this subsection may also be assessed against any of-
ficer or director of the employer who committed the 
violation or had the authority to prevent the viola-
tion. 
‘‘(d) JOINT AND SEVERAL LIABILITY.—An employer 
shall be jointly and severally liable under this Act for any 
violations of this Act involving one or more employees sup-
plied by another employer to perform labor within the em-
ployer’s usual course of business, except for purposes of 
subsection (e).’’. 
(c) INJUNCTIONS AGAINST UNFAIR LABOR PRAC-
TICES INVOLVING DISCHARGE OR OTHER SERIOUS ECO-
NOMIC LOSS.— 
(1) IN GENERAL.—Section 10(l) of the National 
Labor Relations Act (29 U.S.C. 160(l)) is amend-
ed— 
(A) by inserting after ‘‘charged that’’ the 
following: ‘‘an employer has engaged in an un-
fair labor practice within the meaning of section 
8(a) that significantly interferes with, restrains, 
or coerces employees in the exercise of the 
rights guaranteed under section 7 and involves 
discharge or other serious economic harm to an 
employee or’’; and 
VerDate Sep 11 2014 
21:55 Sep 17, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3514.IH
H3514
asabaliauskas on DSK5VPTVN1PROD with BILLS
(B) by striking ‘‘as it deems just and prop-
er, notwithstanding any other provision of law:’’ 
and inserting the following: ‘‘to protect the 
rights guaranteed by section 7, notwithstanding 
any other provision of law. 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:’’. 
(2) CONFORMING AMENDMENT.—Section 10(m) 
of the National Labor Relations Act (29 U.S.C. 
160(m)) is amended by inserting ‘‘under cir-
cumstances not subject to subsection (l)’’ after ‘‘sec-
tion 8’’. 
(d) PRIVATE ENFORCEMENT.—Section 12 of the Na-
tional Labor Relations Act (29 U.S.C. 162), as amended 
by subsection (b), is further amended by adding at the 
end the following: 
‘‘(e) RIGHT TO CIVIL ACTION.— 
‘‘(1) IN GENERAL.—Any person who is injured 
by reason of any violation of paragraph (1) or (3) 
of section 8(a) may, in addition to or in lieu of filing 
a charge alleging such unfair labor practice with the 
Board in accordance with this Act, bring a civil ac-
tion in the appropriate district court of the United 
VerDate Sep 11 2014 
21:55 Sep 17, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3514.IH
H3514
asabaliauskas on DSK5VPTVN1PROD with BILLS
States against the employer within 180 days of the 
violation. 
‘‘(2) AVAILABLE RELIEF.—Relief granted in an 
action under paragraph (1) may include any relief 
authorized by section 706(g) of the Civil Rights Act 
of 1965 (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 FEE.—In any action or pro-
ceeding under this subsection, the court may allow 
the prevailing party a reasonable attorney’s fee (in-
cluding expert fees) as part of the costs.’’. 
(e) ENSURING FAIR REMEDIES
FOR ALL WORK-
ERS.—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 back pay shall not be denied on the basis 
that the employee is, or was during the time of relevant 
employment or during the back pay period, an unauthor-
ized alien as defined in section 274A(h)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1324a(h)(3)) or any 
other provision of Federal law relating to the unlawful em-
ployment of aliens:’’. 
VerDate Sep 11 2014 
21:55 Sep 17, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3514.IH
H3514
asabaliauskas on DSK5VPTVN1PROD with BILLS
(f) REMEDYING ELECTION INTERFERENCE.—Section 
9(c) of the National Labor Relations Act (29 U.S.C. 
159(c)) is amended— 
(1) by redesignating paragraphs (4) and (5) as 
paragraphs (6) and (7), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) BARGAINING ORDER BASED ON MAJORITY OF 
VOTES.—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, 
the Board shall issue an order requiring the employer to 
collectively bargain with the labor organization in accord-
ance with section 8(d). 
‘‘(5) DISMISSAL; BARGAINING ORDERS IN OTHER 
SITUATIONS.— 
‘‘(A) DISMISSAL.—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 organization, the 
Board shall dismiss the petition, subject to subpara-
graphs (B) and (C). 
VerDate Sep 11 2014 
21:55 Sep 17, 2015
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3514.IH
H3514
asabaliauskas on DSK5VPTVN1PROD with BILLS
‘‘(B) SPECIAL RULES FOR EMPLOYER VIOLA-
TIONS
OR
INTERFERENCE.—In any case where 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 and the Board determines that the election 
should be set aside because the employer has com-
mitted a violation of this Act, or otherwise interfered 
with a fair election, and has not demonstrated that 
the violation or other interference is unlikely to have 
affected the outcome of the election, the Board shall, 
without ordering a new or rerun election, issue an 
order requiring the employer to bargain with the 
labor organization in accordance with section 8(d) if, 
at any time during the period beginning 1 year pre-
ceding 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 interference 
under subparagraph (A), a majority of the employ-
ees in the bargaining unit have signed authorizations 
designating the labor organization as their collective 
bargaining representative. 
‘‘(C) OTHER
ELECTION
INTERFERENCE.—In 
any case where the Board determines that an elec-
tion under this paragraph should be set aside, the 
VerDate Sep 11 2014 
21:55 Sep 17, 2015
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3514.IH
H3514
asabaliauskas on DSK5VPTVN1PROD with BILLS
Board shall direct a rerun election with appropriate 
additional safeguards necessary to ensure a fair elec-
tion process, except in cases where the Board issues 
a bargaining order under subparagraph (B).’’. 
SEC. 5. MODERNIZATION. 
(a) PREVENTION OF UNFAIR LABOR PRACTICES.— 
Section 8 of the National Labor Relations Act (29 U.S.C. 
158) is amended by adding at the end the following: 
‘‘(h) POSTINGS OF NOTICE.— 
‘‘(1) IN GENERAL.—The Board shall promul-
gate regulations requiring each employer to post and 
maintain, in conspicuous places where notices to em-
ployees and applicants for employment are custom-
arily posted both physically and electronically, a no-
tice setting forth the rights and protections afforded 
employees under this Act. The Board shall provide 
to employers the form and text of such notice. 
‘‘(2) NOTIFICATION OF NEW EMPLOYEES.—The 
Board shall promulgate regulations requiring em-
ployers to notify each new employee of the informa-
tion contained in the notice described in paragraph 
(1).’’. 
(b) ENFORCING COMPLIANCE WITH ORDERS OF THE 
BOARD.— 
VerDate Sep 11 2014 
21:55 Sep 17, 2015
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3514.IH
H3514
asabaliauskas on DSK5VPTVN1PROD with BILLS
(1) IN GENERAL.—Section 10 of the National 
Labor Relations Act (29 U.S.C. 160) is amended— 
(A) by striking subsection (e); 
(B) by redesignating subsection (d) as sub-
section (e); and 
(C) by inserting after subsection (c) the 
following: 
‘‘(d) ENFORCING COMPLIANCE WITH ORDERS OF 
THE BOARD.— 
‘‘(1) IN GENERAL.—Each order of the Board 
shall take effect 30 days from the date upon which 
notice of the order is given, unless otherwise directed 
by the Board. Each such orders shall continue in 
force indefinitely or for the period of time specified 
in the order, or until the Board or a court of com-
petent jurisdiction issues a superseding order. 
‘‘(2) APPLICATION OF THE BOARD.—If any per-
son or entity fails or neglects to obey any order of 
the Board while such order is in effect, the Board 
shall apply to the district court of the United States 
in which the unfair labor practice or other subject 
of the order occurred, or in which such person or en-
tity resides or transacts business, for the enforce-
ment of such order. The Board shall file in the court 
the record in the proceedings, as provided in section 
VerDate Sep 11 2014 
21:55 Sep 17, 2015
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3514.IH
H3514
asabaliauskas on DSK5VPTVN1PROD with BILLS
2112 of title 28, United States Code. Any person 
that was a party to the underlying Board proceeding 
may join in the proceeding initiated by the Board. 
‘‘(3) PROCEDURE.—If, after having provided a 
person or entity with notice and an opportunity to 
be heard regarding a request under paragraph (2) 
for the enforcement of an order, the court deter-
mines that the order was regularly made and duly 
served, and that the person or entity is in disobe-
dience of the same, the court shall enforce obedience 
to such order by a writ of injunction or other proper 
process, mandatory or otherwise, to— 
‘‘(A) restrain such person or entity or the 
officers, agents, or representatives of such per-
son or entity, from further disobedience of such 
order; or 
‘‘(B) enjoin upon such person or entity, of-
ficers, agents, or representatives obedience to 
the same. 
‘‘(4) VIOLATIONS OF ORDERS BY THE BOARD.— 
Any person or entity who willfully and knowingly 
violates any rule, regulation, restriction, condition, 
or order made or imposed by the Board under au-
thority of this Act shall, in addition to any other 
penalties provided by law, be subject to a civil pen-
VerDate Sep 11 2014 
21:55 Sep 17, 2015
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3514.IH
H3514
asabaliauskas on DSK5VPTVN1PROD with BILLS
alty of not to exceed $10,000 for each and every day 
during which such violation occurs, commencing with 
the effective date of any such rule, regulation, re-
striction, condition, or order. Such civil penalty may 
be imposed by the Board or by a court in a pro-
ceeding initiated by the Board under this sub-
section.’’. 
(2) CONFORMING AMENDMENTS.—The National 
Labor Relations Act (29 U.S.C. 151 et seq.) is 
amended— 
(A) in section 9(d), by striking ‘‘section 
10(e) or 10(f)’’ and inserting ‘‘subsection (d) or 
(f) of section 10’’; and 
(B) in section 10— 
(i) in subsection (f), by striking ‘‘sub-
section (e) of this section’’ and inserting 
‘‘subsection (d)’’; and 
(ii) in subsection (g), by striking 
‘‘subsection (e) or (f) of this section’’ and 
inserting ‘‘subsection (d) or (f)’’. 
Æ 
VerDate Sep 11 2014 
21:55 Sep 17, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6301
E:\BILLS\H3514.IH
H3514
asabaliauskas on DSK5VPTVN1PROD with BILLS