(A) by striking ‘‘SEC. 12. Any person’’ and 
inserting the following: 
‘‘SEC. 12. PENALTIES. 
‘‘(a) 
VIOLATIONS
FOR
INTERFERENCE
WITH 
BOARD.—Any person’’; and 
(B) 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 
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 
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) or (3) of 
section 8(a) may, after 60 days following the filing 
of a charge with the Board alleging an unfair labor 
practice, bring a civil action in the appropriate dis-
trict court of the United States against the employer 
within 90 days after the expiration of the 60-day pe-
riod or the date the Board notifies the person that 
no complaint shall issue, whichever occurs earlier, 
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. 
‘‘(2) AVAILABLE RELIEF.—Relief granted in an 
action under paragraph (1) may include— 
‘‘(A) back pay without any reduction, in-
cluding any reduction based on the employee’s 
interim earnings or failure to earn interim earn-
ings; 
‘‘(B) front pay (when appropriate); 
‘‘(C) consequential damages; 
‘‘(D) an additional amount as liquidated 
damages equal to two times the cumulative 
amount of damages awarded under subpara-
graphs (A) through (C); 
‘‘(E) in appropriate cases, punitive dam-
ages in accordance with paragraph (4); and 
‘‘(F) any other relief authorized by section 
706(g) of the Civil Rights Act of 1964 (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
FEES.—In any civil action 
under this subsection, the court may allow the pre-
vailing party a reasonable attorney’s fee (including 
expert fees) and other reasonable costs associated 
with maintaining the action.
‘‘(4) PUNITIVE DAMAGES.—In awarding puni-
tive damages under paragraph (2)(E), the court 
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.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
10(b) of the National Labor Relations Act (29 
U.S.C. 160(b)) is amended— 
(A) by striking ‘‘six months’’ and inserting 
‘‘180 days’’; and 
(B) by striking ‘‘the six-month period’’ and 
inserting ‘‘the 180-day period’’. 
(j) LIMITATIONS.—Section 13 of the National Labor 
Relations Act (29 U.S.C. 163) is amended by striking the 
period at the end and inserting the following: ‘‘: Provided, 
That the duration, scope, frequency, or intermittence of 
any strike or strikes shall not render such strike or strikes 
unprotected or prohibited.’’. 
(k) FAIR SHARE AGREEMENTS PERMITTED.—Sec-
tion 14(b) of the National Labor Relations Act (29 U.S.C.
164(b)) is amended by striking the period at the end and 
inserting the following: ‘‘: Provided, That collective bar-
gaining agreements providing that all employees in a bar-
gaining unit shall contribute fees to a labor organization 
for the cost of representation, collective bargaining, con-
tract enforcement, and related expenditures as a condition 
of employment shall be valid and enforceable notwith-
standing any State or Territorial law.’’. 
SEC. 3. CONFORMING AMENDMENTS TO THE LABOR MAN-
AGEMENT RELATIONS ACT, 1947. 
The Labor Management Relations Act, 1947 is 
amended— 
(1) in section 213(a) (29 U.S.C. 183(a)), by 
striking ‘‘clause (A) of the last sentence of section 
8(d) (which is required by clause (3) of such section 
8(d)), or within 10 days after the notice under 
clause (B)’’ and inserting ‘‘section 8(d)(2)(A) of the 
National Labor Relations Act (which is required by 
section 8(d)(1)(C) of such Act), or within 10 days 
after the notice under section 8(d)(2)(B) of such 
Act’’; and 
(2) by repealing section 303 (29 U.S.C. 187).
SEC. 4. AMENDMENTS TO THE LABOR-MANAGEMENT RE-
PORTING AND DISCLOSURE ACT OF 1959. 
(a) IN GENERAL.—Section 203(c) of the Labor-Man-
agement Reporting and Disclosure Act of 1959 (29 U.S.C. 
433(c)) is amended by striking the period at the end and 
inserting the following ‘‘: Provided, That this subsection 
shall not exempt from the requirements of this section any 
arrangement or part of an arrangement in which a party 
agrees, for an object described in subsection (b)(1), to plan 
or conduct employee meetings; train supervisors or em-
ployer representatives to conduct meetings; coordinate or 
direct activities of supervisors or employer representatives; 
establish or facilitate employee committees; identify em-
ployees for disciplinary action, reward, or other targeting; 
or draft or revise employer personnel policies, speeches, 
presentations, or other written, recorded, or electronic 
communications to be delivered or disseminated to employ-
ees.’’. 
(b) WHISTLEBLOWER PROTECTIONS.—The Labor- 
Management Reporting and Disclosure Act of 1959 (29 
U.S.C. 401 et seq.) is further amended— 
(1) by redesignating section 611 (29 U.S.C. 
531) as section 612; and 
(2) by inserting after section 610 (29 U.S.C. 
530), the following new section:
‘‘WHISTLEBLOWER PROTECTIONS 
‘‘SEC. 611. (a) IN GENERAL.—No employer or labor 
organization shall terminate or in any other way discrimi-
nate against, or cause to be terminated or discriminated 
against, any applicant, covered employee, or former cov-
ered employee, of the employer or the labor organization 
by reason of the fact that such applicant, covered em-
ployee, or former covered employee does, or the employer 
or labor organization perceives the employee to do, any 
of the following: 
‘‘(1) Provide, cause to be provided, or is about 
to provide or cause to be provided, information to 
the labor organization, the Department of Labor, or 
any other State, local, or Federal Government au-
thority or law enforcement agency relating to any 
violation of, or any act or omission that such em-
ployee reasonably believes to be a violation of, any 
provision of this Act. 
‘‘(2) Testify or plan to testify or otherwise par-
ticipate in any proceeding resulting from the admin-
istration or enforcement of any provision of this Act. 
‘‘(3) File, institute, or cause to be filed or insti-
tuted, any proceeding under this Act. 
‘‘(4) Assist in any activity described in para-
graphs (1) through (3).
‘‘(5) Object to, or refuse to participate in, any 
activity, policy, practice, or assigned task that such 
covered employee reasonably believes to be in viola-
tion of any provision of this Act. 
‘‘(b) DEFINITION OF COVERED EMPLOYEE.—For the 
purposes of this section, the term ‘covered employee’ 
means any employee or agent of an employer or labor or-
ganization, including any person with management re-
sponsibilities on behalf of the employer or labor organiza-
tion. 
‘‘(c) PROCEDURES AND TIMETABLES.— 
‘‘(1) COMPLAINT.— 
‘‘(A) IN GENERAL.—An applicant, covered 
employee, or former covered employee who be-
lieves that he or she has been terminated or in 
any other way discriminated against by any 
person in violation of subsection (a) may file (or 
have any person file on his or her behalf) a 
complaint with the Secretary of Labor alleging 
such violation. 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 date upon 
which the employee knows or should rea-
sonably have known that such alleged vio-
lation in subsection (a) occurred. 
‘‘(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 
‘‘(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. 
‘‘(B) GROUNDS FOR DETERMINATION OF 
COMPLAINTS.—The Secretary of Labor shall 
dismiss a complaint filed under this subsection, 
and shall not conduct an investigation otherwise 
required under paragraph (2), unless the com-
plainant makes a prima facie showing that any 
behavior described in paragraphs (1) through 
(5) of subsection (a) was a contributing factor 
in the unfavorable personnel action alleged in 
the complaint. 
‘‘(3) BURDENS OF PROOF.— 
‘‘(A) CRITERIA FOR DETERMINATION.—In 
making a determination or adjudicating a com-
plaint pursuant to this subsection, the Sec-
retary, an administrative law judge or a court 
may determine that a violation of subsection (a) 
has occurred only if the complainant dem-
onstrates that any conduct described in sub-
section (a) with respect to the complainant was 
a contributing factor in the adverse action al-
leged in the complaint. 
‘‘(B) PROHIBITION.—Notwithstanding sub-
paragraph (A), a decision or order that is favor-
able to the complainant shall not be issued in 
any administrative or judicial action pursuant 
to this subsection if the respondent dem-
onstrates by clear and convincing evidence that 
the respondent would have taken the same ad-
verse action in the absence of such conduct. 
‘‘(C) 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). 
‘‘(D) 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. 
‘‘(E) PROCEDURES.— 
‘‘(i) IN
GENERAL.—A hearing re-
quested under this paragraph shall be con-
ducted expeditiously and in accordance 
with rules established by the Secretary for 
hearings conducted by administrative law 
judges. 
‘‘(ii) SUBPOENAS; PRODUCTION
OF 
EVIDENCE.— In conducting any such hear-
ing, the administrative law judge may issue 
subpoenas. The respondent or complainant 
may request the issuance of subpoenas
that require the deposition of, or the at-
tendance and testimony of, witnesses and 
the production of any evidence (including 
any books, papers, documents, or record-
ings) relating to the matter under consid-
eration. 
‘‘(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) AVAILABLE RELIEF.— 
‘‘(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-
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 with interest) and restore 
the terms, conditions, and privileges 
associated with his or her employ-
ment; 
‘‘(III) to provide compensatory 
damages to the complainant; and 
‘‘(IV) expungement of all warn-
ings, reprimands, or derogatory ref-
erences that have been placed in 
paper or electronic records or data-
bases of any type relating to the ac-
tions by the complainant that gave 
rise to the unfavorable personnel ac-
tion, and, at the complainant’s direc-
tion, transmission of a copy of the de-
cision on the complaint to any person 
whom the complainant reasonably be-
lieves may have received such unfavor-
able information. 
‘‘(ii) COSTS
AND
EXPENSES.—If an 
order is issued under clause (i), the Sec-
retary of Labor, at the request of the com-
plainant, shall assess against the person 
against whom the order is issued, a sum 
equal to the aggregate amount of all costs 
and expenses (including 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. 
‘‘(C) FRIVOLOUS
CLAIMS.—If the Sec-
retary 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 employer or 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 270 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 
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; 
‘‘(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; 
and 
‘‘(IV) expungement of all warn-
ings, reprimands, or derogatory ref-
erences that have been placed in 
paper or electronic records or data-
bases of any type relating to the ac-
tions by the complainant that gave 
rise to the unfavorable personnel ac-
tion, and, at the complainant’s direc-
tion, transmission of a copy of the de-
cision on the complaint to any person 
whom the complainant reasonably be-
lieves may have received such unfavor-
able information. 
‘‘(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-
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-
priate relief including injunctive relief, compen-
satory and punitive 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) UNENFORCEABILITY
OF
CERTAIN
AGREE-
MENTS.—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. 
‘‘(e) SAVINGS.—Nothing in this subsection shall be 
construed to diminish the rights, privileges, or remedies 
of any employee who exercises rights under any Federal 
or State law or common law, or under any collective bar-
gaining agreement.’’. 
SEC. 5. RULE OF CONSTRUCTION. 
The amendments made under this Act shall not be 
construed to amend section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a). 
SEC. 6. GAO REPORT ON SECTORAL BARGAINING. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General, 
in consultation with the persons described in subsection 
(b), shall prepare and submit to the Committee on Edu-
cation and Labor of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of 
the Senate a report, that— 
(1) identifies and analyzes the laws, policies, 
and procedures in countries outside the United
States governing collective bargaining at the level of 
an industry sector, including the laws, policies, and 
procedures involved in— 
(A) the administrative system facilitating 
such bargaining; 
(B) how collective bargaining agreements 
are rendered binding on all firms in an industry 
sector; 
(C) defining an industry sector; 
(D) the relationship between collective bar-
gaining at the level of an individual employer or 
group of employers and at the level of an indus-
try sector; 
(E) the designation of representatives for 
collective bargaining at the level of an industry 
sector; 
(F) the scope of collective bargaining and 
impasses at the level of an industry sector; and 
(G) the provision or administration of ben-
efits by labor organizations (such as unemploy-
ment insurance), or union security at the firm 
level or the level of an industry sector, to cover 
the costs of collective bargaining at the level of 
an industry sector;
(2) conducts a comparative analysis of the laws, 
policies, and procedures specified in paragraph (1) 
that have been enacted in countries outside the 
United States; 
(3) to the extent practicable, identifies the ef-
fects of such laws, policies, and procedures on— 
(A) the wages and compensation of em-
ployees; 
(B) 
the 
number 
of 
employees, 
disaggregated by full-time and part-time em-
ployees; 
(C) prices, sales, and revenues; 
(D) employee turnover and retention; 
(E) hiring and training costs; 
(F) productivity and absenteeism; and 
(G) the development of emerging indus-
tries, 
including 
those 
that 
engage 
their 
workforces through technology; and 
(4) describes the methodology used to generate 
the information in the report. 
(b) EXPERT CONSULTATION.—The persons described 
in this subsection are— 
(1) workers and the labor organizations rep-
resenting such workers; 
(2) representatives of businesses;
(3) the National Labor Relations Board; 
(4) the International Labor Organization; and 
(5) the International Labor Affairs Bureau of 
the Department of Labor. 
(c) 
CONGRESSIONAL
ASSESSMENT
AND
REC-
OMMENDATIONS.—Not later than 60 days after the date 
on which the report is submitted under subsection (a), the 
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate shall— 
(1) assess the findings of such report; and 
(2) make recommendations with respect to ac-
tions of Congress to address the findings of such re-
port. 
SEC. 7. RULE OF CONSTRUCTION. 
The amendments made under this Act shall not be 
construed to affect the definitions of ‘‘employer’’ or ‘‘em-
ployee’’ under the laws of any State that govern the wages, 
work hours, workers’ compensation, or unemployment in-
surance of employees. 
SEC. 8. RULE OF CONSTRUCTION. 
The amendments made under this Act shall not be 
construed to affect the privacy of employees with respect 
to voter lists provided to labor organizations by employers 
pursuant to elections directed by the Board.