‘‘(15) The term ‘group health plan’ has the 
meaning given the term under section 607(1) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1167(1)).’’. 
SEC. 3. 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: 
‘‘PENALTIES 
‘‘SEC. 12. (a) VIOLATIONS
FOR INTERFERENCE 
WITH THE BOARD.—Any person’’; and 
(2) by adding at the end the following: 
‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC-
TICES RELATED TO COVERAGE UNDER A GROUP HEALTH 
PLAN DURING A LOCK-OUT.—Any employer who commits 
an unfair labor practice within the meaning of section 
8(a)(6) shall be subject to a civil penalty in an amount 
not to exceed $75,000 for each violation, except that, with 
respect to such an unfair labor practice that coincides with 
the discharge of an employee or that results in other seri-
ous economic harm to an employee, the Board shall double 
the amount of such penalty, to an amount not to exceed 
$150,000, in any case where the employer has within the 
preceding 5 years committed another violation of section 
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8(a)(6). A civil penalty under this subsection shall be in 
addition to any other remedy ordered by the Board. 
‘‘(c) CIVIL PENALTIES FOR UNFAIR LABOR PRAC-
TICES RELATED TO COVERAGE UNDER A GROUP HEALTH 
PLAN DURING A LAWFUL STRIKE.—Any employer who 
commits an unfair labor practice within the meaning of 
section 8(a)(7) shall be subject to a civil penalty in an 
amount not to exceed $50,000 for each violation, except 
that, with respect to such an unfair labor practice that 
coincides with the discharge of an employee or that results 
in 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 within the preceding 5 years committed another viola-
tion of section 8(a)(7). A civil penalty under this sub-
section shall be in addition to any other remedy ordered 
by the Board. 
‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the 
Board determines, based on the particular facts and cir-
cumstances presented, that a director or officer’s personal 
liability is warranted, a civil penalty for a violation de-
scribed in subsection (b) or (c) may also be assessed 
against any director or officer of the employer who di-
rected or committed the violation, or had actual or con-
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structive knowledge of and the authority to prevent the 
violation and failed to prevent the violation. 
‘‘(e) CONSIDERATIONS.—In determining the amount 
of any civil penalty under subsection (b), (c), or (d), the 
Board shall consider— 
‘‘(1) the gravity of the actions of the employer 
resulting in the penalty, including the impact of such 
actions on the charging party or on other persons 
seeking to exercise rights guaranteed by this Act; 
‘‘(2) the size of the employer; 
‘‘(3) the history of previous unfair labor prac-
tices or other actions by the employer resulting in a 
penalty; and 
‘‘(4) the public interest.’’. 
Æ 
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