I 
113TH CONGRESS 
1ST SESSION H. R. 3637 
To amend the Labor-Management Reporting and Disclosure Act of 1959 
to provide whistleblower protection for union employees. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 3, 2013 
Mr. SALMON (for himself, Mr. DESJARLAIS, Mr. BISHOP of Utah, Mr. 
HUELSKAMP, Mr. JORDAN, Mr. BENTIVOLIO, Mr. BROOKS of Alabama, 
Mr. FLEMING, Mr. CRAMER, Mr. SCHWEIKERT, Mr. KING of Iowa, Mr. 
PERRY, Mrs. BACHMANN, Mr. GOHMERT, Mr. LAMALFA, Mr. PRICE of 
Georgia, and Mr. GOSAR) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce 
A BILL 
To amend the Labor-Management Reporting and Disclosure 
Act of 1959 to provide whistleblower protection for union 
employees. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. WHISTLEBLOWER PROTECTION FOR UNION 
EMPLOYEES. 
The Labor-Management Reporting and Disclosure 
Act of 1959 (29 U.S.C. 401 et seq.) is amended— 
(1) by redesignating section 611 (29 U.S.C. 
531) as section 612; and 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
(2) by inserting after section 610 (29 U.S.C. 
530), the following new section: 
‘‘WHISTLEBLOWER PROTECTION FOR UNION EMPLOYEES 
‘‘SEC. 611. (a) IN GENERAL.—No labor organization 
shall terminate or in any other way discriminate against, 
or cause to be terminated or discriminated against, any 
covered employee of the labor organization by reason of 
the fact that such employee, whether at the initiative of 
the employee or in the ordinary course of the duties of 
the employee (or any person acting pursuant to a request 
of the employee), has— 
‘‘(1) provided, caused to be provided, or is 
about to provide or cause to be provided, informa-
tion to the labor organization, the Department of 
Labor, or any other State, local, or Federal govern-
ment authority or law enforcement agency relating 
to any violation of, or any act or omission that the 
employee reasonably believes to be a violation of, any 
provision of this Act or any other provision of law 
that is subject to the jurisdiction of the Department 
of Labor, the National Labor Relations Board, or 
any rule, order, standard, or prohibition prescribed 
by the Department of Labor or the National Labor 
Relations Board; 
‘‘(2) testified or will testify in any proceeding 
resulting from the administration or enforcement of 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
any provision of this Act or any other provision of 
law that is subject to the jurisdiction of the Depart-
ment of Labor or National Labor Relations Board, 
or any rule, order, standard, or prohibition pre-
scribed by the Department of Labor or the National 
Labor Relations Board; 
‘‘(3) filed, instituted, or caused to be filed or in-
stituted any proceeding under this Act; or 
‘‘(4) objected to, or refused to participate in, 
any activity, policy, practice, or assigned task that 
the employee (or other such person) reasonably be-
lieved to be in violation of any law, rule, order, 
standard, or prohibition, subject to the jurisdiction 
of, or enforceable by, the Department of Labor or 
the National Labor Relations Board. 
‘‘(b) DEFINITION OF COVERED EMPLOYEE.—For the 
purposes of this section, the term ‘covered employee’ 
means any employee of a labor organization who receives 
financial compensation for his or her services to the labor 
organization, including officers of the labor organization. 
‘‘(c) PROCEDURES AND TIMETABLES.— 
‘‘(1) COMPLAINT.— 
‘‘(A) IN GENERAL.—A person who believes 
that he or she has been discharged or otherwise 
discriminated against by any person in violation 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
of subsection (a) may file (or have any person 
file on his or her behalf) a complaint with the 
Secretary of Labor alleging such discharge or 
discrimination and identifying the person re-
sponsible for such act. Such a complaint must 
be filed not later than either— 
‘‘(i) 180 days after the date on which 
such alleged violation occurs; or 
‘‘(ii) 180 days after the conclusion of 
any internal appeals, review, or other judi-
cial or investigative process conducted by 
the labor organization employing such per-
son. 
‘‘(B) 
ACTIONS
OF
SECRETARY
OF 
LABOR.—Upon receipt of such a complaint, the 
Secretary of Labor shall notify, in writing, the 
person named in the complaint who is alleged 
to have committed the violation, of— 
‘‘(i) the filing of the complaint; 
‘‘(ii) the allegations contained in the 
complaint; 
‘‘(iii) the substance of evidence sup-
porting the complaint; and 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
‘‘(iv) opportunities that will be af-
forded to such person under paragraph 
(2). 
‘‘(2) 
INVESTIGATION
BY
SECRETARY
OF 
LABOR.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date of receipt of a complaint 
filed under paragraph (1), and after affording 
the complainant and the person named in the 
complaint who is alleged to have committed the 
violation that is the basis for the complaint an 
opportunity to submit to the Secretary of Labor 
a written response to the complaint and an op-
portunity to meet with a representative of the 
Secretary of Labor to present statements from 
witnesses, the Secretary of Labor shall— 
‘‘(i) initiate an investigation and de-
termine whether there is reasonable cause 
to believe that the complaint has merit; 
and 
‘‘(ii) notify the complainant and the 
person alleged to have committed the viola-
tion of subsection (a), in writing, of such 
determination. 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
‘‘(B) NOTICE OF RELIEF AVAILABLE.—If 
the Secretary of Labor concludes that there is 
reasonable cause to believe that a violation of 
subsection (a) has occurred, the Secretary of 
Labor shall, together with the notice under sub-
paragraph (A)(ii), issue a preliminary order 
providing the relief prescribed by paragraph 
(4)(B). 
‘‘(C) REQUEST FOR HEARING.—Not later 
than 30 days after the date of receipt of notifi-
cation of a determination of the Secretary of 
Labor under this paragraph, either the person 
alleged to have committed the violation or the 
complainant may file objections to the findings 
or preliminary order, or both, and request a 
hearing on the record. The filing of such objec-
tions shall not operate to stay any reinstate-
ment remedy contained in the preliminary 
order. Any such hearing shall be conducted ex-
peditiously, and if a hearing is not requested in 
such 30-day period, the preliminary order shall 
be deemed a final order that is not subject to 
judicial review. 
‘‘(3) GROUNDS FOR DETERMINATION OF COM-
PLAINTS.— 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
‘‘(A) IN
GENERAL.—The Secretary of 
Labor shall dismiss a complaint filed under this 
subsection, and shall not conduct an investiga-
tion otherwise required under paragraph (2), 
unless the complainant makes a prima facie 
showing that any behavior described in para-
graphs (1) through (4) of subsection (a) was a 
contributing factor in the unfavorable personnel 
action alleged in the complaint. 
‘‘(B) 
REBUTTAL
EVIDENCE.—Notwith-
standing a finding by the Secretary of Labor 
that the complainant has made the showing re-
quired under subparagraph (A), no investiga-
tion otherwise required under paragraph (2) 
shall be conducted, if the labor organization 
demonstrates, by clear and convincing evidence, 
that the labor organization would have taken 
the same unfavorable personnel action in the 
absence of that behavior. 
‘‘(C) 
EVIDENTIARY
STANDARDS.—The 
Secretary of Labor may determine that a viola-
tion of subsection (a) has occurred only if the 
complainant demonstrates that any behavior de-
scribed in paragraphs (1) through (4) of sub-
section (a) was a contributing factor in the un-
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
favorable personnel action alleged in the com-
plaint. Relief may not be ordered under sub-
paragraph (A) if the labor organization dem-
onstrates by clear and convincing evidence that 
the labor organization would have taken the 
same unfavorable personnel action in the ab-
sence of that behavior. 
‘‘(4) ISSUANCE
OF
FINAL
ORDERS; REVIEW 
PROCEDURES.— 
‘‘(A) TIMING.—Not later than 120 days 
after the date of conclusion of any hearing 
under paragraph (2), the Secretary of Labor 
shall issue a final order providing the relief pre-
scribed by this paragraph or denying the com-
plaint. At any time before issuance of a final 
order, a proceeding under this subsection may 
be terminated on the basis of a settlement 
agreement entered into by the Secretary of 
Labor, the complainant, and the person alleged 
to have committed the violation. 
‘‘(B) PENALTIES.— 
‘‘(i) 
ORDER
OF
SECRETARY
OF 
LABOR.—If, in response to a complaint 
filed under paragraph (1), the Secretary of 
Labor determines that a violation of sub-
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
section (a) has occurred, the Secretary of 
Labor shall order the person who com-
mitted such violation— 
‘‘(I) to take affirmative action to 
abate the violation; 
‘‘(II) to reinstate the complain-
ant to his or her former position, to-
gether with compensation (including 
back pay) and restore the terms, con-
ditions, and privileges associated with 
his or her employment; and 
‘‘(III) to provide compensatory 
damages to the complainant. 
‘‘(ii) PENALTY.—If an order is issued 
under clause (i), the Secretary of Labor, at 
the request of the complainant, shall assess 
against the person against whom the order 
is issued, a sum equal to the aggregate 
amount of all costs and expenses (includ-
ing attorney fees and expert witness fees) 
reasonably incurred, as determined by the 
Secretary of Labor, by the complainant 
for, or in connection with, the bringing of 
the complaint upon which the order was 
issued. 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
‘‘(C) PENALTY FOR FRIVOLOUS CLAIMS.— 
If the Secretary of Labor finds that a complaint 
under paragraph (1) is frivolous or has been 
brought in bad faith, the Secretary of Labor 
may award to the prevailing labor organization 
a reasonable attorney fee, not exceeding $1,000, 
to be paid by the complainant. 
‘‘(D) DE NOVO REVIEW.— 
‘‘(i) FAILURE OF THE SECRETARY TO 
ACT.—If the Secretary of Labor has not 
issued a final order within 210 days after 
the date of filing of a complaint under this 
subsection, or within 90 days after the 
date of receipt of a written determination, 
the complainant may bring an action at 
law or equity for de novo review in the ap-
propriate district court of the United 
States having jurisdiction, which shall have 
jurisdiction over such an action without re-
gard to the amount in controversy, and 
which action shall, at the request of either 
party to such action, be tried by the court 
with a jury. 
‘‘(ii) 
PROCEDURES.—A 
proceeding 
under clause (i) shall be governed by the 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
same legal burdens of proof specified in 
paragraph (3). The court shall have juris-
diction to grant all relief necessary to 
make the employee whole, including injunc-
tive relief and compensatory damages, in-
cluding— 
‘‘(I) reinstatement with the same 
seniority status that the employee 
would have had, but for the discharge 
or discrimination; 
‘‘(II) the amount of back pay, 
with interest; and 
‘‘(III) compensation for any spe-
cial damages sustained as a result of 
the discharge or discrimination, in-
cluding litigation costs, expert witness 
fees, and reasonable attorney fees. 
‘‘(E) OTHER APPEALS.—Unless the com-
plainant brings an action under subparagraph 
(D), any person adversely affected or aggrieved 
by a final order issued under subparagraph (A) 
may file a petition for review of the order in the 
United States Court of Appeals for the circuit 
in which the violation with respect to which the 
order was issued, allegedly occurred or the cir-
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
cuit in which the complainant resided on the 
date of such violation, not later than 60 days 
after the date of the issuance of the final order 
of the Secretary of Labor under subparagraph 
(A). Review shall conform to chapter 7 of title 
5, United States Code. The commencement of 
proceedings under this subparagraph shall not, 
unless ordered by the court, operate as a stay 
of the order. An order of the Secretary of 
Labor with respect to which review could have 
been obtained under this subparagraph shall 
not be subject to judicial review in any criminal 
or other civil proceeding. 
‘‘(5) FAILURE TO COMPLY WITH ORDER.— 
‘‘(A) ACTIONS
BY
THE
SECRETARY.—If 
any person has failed to comply with a final 
order issued under paragraph (4), the Secretary 
of Labor may file a civil action in the United 
States district court for the district in which 
the violation was found to have occurred, or in 
the United States district court for the District 
of Columbia, to enforce such order. In actions 
brought under this paragraph, the district 
courts shall have jurisdiction to grant all appro-
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
priate relief including injunctive relief and com-
pensatory damages. 
‘‘(B) CIVIL ACTIONS TO COMPEL COMPLI-
ANCE.—A person on whose behalf an order was 
issued under paragraph (4) may commence a 
civil action against the person to whom such 
order was issued to require compliance with 
such order. The appropriate United States dis-
trict court shall have jurisdiction, without re-
gard to the amount in controversy or the citi-
zenship of the parties, to enforce such order. 
‘‘(C) AWARD
OF
COSTS
AUTHORIZED.— 
The court, in issuing any final order under this 
paragraph, may award costs of litigation (in-
cluding reasonable attorney and expert witness 
fees) to any party, whenever the court deter-
mines such award is appropriate. 
‘‘(D) 
MANDAMUS
PROCEEDINGS.—Any 
nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding 
brought under section 1361 of title 28, United 
States Code. 
‘‘(d) LIMITATION OF PREEMPTION.—Nothing in this 
Act shall be construed— 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS
‘‘(1) to limit the ability of members of a labor 
organization to remove their elected or appointed of-
ficials through a democratic election conducted 
among such members; or 
‘‘(2) to preempt a State or local government 
from providing additional protections to employees 
of labor organizations who allege violations of sub-
section (a), provided that such protections do not 
limit the ability of members of a labor organization 
to remove their elected or appointed officials through 
a democratic ballot. 
‘‘(e) UNENFORCEABILITY
OF
CERTAIN
AGREE-
MENTS.— 
‘‘(1) NO WAIVER OF RIGHTS AND REMEDIES.— 
Notwithstanding any other provision of law, the 
rights and remedies provided for in this section may 
not be waived by any agreement, policy, form, or 
condition 
of 
employment, 
including 
by 
any 
predispute arbitration agreement. 
‘‘(2) NO
PREDISPUTE
ARBITRATION
AGREE-
MENTS.—Notwithstanding any other provision of 
law, no predispute arbitration agreement shall be 
valid or enforceable to the extent that it requires ar-
bitration of a dispute arising under this section.’’. 
Æ 
VerDate Mar 15 2010 
02:49 Dec 04, 2013
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H3637.IH
H3637
PWALKER on DSK7TPTVN1PROD with BILLS