I 
117TH CONGRESS 
2D SESSION 
H. R. 8345 
To prohibit an employer from terminating the coverage of an employee under 
a group health plan while the employer is engaged in a lock-out, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2022 
Mrs. AXNE (for herself, Ms. NORTON, Ms. JACKSON LEE, Ms. TITUS, Ms. 
WILLIAMS of Georgia, Mr. POCAN, and Ms. NEWMAN) introduced the fol-
lowing bill; which was referred to the Committee on Education and Labor 
A BILL 
To prohibit an employer from terminating the coverage of 
an employee under a group health plan while the em-
ployer is engaged in a lock-out, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Locked Out Workers 
Healthcare Protection Act’’. 
SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP 
HEALTH PLAN DURING A LOCK-OUT. 
(a) IN GENERAL.—Section 8(a) of the National 
Labor Relations Act (29 U.S.C. 158(a)) is amended— 
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(1) in paragraph (5), by striking the period and 
inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(6) to terminate or alter the coverage of an 
employee under a group health plan during the pe-
riod that such employer is taking action to lock-out, 
suspend, or otherwise withhold employment from the 
employee in order to influence the position of such 
employee or the representative of such employee in 
collective bargaining prior to a strike.’’. 
(b) DEFINITIONS.—Section 2 of the National Labor 
Relations Act (29 U.S.C. 152) is amended by adding at 
the end the following: 
‘‘(15) The term ‘group health plan’ has the meaning 
given the term under section 607(1) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1167(1)).’’. 
(c) 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 THE 
BOARD.—Any person’’; and 
(2) by adding at the end the following: 
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‘‘(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 
8(a)(6). A civil penalty under this subsection shall be in 
addition to any other remedy ordered by the Board. 
‘‘(c) CONSIDERATIONS.—In determining the amount 
of any civil penalty under subsection (b) 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 
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