(A) in the second sentence, by striking ‘‘If, 
after such’’ and inserting the following: 
‘‘(2) If, after such’’; and 
(B) by striking the first sentence and in-
serting the following: 
‘‘(1) Whenever it is charged—
‘‘(A) that any employer—
‘‘(i) discharged or otherwise discriminated 
against an employee in violation of subsection 
(a)(3) of section 8; 
‘‘(ii) threatened to discharge or to other-
wise discriminate against an employee in viola-
tion of subsection (a)(1) of section 8; or 
‘‘(iii) engaged in any other unfair labor 
practice within the meaning of subsection (a)(1) 
that significantly interferes with, restrains, or 
coerces employees in the exercise of the rights 
guaranteed in section 7; 
while employees of that employer were seeking rep-
resentation by a labor organization or during the pe-
riod after a labor organization was recognized as a 
representative defined in section 9(a) until the first 
collective bargaining contract is entered into between 
the employer and the representative; or
‘‘(B) that any person has engaged in an unfair 
labor practice within the meaning of subparagraph 
(A), (B) or (C) of section 8(b)(4), section 8(e), or 
section 8(b)(7); 
the preliminary investigation 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.’’. 
(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 section 10(l)’’ after ‘‘sec-
tion 8’’. 
(b) REMEDIES FOR VIOLATIONS.—
(1) BACKPAY.—Section 10(c) of the National 
Labor Relations Act (29 U.S.C. 160(c)) is amended 
by striking ‘‘And provided further,’’ and inserting 
‘‘Provided further, That if the Board finds that an 
employer has discriminated against an employee in 
violation of subsection (a)(3) of section 8 while em-
ployees of the employer were seeking representation 
by a labor organization, or during the period after 
a labor organization was recognized as a representa-
tive defined in subsection (a) of section 9 until the 
first collective bargaining contract was entered into
between the employer and the representative, the 
Board in such order shall award the employee back 
pay and, in addition, 2 times that amount as liq-
uidated damages: Provided further,’’. 
(2) CIVIL PENALTIES.—Section 12 of the Na-
tional Labor Relations Act (29 U.S.C. 162) is 
amended—
(A) by striking ‘‘Any’’ and inserting ‘‘(a) 
Any’’; and 
(B) by adding at the end the following: 
‘‘(b) Any employer who willfully or repeatedly com-
mits any unfair labor practice within the meaning of sub-
sections (a)(1) or (a)(3) of section 8 while employees of 
the employer are seeking representation by a labor organi-
zation or during the period after a labor organization has 
been recognized as a representative defined in subsection 
(a) of section 9 until the first collective bargaining con-
tract is entered into between the employer and the rep-
resentative shall, in addition to any make-whole remedy 
ordered, be subject to a civil penalty of not to exceed 
$20,000 for each violation. In determining the amount of 
any penalty under this section, the Board shall consider 
the gravity of the unfair labor practice and the impact 
of the unfair labor practice on the charging party, on other
persons seeking to exercise rights guaranteed by this Act, 
or on the public interest.’’. 
Passed the House of Representatives March 1, 
2007. 
Attest:
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 800
AN ACT 
To amend the National Labor Relations Act to es-
tablish an efficient system to enable employees to 
form, join, or assist labor organizations, to pro-
vide for mandatory injunctions for unfair labor 
practices during organizing efforts, and for other 
purposes.