I 
115TH CONGRESS 
2D SESSION 
H. R. 6080 
To amend the National Labor Relations Act, the Labor Management Rela-
tions Act, 1947, the Labor-Management Reporting and Disclosure Act, 
1959, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2018 
Mr. SCOTT of Virginia (for himself, Mr. SABLAN, Mr. TAKANO, Mr. 
ESPAILLAT, Ms. BONAMICI, Ms. WILSON of Florida, Mr. POCAN, Ms. 
DELAURO, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. GARAMENDI, 
Mr. DESAULNIER, Ms. JUDY CHU of California, Ms. SCHAKOWSKY, Ms. 
NORTON, Mr. CICILLINE, Mr. KHANNA, Mr. BRADY of Pennsylvania, Mr. 
NORCROSS, Ms. ROYBAL-ALLARD, Mr. CUMMINGS, Mrs. WATSON COLE-
MAN, Mrs. DAVIS of California, Mrs. NAPOLITANO, Mr. NADLER, Mr. 
PALLONE, Ms. SA´NCHEZ, Ms. SHEA-PORTER, Mr. MICHAEL F. DOYLE 
of Pennsylvania, Mr. LOWENTHAL, Ms. HANABUSA, Mr. ELLISON, Mr. 
AL GREEN of Texas, Mrs. DINGELL, Mr. LAMB, and Mr. COURTNEY) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and the Workforce, and in addition to the Committee on Oversight 
and Government Reform, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend the National Labor Relations Act, the Labor 
Management Relations Act, 1947, the Labor-Manage-
ment Reporting and Disclosure Act, 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Workers’ Freedom to 
Negotiate Act of 2018’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The National Labor Relations Act (29 
U.S.C. 151 et seq.) was enacted to encourage the 
practice of collective bargaining and to protect the 
exercise by workers of full freedom of association in 
the workplace. Since its enactment in 1935, tens of 
millions of workers have bargained with their em-
ployers over wages, benefits, and other terms and 
conditions of employment and have raised the stand-
ard of living for all workers. 
(2) According to the Bureau of Labor Statis-
tics, union members earn 25.6 percent more than 
workers who are not covered by a collective bar-
gaining agreement. Workers who are represented by 
a union are 28 percent more likely to be offered 
health insurance through work and nearly 5 times 
more likely to have defined benefit pensions. The 
wage differential is significant for women and people 
of color. African-American union members earn 25 
percent more than African-American workers who 
are not covered by a collective bargaining agreement, 
and Latino union members earn 42.6 percent more 
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than Latino workers who are not covered by a collec-
tive bargaining agreement. Women union members 
earn 30 percent more than women who are not cov-
ered by a collective bargaining agreement, and the 
wage gap between men and women is much smaller 
at workplaces covered by a collective bargaining 
agreement because collective bargaining agreements 
ensure the same rate is paid to workers for a par-
ticular job without regard to gender. The wage and 
benefit gains achieved through collective bargaining 
agreements benefit both workers and their commu-
nities. 
(3) Unions and collective bargaining ensure 
that productivity gains are shared by working peo-
ple. The decline in the percentage of workers covered 
by collective bargaining has contributed to sky-
rocketing income inequality and wage stagnation for 
the average worker. 
(4) The National Labor Relations Act protects 
the right of workers to join together with their co-
workers in concerted activities for their mutual aid 
or protection. This protection applies broadly to all 
concerted activities by workers aimed at improving 
the terms and conditions of their employment or aid-
ing each other in any way, regardless of whether 
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workers are seeking to form a union or engage in 
collective bargaining with their employer. 
(5) The Act protects the right of workers to 
discuss issues like pay and benefits without retalia-
tion or interference by employers. However, the 
awareness of workers regarding their rights under 
the Act is lacking, due in part to the absence of any 
legally required notice informing employees of the 
rights and responsibilities under the Act. Many em-
ployers maintain policies that restrict the ability of 
workers to discuss workplace issues with each other, 
directly contravening these rights. Research shows 
that more than one-half of workers report that their 
employers have policies that prohibit or discourage 
workers from discussing pay with their coworkers. 
These policies and practices impede workers from 
exercising their rights under the Act and impair 
their freedom of association at work. 
(6) Retaliation by employers against workers 
who exercise their rights under the National Labor 
Relations Act persists at troubling levels. Employers 
routinely fire workers for trying to form a union at 
their workplace. In one out of 3 organizing cam-
paigns, one or more workers are discharged for sup-
porting or joining a union. 
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(7) The current remedies are inadequate to 
deter employers from violating the National Labor 
Relations Act. The remedies and penalties for viola-
tions of the Act are far weaker than for other labor 
and employment laws. Unlike other major labor and 
employment laws, there are no civil penalties for vio-
lations of the National Labor Relations Act. Work-
ers cannot go to court to pursue relief on their own 
and must rely on the National Labor Relations 
Board to prosecute their case. Should the Board de-
cline to prosecute for any reason, aggrieved workers 
have no other remedy. 
(8) Unlike orders of other Federal agencies, the 
orders of the National Labor Relations Board are 
not enforced until the Board seeks enforcement from 
the Court of Appeals. As far back as 1969, the Ad-
ministrative Conference of the United States recog-
nized that the absence of a self-enforcing agency 
order imposes wasteful delays in the enforcement of 
the National Labor Relations Act, and recommended 
that the Board’s orders be made self-enforcing like 
those of other agencies. Congress did not act upon 
this recommendation, and delays in the Board’s en-
forcement remain a problem undermining the effec-
tiveness of the Act. 
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(9) Many workers do not currently enjoy the 
protections of the National Labor Relations Act be-
cause they are excluded from coverage under the Act 
or interpretations of the Act. 
(10) Too often, workers who choose to form 
unions are frustrated when their employers use delay 
and other tactics to avoid reaching an initial collec-
tive bargaining agreement. Estimates are that in as 
many as half of new organizing campaigns, workers 
and their employers fail to reach an initial collective 
bargaining agreement. 
(11) While the National Labor Relations Act 
guarantees workers the right to strike, courts have 
permitted employers to ‘‘permanently replace’’ work-
ers who exercise their right to strike. This is con-
trary to Congress’s intent in enacting the National 
Labor Relations Act and has led to confusion 
amongst workers regarding to their right to strike. 
(12) Hearings under section 9 of the National 
Labor Relations Act (29 U.S.C. 159) exist to assure 
to employees the fullest freedom in exercising the 
rights guaranteed by the Act. However, some em-
ployers have abused the representation process of 
the National Labor Relations Board to impede work-
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ers from freely choosing their own representatives 
and exercising their rights under the Act. 
(13) So-called ‘‘right-to-work’’ laws do not give 
any employee the right to a job. While Federal law 
requires unions to fairly represent all members of a 
given bargaining unit, and thereby expend resources 
on all unit members, many States’ so-called ‘‘right- 
to-work’’ laws prohibit unions from charging all 
members for the representation and services that the 
unions are legally obliged to render. Section 14(b) of 
the National Labor Relations Act (29 U.S.C. 
164(b)) must be reformed to permit unions and em-
ployers to mutually agree that payment of fair share 
fees shall be a condition of employment following ini-
tial hiring. 
(14) Restrictions on so-called ‘‘secondary boy-
cotts’’ and ‘‘recognitional picketing’’ unduly impede 
workers’ ability to engage in peaceful conduct and 
expression. Workers must be free to act in solidarity 
with workers in other workplaces in order to improve 
labor standards and achieve other lawful ends for 
mutual aid or protection. 
(15) In order to make the right to collective 
bargaining and freedom of association in the work-
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place a reality for workers, the National Labor Rela-
tions Act must be strengthened. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to strengthen protections for employees en-
gaged in collective bargaining to improve their 
wages, hours, and terms and conditions of employ-
ment; 
(2) to expand coverage under the National 
Labor Relations Act (29 U.S.C. 151 et seq.) to more 
employees; 
(3) to provide a process by which workers and 
employers can successfully negotiate an initial collec-
tive bargaining agreement; 
(4) to provide a stronger deterrent and fairer 
remedies for workers who face retaliation, discrimi-
nation, or other interference with their legal rights 
to act concertedly, join a union, or engage in collec-
tive bargaining; 
(5) to broadly protect employees’ right to en-
gage in concerted activities for mutual aid or protec-
tion; 
(6) to streamline the enforcement procedures of 
the National Labor Relations Board to provide for 
more timely and effective enforcement of the law; 
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(7) to safeguard the right to strike by prohib-
iting ‘‘permanent replacement’’ of striking workers; 
(8) to repeal specific prohibitions on collective 
action and peaceful expression; 
(9) to permit fair share fee arrangements in 
order to promote workers’ freedom of association 
and encourage the practice of collective bargaining; 
(10) to improve the purchasing power of wage 
earners in industry; 
(11) to promote the stabilization of fair wage 
rates and humane working conditions within and be-
tween industries; and 
(12) to redress the inequality of bargaining 
power between employees and employers. 
TITLE I—AMENDMENTS TO 
LABOR LAWS 
SEC. 101. AMENDMENTS TO THE NATIONAL LABOR RELA-
TIONS ACT. 
(a) DEFINITIONS OF EMPLOYEE AND SUPERVISOR.— 
(1) Section 2(3) of the National Labor Rela-
tions Act (29 U.S.C. 152) is amended by inserting 
at the end the following: ‘‘An individual performing 
any service shall be considered an employee (except 
as provided in the previous sentence) and not an 
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independent contractor for purposes of this Act, un-
less— 
‘‘(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 
‘‘(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.’’. 
(2) Section 2(11) of the National Labor Rela-
tions Act (29 U.S.C. 152(11)) is amended— 
(A) by inserting ‘‘and for a majority of the 
individual’s worktime’’ after ‘‘interest of the 
employer’’; 
(B) by striking ‘‘assign,’’; and 
(C) by striking ‘‘or responsibly to direct 
them,’’. 
(b) APPOINTMENT.—Section 4(a) of the National 
Labor Relations Act (29 U.S.C. 154(a)) is amended by 
striking ‘‘, or for economic analysis’’. 
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(c) UNFAIR LABOR PRACTICES.—Section 8 of the 
National Labor Relations Act (29 U.S.C. 158) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (5), by striking the pe-
riod and inserting ‘‘; and’’; 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)); or 
‘‘(B) to discriminate against an employee 
who is working or has unconditionally offered to 
return to work for the employer because the 
employee supported or participated in such a 
strike.’’; 
(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 adding ‘‘and’’ at the end; and 
(D) in paragraph (5), as so redesignated, 
by striking ‘‘; and’’ and inserting a period; 
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(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 
an employee to attend or participate in campaign ac-
tivities unrelated to the employee’s job duties, in-
cluding activities that are subject to the require-
ments under section 203(b) of the Labor-Manage-
ment Reporting and Disclosure Act, 1959 (29 
U.S.C. 433(b)).’’; 
(4) 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 
to enter into any contract or agreement, express or im-
plied, whereby an employee of the employer undertakes or 
promises not to pursue, bring, join, litigate, or support any 
kind of collective legal claim arising from or relating to 
the employment of such employee in any forum that, but 
for such contract or agreement, is of competent jurisdic-
tion. The provisions of this subsection shall not apply with 
respect to employees who are represented by a labor orga-
nization and covered by a collective-bargaining agreement 
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in effect with the employer. Any contract or agreement 
entered into heretofore or hereafter containing an agree-
ment prohibited by this subsection shall be to such extent 
unenforceable and void.’’; and 
(5) 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 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 sentences. 
‘‘(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 
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 
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and mobile phone numbers, and work and personal email 
addresses. Not later than 9 months after the date of en-
actment of the Workers’ Freedom to Negotiate Act of 
2018, the Board shall promulgate regulations imple-
menting the requirements of this paragraph. 
‘‘(i) Whenever collective bargaining is for the purpose 
of establishing an initial agreement following certification 
or recognition, the provisions of subsection (d) shall be 
modified as follows: 
‘‘(1) Not later than 10 days after receiving a 
written request for collective bargaining from an in-
dividual or labor organization that has been newly 
organized 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 
reasonable effort to conclude and sign a collective 
bargaining agreement. 
‘‘(2) If after the expiration of the 90-day period 
beginning on the date on which bargaining is com-
menced, 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 
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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. 
‘‘(3) If after the expiration of the 30-day period 
beginning on the date on which the request for me-
diation is made under paragraph (2), or such addi-
tional 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. A majority of the tripartite arbitration panel 
shall render a decision settling the dispute and such 
decision shall be binding upon the parties for a pe-
riod of 2 years, unless amended during such period 
by written consent of the parties. Such decision shall 
be based on the following considerations: 
‘‘(A) the employer’s financial status and 
prospects; 
‘‘(B) the size and type of the employer’s 
operations and business; 
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‘‘(C) the employees’ cost of living; 
‘‘(D) the employees’ ability to sustain 
themselves, their families, and their dependents 
on the wages and benefits they earn from the 
employer; and 
‘‘(E) the wages and benefits other employ-
ers in the same business provide their employ-
ees.’’. 
(d) REPRESENTATIVES AND ELECTIONS.—Section 9 
of the National Labor Relations Act (29 U.S.C. 159) is 
amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘as may be’’ and all 
that follows through ‘‘by an employee’’ and 
inserting ‘‘as may be prescribed by the 
Board, by an employee’’; 
(ii) by striking ‘‘; or’’ and all that fol-
lows through ‘‘the Board shall investigate’’ 
and inserting ‘‘, the Board shall inves-
tigate’’; and 
(iii) by adding at the end the fol-
lowing: ‘‘No employer shall have standing 
as a party, or to intervene, in any rep-
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resentation proceeding under this sec-
tion.’’; 
(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, the Board shall certify the 
labor organization as the representative of the em-
ployees in such unit and shall issue an order requir-
ing the employer to collectively bargain with the 
labor organization in accordance with section 8(d). 
This order shall be deemed an order under section 
10(c) of the Act, without need for a determination 
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 representa-
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tion by the labor organization, the Board shall dis-
miss the petition, 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 that the election should be set 
aside because the employer has committed a viola-
tion 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, without ordering a new or rerun election, cer-
tify the labor organization as the representative of 
the employees in such unit and issue an order re-
quiring the employer to bargain with the labor orga-
nization in accordance 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 interference, a 
majority of the employees in the bargaining unit 
have signed authorizations designating the labor or-
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ganization as their collective bargaining representa-
tive. 
‘‘(C) In any case where the Board determines 
that an election under this paragraph should be set 
aside, the Board shall direct a rerun election with 
appropriate additional safeguards necessary to en-
sure a fair election process, except in cases where 
the Board issues a bargaining order under subpara-
graph (B).’’; and 
(E) by inserting after paragraph (7), as so 
redesignated, the following: 
‘‘(8) 
Except 
under 
extraordinary 
cir-
cumstances— 
‘‘(A) a pre-election hearing under this sub-
section shall begin not later than 8 days after 
a notice of such hearing is served on the par-
ties; and 
‘‘(B) a post-election hearing under this 
subsection shall begin not later than 14 days 
after the filing of objections, if any.’’; and 
(2) in subsection (d), by striking ‘‘(e) or’’ and 
inserting ‘‘(d) or’’. 
(e) PREVENTION OF UNFAIR LABOR PRACTICES.— 
(1) IN
GENERAL.—Section 10(c) of the Na-
tional Labor Relations Act (29 U.S.C. 160(c)) is 
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amended by striking ‘‘suffered by him’’ and insert-
ing ‘‘suffered by such employee: Provided further, 
That if the Board finds that an employer has dis-
criminated against an employee in violation of para-
graph (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 appro-
priate), consequential damages, and an additional 
amount as liquidated damages equal to 2 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 employment or during the back pay pe-
riod, 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 provision of 
Federal law relating to the unlawful employment of 
aliens’’. 
(f) ENFORCING COMPLIANCE WITH ORDERS OF THE 
BOARD.—Section 10 of the National Labor Relations Act 
(29 U.S.C. 160) is amended— 
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(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 take effect 
upon issuance of such order, unless otherwise directed by 
the Board, and shall remain in effect unless modified by 
the Board or unless a court of competent jurisdiction 
issues a superseding order. 
‘‘(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 Board and may be recovered in 
a civil action brought by the Board 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 entity resides or transacts business. No action 
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. 
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‘‘(3) If, after having provided a person or entity with 
notice and an opportunity to be heard regarding a civil 
action under subparagraph (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 a writ of injunction or other proper 
process, mandatory or otherwise, to— 
‘‘(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 upon such person or entity, officers, 
agents, or representatives 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: 
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‘‘(2) No objection that has not been urged be-
fore the Board, its member, agent, or agency shall 
be considered by a court, unless the failure or ne-
glect to urge such objection shall be excused because 
of extraordinary circumstances. 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 additional evi-
dence 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 additional 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 findings, which 
findings with respect to questions of fact if sup-
ported by substantial evidence on the record consid-
ered as a whole shall be conclusive, and shall file its 
recommendations, if any, for the modification or set-
ting aside of its original order. Upon the filing of the 
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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 ap-
plication was made to the district court, and by the 
Supreme Court of the United States upon writ of 
certiorari or certification as provided in section 1254 
of title 28, United States Code.’’; and 
(5) in section 10(g), by striking ‘‘subsection (e) 
or (f) of this section’’ and inserting ‘‘subsection (d) 
or (f)’’. 
(g) INJUNCTIONS AGAINST UNFAIR LABOR PRAC-
TICES INVOLVING DISCHARGE OR OTHER SERIOUS ECO-
NOMIC HARM.—Section 10(j) of the National Labor Rela-
tions Act (29 U.S.C. 160(j)) is amended— 
(1) by striking ‘‘(j) The Board’’ and inserting 
‘‘(j)(1) The Board’’; and 
(2) by adding at the end the following: 
‘‘(2) Notwithstanding subsection (m) of section 
10, whenever it is charged that an employer has en-
gaged in an unfair labor practice within the meaning 
of paragraph (1) or (3) of section 8(a) that signifi-
cantly interferes with, restrains, or coerces employ-
ees in the exercise of the rights guaranteed under 
section 7, or involves discharge or other serious eco-
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nomic harm to an employee, the preliminary inves-
tigation of such charge shall be made forthwith and 
given priority 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 re-
ferred has reasonable cause 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 re-
lief requested unless the court concludes that there 
is no reasonable likelihood that the Board will suc-
ceed on the merits of the Board’s claim.’’; and 
(h) REPEALS.—Section 10 of the National Labor Re-
lations Act (29 U.S.C. 160) is further amended by repeal-
ing subsections (k) and (l). 
(i) PENALTIES.—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: 
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‘‘(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; 
‘‘(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) VIOLATIONS
CAUSING
SERIOUS
ECONOMIC 
HARM TO EMPLOYEES.— 
‘‘(1) IN GENERAL.—Any employer who commits 
an unfair labor practice within the meaning of para-
graph (3) or (4) of section 8(a), or a violation of 
section 8(a) that results in the discharge of an em-
ployee or other serious economic harm to an em-
ployee 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 
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the Board shall double the amount of such penalty, 
to an amount not to exceed $100,000, in any case 
where the employer has within the preceding 5 years 
committed another such violation. 
‘‘(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. 
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‘‘(d) JOINT EMPLOYMENT.—Two or more persons 
shall be employers for purposes of this Act with respect 
to employees if each such person possesses sufficient con-
trol over the employees’ essential terms and conditions of 
employment to permit meaningful collective bargaining. In 
applying this inquiry, the Board or a court of competent 
jurisdiction shall consider as relevant direct control, indi-
rect control, reserved authority to control, and control ex-
ercised in fact: Provided, That nothing in this paragraph 
shall be construed to bring within the definition of em-
ployer under section 2(2) the United States or any wholly 
owned Government corporation, or any Federal Reserve 
Bank, or any State or political subdivision thereof, or any 
person subject to the Railway Labor Act, as amended from 
time to time, or any labor organization (other than when 
acting as an employer), or anyone acting in the capacity 
of officer or agent of such labor organization. 
‘‘(e) RIGHT TO CIVIL ACTION.— 
‘‘(1) IN GENERAL.—Any person who is injured 
by reason of a 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 
States against the employer within 180 days of the 
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violation. No relief under this subsection shall be de-
nied on the basis that the employee is, or was during 
the time of relevant employment or during the back 
pay period, an unauthorized alien as defined in sec-
tion 274(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 (where appropriate); 
‘‘(C) consequential damages; 
‘‘(D) an additional amount as liquidated 
damages equal to 2 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 
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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 
seeking to exercise rights guaranteed by this 
Act, and on the public interest; and 
‘‘(C) the gross income of the employer.’’. 
(3) 
CONFORMING
AMENDMENTS.—Section 
10(b) of the National Labor Relations Act (29 
U.S.C. 160(b)) is amended— 
(A) by striking ‘‘six months’’ and inserting 
‘‘180 days’’; and 
(B) by striking ‘‘the six-month period’’ and 
inserting ‘‘the 180-day period’’. 
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(j) LIMITATIONS.—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 duration, scope, frequency, or intermittence of 
any strike or strikes shall not render such strike or strikes 
unprotected or prohibited.’’. 
(k) FAIR SHARE AGREEMENTS PERMITTED.—Sec-
tion 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 collective bar-
gaining agreements providing that all employees in a bar-
gaining unit shall contribute fees to a labor organization 
for the cost of bargaining and representation as a condi-
tion of employment shall be valid and enforceable notwith-
standing any State or Territorial law.’’. 
SEC. 102. AMENDMENTS TO THE LABOR MANAGEMENT RE-
LATIONS ACT, 1947. 
Section 303 of the Labor Management Relations Act, 
1947 (29 U.S.C. 187) is repealed. 
SEC. 103. AMENDMENTS TO THE LABOR-MANAGEMENT RE-
PORTING AND DISCLOSURE ACT OF 1959. 
Section 203(c) of the Labor-Management Reporting 
and Disclosure Act of 1959 (29 U.S.C. 433(c)) is amended 
by striking the period at the end and inserting the fol-
lowing ‘‘: Provided, That this subsection shall not exempt 
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from the requirements of this section any arrangement or 
part of an arrangement in which a party agrees, for an 
object described in section (b)(1), to plan or conduct em-
ployee meetings; train supervisors or employer representa-
tives to conduct meetings; coordinate or direct activities 
of supervisors or employer representatives; establish or fa-
cilitate employee committees; identify employees for dis-
ciplinary 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 employees.’’. 
TITLE II—FAIR PAY AND SAFE 
WORKPLACES 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COVERED CONTRACT.—The term ‘‘covered 
contract’’ means a Federal contract for the procure-
ment of property or services, including construction, 
valued in excess of $500,000. 
(2) COVERED SUBCONTRACT.—The term ‘‘cov-
ered subcontract’’— 
(A) means a subcontract for property or 
services under a Federal contract that is valued 
in excess of $500,000; and 
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(B) does not include a subcontract for the 
procurement of commercially available off-the- 
shelf items. 
(3) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given the term in section 
133 of title 41, United States Code. 
SEC. 202. PURPOSE. 
The purpose of this title is to— 
(1) ensure that the purchasing power of the 
Federal Government is employed to raise labor 
standards, 
improve 
working 
conditions, 
and 
strengthen workers’ bargaining power; and 
(2) increase efficiency and cost savings in the 
work performed by parties who contract with the 
Federal Government by ensuring that they under-
stand and comply with labor laws, which are de-
signed to promote safe, healthy, fair, and effective 
workplaces and increase the likelihood of enhanced 
productivity in the workplace and the timely, pre-
dictable, and satisfactory delivery of goods and serv-
ices to the Federal Government. 
SEC. 203. REQUIRED PRE-CONTRACT AWARD ACTIONS. 
(a) DISCLOSURES.—The head of an executive agency 
shall ensure that the solicitation for a covered contract re-
quires the offeror— 
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(1) to represent, to the best of the offeror’s 
knowledge and belief, whether there has been any 
administrative merits determination, arbitral award 
or decision, or civil judgment, as defined in guidance 
issued by the Secretary of Labor, rendered against 
the offeror in the preceding 3 years for violations 
of— 
(A) the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.); 
(B) the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 651 et seq.); 
(C) the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1801 et 
seq.); 
(D) the National Labor Relations Act (29 
U.S.C. 151 et seq.); 
(E) subchapter IV of chapter 31 of title 
40, United States Code (commonly known as 
the ‘‘Davis-Bacon Act’’); 
(F) chapter 67 of title 41, United States 
Code (commonly known as the ‘‘Service Con-
tract Act’’); 
(G) Executive Order 11246 (42 U.S.C. 
2000e note; relating to equal employment op-
portunity); 
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(H) section 503 of the Rehabilitation Act 
of 1973 (29 U.S.C. 793); 
(I) section 4212 of title 38, United States 
Code; 
(J) the Family and Medical Leave Act of 
1993 (29 U.S.C. 2601 et seq.); 
(K) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); 
(L) the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
(M) the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 621 et seq.); 
(N) Executive Order 13658 (79 Fed. Reg. 
9851; relating to establishing a minimum wage 
for contractors); or 
(O) equivalent State laws, as defined in 
guidance issued by the Secretary of Labor; 
(2) to require each subcontractor for a covered 
subcontract— 
(A) to represent to the offeror and the en-
tity designated by the final rule reissued under 
subsection (a) of section 206, to the best of the 
subcontractor’s knowledge and belief, whether 
there has been any administrative merits deter-
mination, arbitral award or decision, or civil 
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judgment, as defined in guidance issued by the 
Department of Labor, rendered against the 
subcontractor in the preceding 3 years for viola-
tions of any of the labor laws and executive or-
ders listed under paragraph (1); and 
(B) to update such information every 6 
months for the duration of the subcontract; and 
(3) to consider the advice rendered by the enti-
ty designated by the final rule reissued under sub-
section (a) of section 206 or information submitted 
by a subcontractor pursuant to paragraph (2) in de-
termining whether the subcontractor is a responsible 
source with a satisfactory record of integrity and 
business ethics— 
(A) prior to awarding the subcontract; or 
(B) in the case of a subcontract that is 
awarded or will become effective within 5 days 
of the prime contract being awarded, not later 
than 30 days after awarding the subcontract. 
(b) PRE-AWARD CORRECTIVE MEASURES.— 
(1) IN GENERAL.—A contracting officer, prior 
to awarding a covered contract, shall, as part of the 
responsibility determination, provide an offeror who 
makes a disclosure pursuant to subsection (a) an op-
portunity to report any steps taken to correct the 
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violations of or improve compliance with the labor 
laws listed in paragraph (1) of such subsection, in-
cluding any agreements entered into with an en-
forcement agency. 
(2) CONSULTATION.—The executive agency’s 
Labor Compliance Advisor designated pursuant to 
section 205, in consultation with relevant enforce-
ment agencies, shall advise the contracting officer 
whether agreements are in place or are otherwise 
needed to address appropriate remedial measures, 
compliance assistance, steps to resolve issues to 
avoid further violations, or other related matters 
concerning the offeror. 
(3) RESPONSIBILITY
DETERMINATION.—The 
contracting officer, in consultation with the executive 
agency’s Labor Compliance Advisor, shall consider 
information provided by the offeror under this sub-
section in determining whether the offeror is a re-
sponsible source with a satisfactory record of integ-
rity and business ethics. The determination shall be 
based on the guidelines reissued under subsection 
(b)(1) of section 206 and the final rule reissued 
under subsection (a) of such section. 
(c) REFERRAL
OF INFORMATION
TO SUSPENSION 
AND
DEBARMENT
OFFICIALS.—As appropriate, con-
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tracting officers, in consultation with their executive agen-
cy’s Labor Compliance Advisor, shall refer matters related 
to information provided pursuant to paragraphs (1) and 
(2) of subsection (a) to the executive agency’s suspension 
and debarment official in accordance with agency proce-
dures. 
SEC. 204. POST-AWARD CONTRACT ACTIONS. 
(a) INFORMATION UPDATES.—The contracting offi-
cer for a covered contract shall require that the contractor 
update the information provided under paragraphs (1) 
and (2) of section 203(a) every 6 months. 
(b) CORRECTIVE ACTIONS.— 
(1) PRIME CONTRACT.—The contracting officer, 
in consultation with the Labor Compliance Advisor 
designated pursuant to section 205, shall determine 
whether any information provided under subsection 
(a) warrants corrective action. Such action may in-
clude— 
(A) an agreement requiring appropriate re-
medial measures; 
(B) compliance assistance; 
(C) resolving issues to avoid further viola-
tions; 
(D) the decision not to exercise an option 
on a contract or to terminate the contract; or 
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(E) referral to the agency suspending and 
debarring official. 
(2) SUBCONTRACTS.—The prime contractor for 
a covered contract, in consultation with the Labor 
Compliance Advisor, shall determine whether any in-
formation provided under section 203(a)(2) warrants 
corrective action, including remedial measures, com-
pliance assistance, and resolving issues to avoid fur-
ther violations. 
(3) DEPARTMENT OF LABOR.—The Department 
of Labor shall, as appropriate, inform executive 
agencies of its investigations of contractors and sub-
contractors on current Federal contracts for pur-
poses of determining the appropriateness of actions 
described under paragraphs (1) and (2). 
SEC. 205. LABOR COMPLIANCE ADVISORS. 
(a) IN GENERAL.—Each executive agency shall des-
ignate a senior official to act as the agency’s Labor Com-
pliance Advisor. 
(b) DUTIES.—The Labor Compliance Advisor shall— 
(1) meet quarterly with the Deputy Secretary, 
Deputy Administrator, or equivalent executive agen-
cy official with regard to matters covered under this 
title; 
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(2) work with the acquisition workforce, agency 
officials, and agency contractors to promote greater 
awareness and understanding of labor law require-
ments, including record keeping, reporting, and no-
tice requirements, as well as best practices for ob-
taining compliance with these requirements; 
(3) coordinate assistance for executive agency 
contractors seeking help in addressing and pre-
venting labor violations; 
(4) in consultation with the Department of 
Labor or other relevant enforcement agencies, and 
pursuant to section 203(b) as necessary, provide as-
sistance to contracting officers regarding appro-
priate actions to be taken in response to violations 
identified prior to or after contracts are awarded, 
and address complaints in a timely manner, by— 
(A) providing assistance to contracting of-
ficers and other executive agency officials in re-
viewing the information provided pursuant to 
subsections (a) and (b) of section 203 and sec-
tion 204(a), or other information indicating a 
violation of a labor law in order to assess the 
serious, repeated, willful, or pervasive nature of 
any violation and evaluate steps contractors 
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(5) as appropriate, send information to agency 
suspension and debarment officials in accordance 
with agency procedures; 
(6) consult with the agency’s Chief Acquisition 
Officer and Senior Procurement Executive, and the 
Department of Labor as necessary, in the develop-
ment of regulations, policies, and guidance address-
ing labor law compliance by contractors and sub-
contractors; 
(7) make recommendations to the agency to 
strengthen agency management of contractor compli-
ance with labor laws; 
(8) publicly report, on an annual basis, a sum-
mary of agency actions taken to promote greater 
labor compliance, including the agency’s response 
pursuant to this order to serious, repeated, willful, 
or pervasive violations of the requirements of the 
labor laws listed in section 203(a)(1); and 
(9) participate in the interagency meetings reg-
ularly convened by the Secretary of Labor pursuant 
to section 206(b)(2)(C). 
SEC. 206. MEASURES TO ENSURE GOVERNMENT-WIDE CON-
SISTENCY. 
(a) FEDERAL ACQUISITION REGULATION.— 
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(1) IN GENERAL.—Notwithstanding Public Law 
115–11 (131 Stat. 75) and section 553 of title 5, 
United States Code, not later than 1 year after the 
date of enactment of this Act, the Secretary of De-
fense, the Administrator of the General Services Ad-
ministration, and the Administrator of the National 
Aeronautics and Space Administration shall reissue 
the final rule entitled ‘‘Federal Acquisition Regula-
tion; Fair Pay and Safe Workplaces’’ (81 Fed. Reg. 
58,562 (Aug. 25, 2016)), subject to paragraph (2). 
(2) UPDATED DATES.—The agencies described 
in paragraph (1) may, in reissuing the final rule 
under such paragraph, update any date provided in 
such final rule as reasonable. 
(b) DEPARTMENT OF LABOR.— 
(1) GUIDANCE.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Labor shall reissue the guidance entitled ‘‘Guidance 
for Executive Order 13673, ‘Fair Pay and Safe 
Workplaces’ ’’ (81 Fed. Reg. 58,564 (Aug. 25, 
2016)). In reissuing such guidance, the Secretary of 
Labor may update any date provided in such guid-
ance as reasonable and necessary. 
(2) ADDITIONAL ACTIVITIES.—The Secretary of 
Labor shall— 
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(A) develop a process— 
(i) for the Labor Compliance Advisors 
designated pursuant to section 205 to con-
sult with the Secretary of Labor in car-
rying out their responsibilities under sec-
tion 205(b)(4); 
(ii) by which contracting officers and 
Labor Compliance Advisors may give ap-
propriate consideration to determinations 
and agreements made by the Secretary of 
Labor and the heads of other executive 
agencies; and 
(iii) by which contractors may enter 
into agreements with the Secretary of 
Labor, or the head of another executive 
agency, prior to being considered for a con-
tract; 
(B) review data collection requirements 
and processes, and work with the Director of 
the Office of Management and Budget, the Ad-
ministrator for General Services, and other 
agency heads to improve such requirements and 
processes, as necessary, to reduce the burden on 
contractors and increase the amount of infor-
mation available to executive agencies; 
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(C) regularly convene interagency meetings 
of Labor Compliance Advisors to share and pro-
mote best practices for improving labor law 
compliance; and 
(D) designate an appropriate contact for 
executive agencies seeking to consult with the 
Secretary of Labor with respect to the require-
ments and activities under this title. 
(c) OFFICE OF MANAGEMENT AND BUDGET.—The 
Director of the Office of Management and Budget shall— 
(1) work with the Administrator of General 
Services to include in the Federal Awardee Perform-
ance and Integrity Information System the informa-
tion provided by contractors pursuant to sections 
203(a)(1) and 204(a) and data on the resolution of 
any issues related to such information; and 
(2) designate an appropriate contact for agen-
cies seeking to consult with the Office of Manage-
ment and Budget on matters arising under this title. 
(d) GENERAL SERVICES ADMINISTRATION.— 
(1) IN GENERAL.—The Administrator of Gen-
eral Services, in consultation with other relevant ex-
ecutive agencies, shall establish a single Internet 
website for Federal contractors to use for all Federal 
contract reporting requirements under this title, as 
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well as any other Federal contract reporting require-
ments to the extent practicable. 
(2) AGENCY COOPERATION.—The heads of ex-
ecutive agencies with covered contracts shall provide 
the Administrator of General Services with the data 
necessary to maintain the Internet website estab-
lished under paragraph (1). 
(e) MINIMIZING COMPLIANCE BURDEN.—After re-
issuing the guidance under subsection (b)(1) or the final 
rule under subsection (a), the Secretary of Labor or the 
Secretary of Defense, the Administrator of the General 
Services Administration, and the Administrator of the Na-
tional Aeronautics and Space Administration may, respec-
tively, amend such guidance or final rule consistent with 
the requirements under chapter 5 of title 5, United States 
Code. 
SEC. 207. PAYCHECK TRANSPARENCY. 
(a) IN GENERAL.—Each executive agency entering 
into a covered contract, or covered subcontract, shall en-
sure that provisions in solicitations for such contracts, or 
subcontracts, and clauses in such contracts, or sub-
contracts, shall provide that, for each pay period, contrac-
tors or subcontractors provide each individual described 
in subsection (b) with a document containing information 
with respect to such individual for the pay period con-
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