(4) provide for stronger remedies for employees 
who face retaliation, discrimination, or other inter-
ference with the legal right of the employees to en-
gage in collective action; 
(5) provide for penalties against employers who 
violate the rights of employees to engage in collective 
action, in order to act as a meaningful deterrent 
against violating the law; and 
(6) streamline the enforcement procedures of 
the National Labor Relations Board to provide for 
more timely and effective enforcement of the law. 
SEC. 4. STRENGTHENING REMEDIES AND ENFORCEMENT 
FOR EMPLOYEES EXERCISING THEIR RIGHTS 
AT WORK. 
(a) 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 discrimi-
nated against an employee in violation of paragraph (3) 
or (4) of section 8(a) or has committed a violation of sec-
tion 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 and an additional 
amount as liquidated damages equal to 2 times the 
amount of such back pay, without any reduction (includ-
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ing any reduction based on the employee’s interim earn-
ings or failure to earn interim earnings): Provided fur-
ther,’’. 
(b) CIVIL 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 
BOARD.—Any person’’; and 
(2) by adding at the end the following: 
‘‘(b) CIVIL PENALTIES FOR VIOLATIONS OF POSTING 
REQUIREMENTS.—If the Board, or any agent or agency 
designated by the Board for such purposes, determines 
that an employer has violated section 8(h), 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 post 
the notice described in such section and provide the 
information to new employees described in such sec-
tion; and 
‘‘(3) impose a civil penalty in an amount deter-
mined appropriate by the Board, except that in no 
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case shall the amount of the fine exceed $500 for 
each such violation. 
‘‘(c) VIOLATIONS
CAUSING
SERIOUS
ECONOMIC 
HARM TO EMPLOYEES.— 
‘‘(1) IN GENERAL.—Any employer who commits 
an unfair labor practice within the meaning of para-
graph (3) or (4) of section 8(a) or a violation of sec-
tion 8(a) that results in the discharge of an em-
ployee or other serious economic harm to an em-
ployee shall, in addition to any remedy ordered by 
the Board, be subject to a civil penalty. Such penalty 
shall be in an amount not to exceed $50,000 for 
each violation, except that the Board shall double 
the amount of such penalty, to an amount not to ex-
ceed $100,000, in any case where the employer has 
within 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 
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seeking to exercise rights guaranteed by this 
Act, and on the public interest; and 
‘‘(C) the size 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 
established a policy that led to such violations, or 
had knowledge of and the authority to prevent the 
violation and failed to do so. 
‘‘(d) JOINT AND SEVERAL LIABILITY.—An employer 
shall be jointly and severally liable under this Act for any 
violations of this Act involving one or more employees sup-
plied by another employer to perform labor within the em-
ployer’s usual course of business.’’. 
(c) INJUNCTIONS AGAINST UNFAIR LABOR PRAC-
TICES INVOLVING DISCHARGE OR OTHER SERIOUS ECO-
NOMIC LOSS.—Section 10(j) of the National Labor Rela-
tions Act (29 U.S.C. 160(j)) is amended— 
(1) by striking ‘‘(j) The Board’’ and inserting 
the following: 
‘‘(j)(1) The Board’’; and 
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(2) by adding at the end the following: 
‘‘(2) Notwithstanding subsection (m) of section 10, 
whenever it is charged that an employer has engaged in 
an unfair labor practice within the meaning of paragraph 
(1) or (3) of section 8(a) that significantly interferes with, 
restrains, or coerces employees in the exercise of the rights 
guaranteed under section 7, or involves discharge or other 
serious economic harm to an employee, the preliminary in-
vestigation of such charge shall be made forthwith and 
given priority over all 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, he 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.’’. 
(d) PRIVATE ENFORCEMENT.— 
(1) RIGHT TO CIVIL ACTION.—Section 12 of the 
National Labor Relations Act (29 U.S.C. 162), as 
amended by subsection (b), is further amended by 
adding at the end the following: 
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‘‘(e) RIGHT TO CIVIL ACTION.— 
‘‘(1) IN GENERAL.—Any person who is injured 
by reason of any violation of paragraph (1) or (3) 
of section 8(a) may, in addition to or in lieu of filing 
a charge alleging such unfair labor practice with the 
Board in accordance with this Act, bring a civil ac-
tion in the appropriate district court of the United 
States against the employer within 180 days of the 
violation. 
‘‘(2) AVAILABLE RELIEF.—Relief granted in an 
action under paragraph (1) may include any relief 
authorized by section 706(g) of the Civil Rights Act 
of 1965 (42 U.S.C. 2000e–5(g) or by section 
1977A(b) of the Revised Statutes (42 U.S.C. 
1981a(b))). 
‘‘(3) ATTORNEY’S FEE.—In any action or pro-
ceeding under this subsection, the court may allow 
the prevailing party a reasonable attorney’s fee (in-
cluding expert fees) as part of the costs.’’. 
(2) CONFORMING AMENDMENT.—Section 10(b) 
of the National Labor Relations Act is amended by 
striking ‘‘six months’’ and inserting ‘‘180 days’’. 
(e) ENSURING FAIR REMEDIES
FOR ALL WORK-
ERS.—Section 10(c) of the National Labor Relations Act 
(29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 
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him:’’ and inserting ‘‘suffered by such employee: Provided 
further, That back pay shall not be denied on the basis 
that the employee is, or was during the time of relevant 
employment or during the back pay period, an unauthor-
ized alien as defined in section 274A(h)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1324a(h)(3)) or any 
other provision of Federal law relating to the unlawful em-
ployment of aliens:’’. 
(f) REMEDYING ELECTION INTERFERENCE.—Section 
9(c) of the National Labor Relations Act (29 U.S.C. 
159(c)) is amended— 
(1) by redesignating paragraphs (4) and (5) as 
paragraphs (6) and (7), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) BARGAINING ORDER BASED ON MAJORITY 
OF VOTES.—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 issue an 
order requiring the employer to collectively bargain 
with the labor organization in accordance with sec-
tion 8(d). This order shall be deemed an order under 
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section 10(c) of the Act, without need for a deter-
mination of an unfair labor practice. 
‘‘(5) 
DISMISSAL; 
BARGAINING
ORDERS
IN 
OTHER SITUATIONS.— 
‘‘(A) DISMISSAL.—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 or-
ganization, the Board shall dismiss the petition, 
subject to subparagraphs (B) and (C). 
‘‘(B) SPECIAL RULES FOR EMPLOYER VIO-
LATIONS
OR
INTERFERENCE.—In any case 
where a majority of the valid votes cast in a 
unit appropriate for purposes of collective bar-
gaining have not been cast in favor or represen-
tation by the labor organization and the Board 
determines that the election should be set aside 
because the employer has committed a violation 
of this Act or otherwise interfered with a fair 
election, and the employer has not dem-
onstrated that the violation or other inter-
ference is unlikely to have affected the outcome 
of the election, the Board shall, without order-
ing a new or rerun election, issue an order re-
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quiring the employer to bargain with the labor 
organization in accordance 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 interference under subparagraph (A), a 
majority of the employees in the bargaining 
unit have signed authorizations designating the 
labor organization as their collective bargaining 
representative. 
‘‘(C) OTHER ELECTION INTERFERENCE.— 
In any case where the Board determines that 
an election under this paragraph should be set 
aside, the Board shall direct a rerun election 
with appropriate additional safeguards nec-
essary to ensure a fair election process, except 
in cases where the Board issues a bargaining 
order under subparagraph (B).’’. 
SEC. 5. MODERNIZATION. 
(a) PREVENTION OF UNFAIR LABOR PRACTICES.— 
Section 8 of the National Labor Relations Act (29 U.S.C. 
158) is amended by adding at the end the following: 
‘‘(h) POSTINGS OF NOTICE.— 
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‘‘(1) IN GENERAL.—The Board shall promul-
gate regulations requiring each employer to post and 
maintain, in conspicuous places where notices to em-
ployees and applicants for employment are custom-
arily posted both physically and electronically, a no-
tice setting forth the rights and protections afforded 
employees under this Act. The Board shall provide 
to employers the form and text of such notice. 
‘‘(2) NOTIFICATION OF NEW EMPLOYEES.—The 
Board shall promulgate regulations requiring em-
ployers to notify each new employee of the informa-
tion contained in the notice described in paragraph 
(1).’’. 
(b) ENFORCING COMPLIANCE WITH ORDERS OF THE 
BOARD.— 
(1) IN GENERAL.—Section 10 of the National 
Labor Relations Act (29 U.S.C. 160) is amended— 
(A) by striking subsection (e); 
(B) by redesignating subsection (d) as sub-
section (e); 
(C) by inserting after subsection (c) the 
following: 
‘‘(d) ENFORCING COMPLIANCE WITH ORDERS OF 
THE BOARD.— 
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