tion of subsection (a), in writing, of such 
determination. 
‘‘(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. 
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‘‘(3) GROUNDS FOR DETERMINATION OF COM-
PLAINTS.— 
‘‘(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-
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scribed in paragraphs (1) through (4) of sub-
section (a) was a contributing factor in the un-
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 
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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) 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 
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the complaint upon which the order was 
issued. 
‘‘(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. 
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‘‘(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; 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 
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courts shall have jurisdiction to grant all appro-
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— 
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‘‘(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 
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