, the term ‘covered employee’ 
means any employee or agent of an employer or labor or-
ganization, including any person with management re-
sponsibilities on behalf of the employer or labor organiza-
tion. 
‘‘(c) PROCEDURES AND TIMETABLES.— 
‘‘(1) COMPLAINT.— 
‘‘(A) IN GENERAL.—An applicant, covered 
employee, or former covered employee who be-
lieves that he or she has been terminated or in 
any other way discriminated against by any 
person in violation of subsection (a) may file (or 
have any person file on his or her behalf) a 
complaint with the Secretary of Labor alleging 
such violation. Such a complaint must be filed 
not later than either— 
‘‘(i) 180 days after the date on which 
such alleged violation occurs; or 
‘‘(ii) 180 days after the date upon 
which the employee knows or should rea-
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sonably have known that such alleged vio-
lation in subsection (a) occurred. 
‘‘(B) 
ACTIONS
OF
SECRETARY
OF 
LABOR.—Upon receipt of such a complaint, the 
Secretary of Labor shall notify, in writing, the 
person named in the complaint who is alleged 
to have committed the violation, of— 
‘‘(i) the filing of the complaint; 
‘‘(ii) the allegations contained in the 
complaint; 
‘‘(iii) the substance of evidence sup-
porting the complaint; and 
‘‘(iv) opportunities that will be af-
forded to such person under paragraph 
(2). 
‘‘(2) 
INVESTIGATION
BY
SECRETARY
OF 
LABOR.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date of receipt of a complaint 
filed under paragraph (1), and after affording 
the complainant and the person named in the 
complaint who is alleged to have committed the 
violation that is the basis for the complaint an 
opportunity to submit to the Secretary of Labor 
a written response to the complaint and an op-
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portunity to meet with a representative of the 
Secretary of Labor to present statements from 
witnesses, the Secretary of Labor shall— 
‘‘(i) initiate an investigation and de-
termine whether there is reasonable cause 
to believe that the complaint has merit; 
and 
‘‘(ii) notify the complainant and the 
person alleged to have committed the viola-
tion of subsection (a), in writing, of such 
determination. 
‘‘(B) GROUNDS FOR DETERMINATION OF 
COMPLAINTS.—The Secretary of Labor shall 
dismiss a complaint filed under this subsection, 
and shall not conduct an investigation otherwise 
required under subparagraph (A), unless the 
complainant makes a prima facie showing that 
any behavior described in paragraphs (1) 
through (5) of subsection (a) was a contrib-
uting factor in the unfavorable personnel action 
alleged in the complaint. 
‘‘(3) BURDENS OF PROOF.— 
‘‘(A) CRITERIA FOR DETERMINATION.—In 
making a determination or adjudicating a com-
plaint pursuant to this subsection, the Sec-
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retary, an administrative law judge, or a court 
may determine that a violation of subsection (a) 
has occurred only if the complainant dem-
onstrates that any conduct described in sub-
section (a) with respect to the complainant was 
a contributing factor in the adverse action al-
leged in the complaint. 
‘‘(B) PROHIBITION.—Notwithstanding sub-
paragraph (A), a decision or order that is favor-
able to the complainant shall not be issued in 
any administrative or judicial action pursuant 
to this subsection if the respondent dem-
onstrates by clear and convincing evidence that 
the respondent would have taken the same ad-
verse action in the absence of such conduct. 
‘‘(C) NOTICE OF RELIEF AVAILABLE.—If 
the Secretary of Labor concludes that there is 
reasonable cause to believe that a violation of 
subsection (a) has occurred, the Secretary of 
Labor shall, together with the notice under 
paragraph (2)(A)(ii), issue a preliminary order 
providing the relief prescribed by paragraph 
(4)(B). 
‘‘(D) REQUEST FOR HEARING.—Not later 
than 30 days after the date of receipt of notifi-
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cation of a determination of the Secretary of 
Labor under this paragraph, either the person 
alleged to have committed the violation or the 
complainant may file objections to the findings 
or preliminary order, or both, and request a 
hearing on the record. The filing of such objec-
tions shall not operate to stay any reinstate-
ment remedy contained in the preliminary 
order. Any such hearing shall be conducted ex-
peditiously, and if a hearing is not requested in 
such 30-day period, the preliminary order shall 
be deemed a final order that is not subject to 
judicial review. 
‘‘(E) PROCEDURES.— 
‘‘(i) IN
GENERAL.—A hearing re-
quested under this paragraph shall be con-
ducted expeditiously and in accordance 
with rules established by the Secretary for 
hearings conducted by administrative law 
judges. 
‘‘(ii) SUBPOENAS; PRODUCTION
OF 
EVIDENCE.— In conducting any such hear-
ing, the administrative law judge may issue 
subpoenas. The respondent or complainant 
may request the issuance of subpoenas 
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that require the deposition of, or the at-
tendance and testimony of, witnesses and 
the production of any evidence (including 
any books, papers, documents, or record-
ings) relating to the matter under consid-
eration. 
‘‘(4) ISSUANCE
OF
FINAL
ORDERS; REVIEW 
PROCEDURES.— 
‘‘(A) TIMING.—Not later than 120 days 
after the date of conclusion of any hearing 
under paragraph (2), the Secretary of Labor 
shall issue a final order providing the relief pre-
scribed by this paragraph or denying the com-
plaint. At any time before issuance of a final 
order, a proceeding under this subsection may 
be terminated on the basis of a settlement 
agreement entered into by the Secretary of 
Labor, the complainant, and the person alleged 
to have committed the violation. 
‘‘(B) AVAILABLE RELIEF.— 
‘‘(i) 
ORDER
OF
SECRETARY
OF 
LABOR.—If, in response to a complaint 
filed under paragraph (1), the Secretary of 
Labor determines that a violation of sub-
section (a) has occurred, the Secretary of 
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Labor shall order the person who com-
mitted such violation— 
‘‘(I) to take affirmative action to 
abate the violation; 
‘‘(II) to reinstate the complain-
ant to his or her former position, to-
gether with compensation (including 
back pay with interest) and restore 
the terms, conditions, and privileges 
associated with his or her employ-
ment; 
‘‘(III) to provide compensatory 
damages to the complainant; and 
‘‘(IV) expungement of all warn-
ings, reprimands, or derogatory ref-
erences that have been placed in 
paper or electronic records or data-
bases of any type relating to the ac-
tions by the complainant that gave 
rise to the unfavorable personnel ac-
tion, and, at the complainant’s direc-
tion, transmission of a copy of the de-
cision on the complaint to any person 
whom the complainant reasonably be-
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lieves may have received such unfavor-
able information. 
‘‘(ii) COSTS
AND
EXPENSES.—If an 
order is issued under clause (i), the Sec-
retary of Labor, at the request of the com-
plainant, shall assess against the person 
against whom the order is issued, a sum 
equal to the aggregate amount of all costs 
and expenses (including attorney fees and 
expert witness fees) reasonably incurred, 
as determined by the Secretary of Labor, 
by the complainant for, or in connection 
with, the bringing of the complaint upon 
which the order was issued. 
‘‘(C) FRIVOLOUS
CLAIMS.—If the Sec-
retary of Labor finds that a complaint under 
paragraph (1) is frivolous or has been brought 
in bad faith, the Secretary of Labor may award 
to the prevailing employer or labor organization 
a reasonable attorney fee, not exceeding $1,000, 
to be paid by the complainant. 
‘‘(D) DE NOVO REVIEW.— 
‘‘(i) FAILURE OF THE SECRETARY TO 
ACT.—If the Secretary of Labor has not 
issued a final order within 270 days after 
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the date of filing of a complaint under this 
subsection, or within 90 days after the 
date of receipt of a written determination, 
the complainant may bring an action at 
law or equity for de novo review in the ap-
propriate district court of the United 
States having jurisdiction, which shall have 
jurisdiction over such an action without re-
gard to the amount in controversy, and 
which action shall, at the request of either 
party to such action, be tried by the court 
with a jury. 
‘‘(ii) 
PROCEDURES.—A 
proceeding 
under clause (i) shall be governed by the 
same legal burdens of proof specified in 
paragraph (3). The court shall have juris-
diction to grant all relief necessary to 
make the employee whole, including injunc-
tive relief and compensatory damages, in-
cluding— 
‘‘(I) reinstatement with the same 
seniority status that the employee 
would have had, but for the discharge 
or discrimination; 
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‘‘(II) the amount of back pay, 
with interest; 
‘‘(III) compensation for any spe-
cial damages sustained as a result of 
the discharge or discrimination, in-
cluding litigation costs, expert witness 
fees, and reasonable attorney fees; 
and 
‘‘(IV) expungement of all warn-
ings, reprimands, or derogatory ref-
erences that have been placed in 
paper or electronic records or data-
bases of any type relating to the ac-
tions by the complainant that gave 
rise to the unfavorable personnel ac-
tion, and, at the complainant’s direc-
tion, transmission of a copy of the de-
cision on the complaint to any person 
whom the complainant reasonably be-
lieves may have received such unfavor-
able information. 
‘‘(E) OTHER APPEALS.—Unless the com-
plainant brings an action under subparagraph 
(D), any person adversely affected or aggrieved 
by a final order issued under subparagraph (A) 
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may file a petition for review of the order in the 
United States Court of Appeals for the circuit 
in which the violation with respect to which the 
order was issued, allegedly occurred or the cir-
cuit in which the complainant resided on the 
date of such violation, not later than 60 days 
after the date of the issuance of the final order 
of the Secretary of Labor under subparagraph 
(A). Review shall conform to chapter 7 of title 
5, United States Code. The commencement of 
proceedings under this subparagraph shall not, 
unless ordered by the court, operate as a stay 
of the order. An order of the Secretary of 
Labor with respect to which review could have 
been obtained under this subparagraph shall 
not be subject to judicial review in any criminal 
or other civil proceeding. 
‘‘(5) FAILURE TO COMPLY WITH ORDER.— 
‘‘(A) ACTIONS
BY
THE
SECRETARY.—If 
any person has failed to comply with a final 
order issued under paragraph (4), the Secretary 
of Labor may file a civil action in the United 
States district court for the district in which 
the violation was found to have occurred, or in 
the United States district court for the District 
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of Columbia, to enforce such order. In actions 
brought under this paragraph, the district 
courts shall have jurisdiction to grant all appro-
priate relief including injunctive relief, compen-
satory and punitive damages. 
‘‘(B) CIVIL ACTIONS TO COMPEL COMPLI-
ANCE.—A person on whose behalf an order was 
issued under paragraph (4) may commence a 
civil action against the person to whom such 
order was issued to require compliance with 
such order. The appropriate United States dis-
trict court shall have jurisdiction, without re-
gard to the amount in controversy or the citi-
zenship of the parties, to enforce such order. 
‘‘(C) AWARD
OF
COSTS
AUTHORIZED.— 
The court, in issuing any final order under this 
paragraph, may award costs of litigation (in-
cluding reasonable attorney and expert witness 
fees) to any party, whenever the court deter-
mines such award is appropriate. 
‘‘(D) 
MANDAMUS
PROCEEDINGS.—Any 
nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding 
brought under section 1361 of title 28, United 
States Code. 
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‘‘(d) UNENFORCEABILITY
OF
CERTAIN
AGREE-
MENTS.—Notwithstanding any other provision of law, the 
rights and remedies provided for in this section may not 
be waived by any agreement, policy, form, or condition of 
employment, including by any predispute arbitration 
agreement. 
‘‘(e) SAVINGS.—Nothing in this section shall be con-
strued to diminish the rights, privileges, or remedies of 
any employee who exercises rights under any Federal or 
State law or common law, or under any collective bar-
gaining agreement.’’. 
(c) PUBLIC AVAILABILITY OF INFORMATION.—Sec-
tion 203(b) of the Labor-Management Reporting and Dis-
closure Act of 1959 (29 U.S.C. 433(b)) is amended in the 
matter following paragraph (2) by striking the period at 
the end and inserting ‘‘and shall make such information 
available to the public in a readily accessible and search-
able electronic format, and through a secure software ap-
plication for use on an electronic device.’’. 
TITLE III—OTHER MATTERS 
SEC. 301. ELECTRONIC VOTING IN UNION ELECTIONS. 
(a) IN GENERAL.— 
(1) ELECTRONIC
VOTING
SYSTEM.—Notwith-
standing any other provision of law, subject to the 
provisions of this section, not later than 1 year after 
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the date of the enactment of this Act, the National 
Labor Relations Board shall implement a system 
and procedures to conduct representation elections 
remotely using an electronic voting system. 
(2) PROCEDURES.—The procedures under para-
graph (1) shall ensure that each employee voting in 
a representation election may choose to cast a vote 
using either an internet voting system or a telephone 
voting system. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, and in each subsequent re-
port under section 3(c) of the National Labor Relations 
Act (29 U.S.C. 153(c)), the Board shall submit to Con-
gress a report containing a description of the following: 
(1) For each representation petition under sec-
tion 9 of the National Labor Relations Act filed— 
(A) the case name and case number; 
(B) the number of days between the peti-
tion and the election; 
(C) the number of days between the stipu-
lation or direction of election and the election; 
(D) the method of the election; 
(E) the results of the election; and 
(F) the number of eligible voters, the num-
ber of voters participating in the election, and 
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the method by which each of the voters sub-
mitted their vote. 
(2) The total cost of conducting all elections the 
Board conducted through the system and procedures 
required by subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) ELECTRONIC VOTING SYSTEM.—The term 
‘‘electronic voting system’’— 
(A) includes an internet voting system and 
a telephone voting system; and 
(B) does not include machines used for 
casting votes at a polling site or an electronic 
tabulation system where votes are cast non-elec-
tronically but counted electronically (such as a 
punch card or optical scanning system). 
(2) INTERNET
VOTING
SYSTEM.—The term 
‘‘internet voting system’’ means an internet-based 
voting system that allows a participant to cast a bal-
lot remotely using a personal computer or other mo-
bile electronic device that is connected to the inter-
net. 
(3) TELEPHONE
VOTING
SYSTEM.—The term 
‘‘telephone voting system’’ means a voting system in 
which participants may cast a vote remotely using a 
telephone. 
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(4) REMOTELY.—The term ‘‘remotely’’, used 
with respect to voting in a representation election, 
means a vote may be cast at any site chosen by a 
participant in such election. 
(5) REPRESENTATION
ELECTION.—The term 
‘‘representation election’’ means a representation 
election under section 9 of the National Labor Rela-
tions Act (29 U.S.C. 159). 
SEC. 302. GAO REPORT ON SECTORAL BARGAINING. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Comptroller General 
shall conduct a review of collective bargaining at the sec-
toral level in a geographically diverse set of countries 
where sectoral bargaining is facilitated and prepare and 
submit to Congress a report with respect to such countries 
that— 
(1) identifies, analyzes, and compares— 
(A) the laws and policies governing or re-
lated to collective bargaining at the sectoral 
level; 
(B) the administrative systems facilitating 
such bargaining; and 
(C) the procedures involved in sectoral bar-
gaining; 
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(2) to the extent practicable, consider reported 
effects of the policies and procedures described in 
paragraph (1) on— 
(A) the wages and compensation of em-
ployees; 
(B) the number of full-time and part-time 
employees; 
(C) prices, sales, and revenues; 
(D) employee turnover and retention; 
(E) hiring and training costs; 
(F) productivity and absenteeism; and 
(G) the development of emerging indus-
tries, 
including 
those 
that 
engage 
their 
workforces through technology; and 
(3) describes the methodology used to generate 
the information in the report. 
SEC. 303. SEVERABILITY. 
If any provision of this Act or the application thereof 
to any person or circumstance is held invalid, the remain-
der of this Act, or the application of that provision to per-
sons or circumstances other than those as to which it is 
held invalid, is not affected thereby. 
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SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this 
Act and the amendments made by this Act. 
SEC. 305. RULE OF CONSTRUCTION. 
The amendments made under this Act shall not be 
construed to amend section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a). 
SEC. 306. RULE OF CONSTRUCTION. 
The amendments made by this Act shall not be con-
strued to affect the jurisdictional standards of the Na-
tional Labor Relations Board, including any standards 
that measure the size of a business with respect to reve-
nues, that are used to determine whether an industry is 
affecting commerce for purposes of determining coverage 
under the National Labor Relations Act (29 U.S.C. 151 
et seq.). 
SEC. 307. RULE OF CONSTRUCTION. 
Nothing in this Act or the amendments made by this 
Act shall be construed to affect the privacy of employees 
with respect to voter lists provided to labor organizations 
by employers pursuant to elections directed by the Board. 
SEC. 308. RULE OF CONSTRUCTION. 
The amendments made under this Act shall not be 
construed to affect the definitions of ‘‘employer’’ or ‘‘em-
ployee’’ under the laws of any State that govern the wages, 
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work hours, workers’ compensation, or unemployment in-
surance of employees. 
SEC. 309. GAO REPORT. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall one year after the date of enactment 
of this Act commence a study on the impact of section 
101(a) and section 101(b) of this Act regarding— 
(1) the effect on coverage of employees under of 
the National Labor Relations Act, and the impact 
from such change in coverage, on their capacity in 
various sectors to form unions and collectively bar-
gain as a means to improve wages, benefits, work-
place safety, and other working conditions; and 
(2) the effect on employers and other enter-
prises regarding the right of employees to organize 
and collectively bargain over wages, benefits, work-
place safety, and other working conditions in such 
sectors. 
(b) FACTORS.—Such study shall identify, compare, 
and analyze impacts from changes implicated by section 
101(a) and section 101(b) on— 
(1) flexibility for employees with respect to 
hours, shifts, assignments and working arrange-
ments; 
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(2) rates of compensation, health care, and em-
ployee benefits; 
(3) resolution of grievances and disputes, in-
cluding employers’ ability to terminate and employ-
ees’ right to due process; 
(4) use of technology or algorithms, including 
the adoption of new technology and algorithms; and 
(5) workplace safety and health. 
(c) STAKEHOLDER INPUT.—In preparing the report, 
the Comptroller General of the United States shall gather 
information from impacted stakeholders, including various 
business enterprises and labor organizations. In devel-
oping a list of stakeholders, the Comptroller General of 
the United States shall consult with the House Committee 
on Education and Workforce and the Senate Committee 
on Health, Education, Labor, and Pensions. 
(d) CONGRESSIONAL REPORT.—Six months after the 
commencement of the study, the Comptroller General of 
the United States shall transmit the findings and report 
to the Committee on Education and Workforce of the 
House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate, and con-
sistent with the policies of the Comptroller General of the 
United States, make the findings and report available to 
the public. 
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(e) PRESIDENTIAL CONSIDERATION.—The President, 
in consultation with the Department of Labor and other 
agencies as the President deems appropriate, shall, subse-
quent to the issuance of such report, consider such find-
ings, and within 60 days may recommend that the House 
of Representatives and the Senate modify section 101(a) 
or section 101(b), or both or make no recommendations. 
(f) SENSE OF CONGRESS.—It is the sense of Con-
gress that Congress shall consider whether to accept, re-
ject, or modify any recommendations received under (e), 
as it deems appropriate. 
Æ 
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