117TH CONGRESS 
1ST SESSION 
H. R. 842 
AN ACT 
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, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Protecting the Right to Organize Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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. 
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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 
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— 
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‘‘(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.’’. 
(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 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, 2023, section 3003 of the 
Federal Reports Elimination and Sunset Act of 1995 
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(Public Law 166–44; 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 166–44; 31 U.S.C. 1113 note); 
‘‘(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: 
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‘‘(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 
return to work for the employer because the 
employee supported or participated in such a 
strike; or 
‘‘(C) to lockout, suspend, or otherwise 
withold employment from employees in order to 
influence the position of such employees or the 
representative of such employees in collective 
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; 
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(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 
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-
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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’’; 
(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-
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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 
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-
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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 
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; 
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‘‘(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.’’; 
(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; 
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‘‘(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-
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 
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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 
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, and work 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 Protecting the Right to Organize Act of 2021, the 
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Board shall promulgate regulations implementing the re-
quirements 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-
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-
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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-
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 certified mail, 
electronically, at the work location, or at a location other 
than one owned or controlled by the employer. No em-
ployer shall have standing as a party or to intervene in 
any representation proceeding under this section.’’; 
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(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 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). 
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‘‘(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-
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-
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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-
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 
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‘‘(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 
(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 
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‘‘(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 
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 
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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), consequential damages, and an addi-
tional amount as liquidated damages equal to two times 
the amount of damages awarded: Provided further, no re-
lief under this subsection shall be denied on the basis that 
the employee is, or was during the time of relevant em-
ployment 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 
provision of Federal law relating to the unlawful employ-
ment of aliens’’. 
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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 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 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 
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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 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 an injunction or other proper proc-
ess, 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 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: 
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‘‘(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 
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 
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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)’’. 
(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: 
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‘‘(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 
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: 
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‘‘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; 
‘‘(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 
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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. 
‘‘(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 
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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-
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. 
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