I 
116TH CONGRESS 
1ST SESSION H. R. 2474 
To amend the National Labor Relations Act, the Labor Management Rela-
tions Act, 1947, and the Labor-Management Reporting and Disclosure 
Act of 1959, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2019 
Mr. SCOTT of Virginia (for himself, Ms. WILSON of Florida, Mr. LEVIN of 
Michigan, Ms. JAYAPAL, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. 
SCHAKOWSKY, Mr. SABLAN, Mr. TAKANO, Mr. CISNEROS, Ms. KAPTUR, 
Ms. OMAR, Ms. FUDGE, Mr. CARTWRIGHT, Mrs. NAPOLITANO, Ms. NOR-
TON, Ms. MCCOLLUM, Mr. HIGGINS of New York, Mr. POCAN, Mr. 
KHANNA, Mr. SUOZZI, Ms. ROYBAL-ALLARD, Mr. PALLONE, Ms. 
HAALAND, Mr. RASKIN, Mr. DESAULNIER, Mr. GARCI´A of Illinois, Mr. 
RYAN, Mr. ROSE of New York, Ms. DEAN, Mr. BEYER, Mr. DEFAZIO, 
Mr. LOWENTHAL, Mr. SIRES, Mr. MCGOVERN, Ms. LEE of California, 
Mrs. DAVIS of California, Ms. JUDY CHU of California, Mr. SERRANO, 
Mr. CUMMINGS, Mr. THOMPSON of Mississippi, Mr. ESPAILLAT, Mr. 
COHEN, Mr. CICILLINE, Mr. LUJA´N, Ms. BONAMICI, Miss RICE of New 
York, Ms. SHALALA, Mr. NORCROSS, Ms. ADAMS, Mr. TRONE, Mr. 
HARDER of California, Mr. MICHAEL F. DOYLE of Pennsylvania, Mrs. 
WATSON COLEMAN, Ms. TLAIB, Mr. MALINOWSKI, Mr. ENGEL, Mr. CAS-
TRO of Texas, Mr. HORSFORD, Mr. GRIJALVA, Ms. MUCARSEL-POWELL, 
Mr. CARSON of Indiana, Mr. CLAY, Mr. SOTO, Ms. DELAURO, Mr. 
VEASEY, Mr. GARAMENDI, Mr. COURTNEY, Mr. DELGADO, Mr. KEN-
NEDY, Ms. SA´NCHEZ, Mrs. LAWRENCE, Ms. CLARK of Massachusetts, Ms. 
WASSERMAN SCHULTZ, Mr. NADLER, Mr. MORELLE, Ms. STEVENS, Ms. 
PRESSLEY, Mr. RUSH, Mr. GOLDEN, Ms. ESHOO, Ms. VELA´ZQUEZ, Mr. 
GREEN of Texas, Ms. PINGREE, Mr. SMITH of Washington, Mr. LYNCH, 
Mr. YARMUTH, Mrs. CAROLYN B. MALONEY of New York, Mr. LAN-
GEVIN, Ms. TITUS, Mr. VISCLOSKY, Mr. CLEAVER, Mrs. HAYES, Mr. 
SHERMAN, Mr. KILDEE, Mrs. CRAIG, Mrs. TRAHAN, Ms. WILD, Mr. 
LEWIS, Mr. RUIZ, and Mr. NEGUSE) introduced the following bill; which 
was referred to the Committee on Education and Labor 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
A BILL 
To amend the National Labor Relations Act, the Labor 
Management Relations Act, 1947, and the Labor-Man-
agement Reporting and Disclosure Act of 1959, 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 ‘‘Protecting the Right 
to Organize Act of 2019’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The National Labor Relations Act (29 
U.S.C. 151 et seq.) was enacted to encourage the 
practice of collective bargaining and to protect the 
exercise by workers of full freedom of association in 
the workplace. Since its enactment in 1935, tens of 
millions of workers have bargained with their em-
ployers over wages, benefits, and other terms and 
conditions of employment and have raised the stand-
ard of living for all workers. 
(2) According to the Bureau of Labor Statis-
tics, union members earn 25.6 percent more than 
workers who are not covered by a collective bar-
gaining agreement. Workers who are represented by 
a union are 28 percent more likely to be offered 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
health insurance through work and nearly five times 
more likely to have defined benefit pensions. The 
wage differential is significant for women and people 
of color. African-American union members earn 25 
percent more than African-American workers who 
are not covered by a collective bargaining agreement, 
and Latino union members earn 42.6 percent more 
than Latino workers who are not covered by a collec-
tive bargaining agreement. Women union members 
earn 30 percent more than women who are not cov-
ered by a collective bargaining agreement, and the 
wage gap between men and women is much smaller 
at workplaces covered by a collective bargaining 
agreement because collective bargaining agreements 
ensure the same rate is paid to workers for a par-
ticular job without regard to gender. The wage and 
benefit gains achieved through collective bargaining 
agreements benefit both workers and their commu-
nities. 
(3) Unions and collective bargaining ensure 
that productivity gains are shared by working peo-
ple. The decline in the percentage of workers covered 
by collective bargaining has contributed to sky-
rocketing income inequality and wage stagnation for 
the average worker. 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
(4) The National Labor Relations Act protects 
the right of workers to join together with their co-
workers in concerted activities for their mutual aid 
or protection. This protection applies broadly to all 
concerted activities by workers aimed at improving 
the terms and conditions of their employment or aid-
ing each other in any way, regardless of whether 
workers are seeking to form a union or engage in 
collective bargaining with their employer. 
(5) The Act protects the right of workers to 
discuss issues like pay and benefits without retalia-
tion or interference by employers. However, the 
awareness of workers regarding their rights under 
the Act is lacking, due in part to the absence of any 
legally required notice informing workers of the 
rights and responsibilities under the Act. Many em-
ployers maintain policies that restrict the ability of 
workers to discuss workplace issues with each other, 
directly contravening these rights. Research shows 
that more than one half of workers report that their 
employers have policies that prohibit or discourage 
workers from discussing pay with their coworkers. 
These policies and practices impede workers from 
exercising their rights under the Act and impair 
their freedom of association at work. 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
poses wasteful delays in the enforcement of the Na-
tional Labor Relations Act, and recommended that 
the Board’s orders be made self-enforcing like those 
of other agencies. Congress did not act upon this 
recommendation, and delays in the Board’s enforce-
ment remain a problem undermining the effective-
ness of the Act. 
(9) Many workers do not currently enjoy the 
protections of the National Labor Relations Act be-
cause they are excluded from coverage under the Act 
or interpretations of the Act. 
(10) Too often, workers who choose to form 
unions are frustrated when their employers use delay 
and other tactics to avoid reaching an initial collec-
tive bargaining agreement. Estimates are that in as 
many as half of new organizing campaigns, workers 
and their employers fail to reach an initial collective 
bargaining agreement. 
(11) While the National Labor Relations Act 
guarantees workers the right to strike, courts have 
permitted employers to ‘‘permanently replace’’ work-
ers who exercise their right to strike. This is con-
trary to Congress’s intent in enacting the National 
Labor Relations Act and has led to confusion among 
workers regarding their right to strike. 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
(12) Hearings under section 9 of the National 
Labor Relations Act (29 U.S.C. 159) exist to assure 
to workers the fullest freedom in exercising the 
rights guaranteed by the Act. However, some em-
ployers have abused the representation process of 
the National Labor Relations Board to impede work-
ers from freely choosing their own representatives 
and exercising their rights under the Act. 
(13) So-called ‘‘right-to-work’’ laws do not give 
any worker the right to a job. While Federal law re-
quires unions to fairly represent all members of a 
given bargaining unit, and thereby expend resources 
on all unit members, many States’ so-called ‘‘right- 
to-work’’ laws prohibit unions from charging all 
members for the representation and services that the 
unions are legally obliged to render. Section 14(b) of 
the National Labor Relations Act (29 U.S.C. 
164(b)) must be reformed to permit unions and em-
ployers to mutually agree that payment of fair share 
fees shall be a condition of employment following ini-
tial hiring. 
(14) Restrictions on so-called ‘‘secondary boy-
cotts’’ and ‘‘recognitional picketing’’ unduly impede 
workers’ ability to engage in peaceful conduct and 
expression. Workers must be free to act in solidarity 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
with workers in other workplaces in order to improve 
labor standards and achieve other lawful ends for 
mutual aid or protection. 
(15) In order to make the right to collective 
bargaining and freedom of association in the work-
place a reality for workers, the National Labor Rela-
tions Act must be strengthened. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to strengthen protections for workers en-
gaged in collective bargaining to improve their 
wages, hours, and terms and conditions of employ-
ment; 
(2) to expand coverage under the National 
Labor Relations Act (29 U.S.C. 151 et seq.) to more 
workers; 
(3) to provide a process by which workers and 
employers can successfully negotiate an initial collec-
tive bargaining agreement; 
(4) to provide a stronger deterrent and fairer 
remedies for workers who face retaliation, discrimi-
nation, or other interference with their legal rights 
to act concertedly, join a union, or engage in collec-
tive bargaining; 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
(5) to broadly protect workers’ right to engage 
in concerted activities for mutual aid or protection; 
(6) to streamline the enforcement procedures of 
the National Labor Relations Board to provide for 
more timely and effective enforcement of the law; 
(7) to safeguard the right to strike by prohib-
iting ‘‘permanent replacement’’ of striking workers; 
(8) to repeal specific prohibitions on collective 
action and peaceful expression; 
(9) to permit fair share fee arrangements in 
order to promote workers’ freedom of association 
and encourage the practice of collective bargaining; 
(10) to improve the purchasing power of wage 
earners in industry; 
(11) to promote the stabilization of fair wage 
rates and humane working conditions within and be-
tween industries; and 
(12) to redress the inequality of bargaining 
power between workers and employers. 
SEC. 4. AMENDMENTS TO THE NATIONAL LABOR RELA-
TIONS ACT. 
(a) DEFINITIONS.— 
(1) JOINT EMPLOYER.—Section 2(2) of the Na-
tional Labor Relations Act (29 U.S.C. 152(2)) is 
amended by adding at the end the following: ‘‘Two 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
or more persons shall be employers with respect to 
an employee if each such person codetermines or 
shares control over the employee’s essential terms 
and conditions of employment. In determining 
whether such control exists, the Board or a court of 
competent jurisdiction shall consider as relevant di-
rect control and indirect control over such terms and 
conditions, reserved authority to control such terms 
and conditions, and control over such terms and con-
ditions exercised by a person in fact: Provided, That 
nothing herein precludes a finding that indirect or 
reserved control standing alone can be sufficient 
given specific facts and circumstances.’’. 
(2) EMPLOYEE.—Section 2(3) of the National 
Labor Relations Act (29 U.S.C. 152(3)) is amended 
by adding at the end the following: ‘‘An individual 
performing any service shall be considered an em-
ployee (except as provided in the previous sentence) 
and not an independent contractor, unless— 
‘‘(A) the individual is free from control and 
direction in connection with the performance of 
the service, both under the contract for the per-
formance of service and in fact; 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
(B) by adding at the end the following: 
‘‘(6) to promise, threaten, or take any action— 
‘‘(A) to permanently replace an employee 
who participates in a strike as defined by sec-
tion 501(2) of the Labor Management Rela-
tions Act, 1947 (29 U.S.C. 142(2)); or 
‘‘(B) to discriminate against an employee 
who is working or has unconditionally offered to 
return to work for the employer because the 
employee supported or participated in such a 
strike.’’; 
(2) in subsection (b)— 
(A) by striking paragraphs (4) and (7); 
(B) by redesignating paragraphs (5) and 
(6) as paragraphs (4) and (5), respectively; 
(C) in paragraph (4), as so redesignated, 
by striking ‘‘affected;’’ and inserting ‘‘affected; 
and’’; and 
(D) in paragraph (5), as so redesignated, 
by striking ‘‘; and’’ and inserting a period; 
(3) in subsection (c), by striking the period at 
the end and inserting the following: ‘‘: Provided, 
That it shall be an unfair labor practice under sub-
section (a)(1) for any employer to require or coerce 
an employee to attend or participate in such employ-
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
er’s campaign activities unrelated to the employee’s 
job duties, including activities that are subject to the 
requirements under section 203(b) of the Labor- 
Management Reporting and Disclosure Act of 1959 
(29 U.S.C. 433(b)).’’; 
(4) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as subparagraphs (A) through (D), 
respectively; 
(B) by striking ‘‘For the purposes of this 
section’’ and inserting ‘‘(1) For purposes of this 
section’’; 
(C) by striking ‘‘The duties imposed’’ and 
inserting ‘‘(2) The duties imposed’’; 
(D) by striking ‘‘by paragraphs (2), (3), 
and (4)’’ and inserting ‘‘by subparagraphs (B), 
(C), and (D) of paragraph (1)’’; 
(E) by striking ‘‘section 8(d)(1)’’ and in-
serting ‘‘paragraph (1)(A)’’; 
(F) by striking ‘‘section 8(d)(3)’’ and in-
serting ‘‘paragraph (1)(C)’’ in each place it ap-
pears; 
(G) by striking ‘‘section 8(d)(4)’’ and in-
serting ‘‘paragraph (1)(D)’’; and 
(H) by adding at the end the following: 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
‘‘(3) Whenever collective bargaining is for the pur-
pose of establishing an initial collective bargaining agree-
ment following certification or recognition of a labor orga-
nization, the following shall apply: 
‘‘(A) Not later than 10 days after receiving a 
written request for collective bargaining from an in-
dividual or labor organization that has been newly 
recognized or certified as a representative as defined 
in section 9(a), or within such further period as the 
parties agree upon, the parties shall meet and com-
mence to bargain collectively and shall make every 
reasonable effort to conclude and sign a collective 
bargaining agreement. 
‘‘(B) If after the expiration of the 90-day pe-
riod beginning on the date on which bargaining is 
commenced, or such additional period as the parties 
may agree upon, the parties have failed to reach an 
agreement, either party may notify the Federal Me-
diation and Conciliation Service of the existence of 
a dispute and request mediation. Whenever such a 
request is received, it shall be the duty of the Service 
promptly to put itself in communication with the 
parties and to use its best efforts, by mediation and 
conciliation, to bring them to agreement. 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
‘‘(C) If after the expiration of the 30-day period 
beginning on the date on which the request for me-
diation is made under subparagraph (B), or such ad-
ditional period as the parties may agree upon, the 
Service is not able to bring the parties to agreement 
by conciliation, the Service shall refer the dispute to 
a tripartite arbitration panel established in accord-
ance with such regulations as may be prescribed by 
the Service, with one member selected by the labor 
organization, one member selected by the employer, 
and one neutral member mutually agreed to by the 
parties. A majority of the tripartite arbitration panel 
shall render a decision settling the dispute and such 
decision shall be binding upon the parties for a pe-
riod of two years, unless amended during such pe-
riod by written consent of the parties. Such decision 
shall be based on— 
‘‘(i) the employer’s financial status and 
prospects; 
‘‘(ii) the size and type of the employer’s 
operations and business; 
‘‘(iii) the employees’ cost of living; 
‘‘(iv) the employees’ ability to sustain 
themselves, their families, and their dependents 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
on the wages and benefits they earn from the 
employer; and 
‘‘(v) the wages and benefits other employ-
ers in the same business provide their employ-
ees.’’; 
(5) by amending subsection (e) to read as fol-
lows: 
‘‘(e) Notwithstanding chapter 1 of title 9, United 
States Code (commonly known as the ‘Federal Arbitration 
Act’), or any other provision of law, it shall be an unfair 
labor practice under subsection (a)(1) for any employer— 
‘‘(1) to enter into or attempt to enforce any 
agreement, express or implied, whereby prior to a 
dispute to which the agreement applies, an employee 
undertakes or promises not to pursue, bring, join, 
litigate, or support any kind of joint, class, or collec-
tive claim arising from or relating to the employ-
ment of such employee in any forum that, but for 
such agreement, is of competent jurisdiction; 
‘‘(2) to coerce an employee into undertaking or 
promising not to pursue, bring, join, litigate, or sup-
port any kind of joint, class, or collective claim aris-
ing from or relating to the employment of such em-
ployee; or 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
‘‘(3) to retaliate or threaten to retaliate against 
an employee for refusing to undertake or promise 
not to pursue, bring, join, litigate, or support any 
kind of joint, class, or collective claim arising from 
or relating to the employment of such employee: 
Provided, That any agreement that violates this sub-
section or results from a violation of this subsection 
shall be to such extent unenforceable and void: Pro-
vided further, That this subsection shall not apply to 
any agreement embodied in or expressly permitted 
by a contract between an employer and a labor orga-
nization.’’; 
(6) in subsection (g), by striking ‘‘clause (B) of 
the last sentence of section 8(d) of this Act’’ and in-
serting ‘‘subsection (d)(2)(B)’’; and 
(7) by adding at the end the following: 
‘‘(h)(1) The Board shall promulgate regulations re-
quiring each employer to post and maintain, in con-
spicuous places where notices to employees and applicants 
for employment are customarily posted both physically and 
electronically, a notice setting forth the rights and protec-
tions afforded employees under this Act. The Board shall 
make available to the public the form and text of such 
notice. The Board shall promulgate regulations requiring 
employers to notify each new employee of the information 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
contained in the notice described in the preceding two sen-
tences. 
‘‘(2) Whenever the Board directs an election under 
section 9(c) or approves an election agreement, the em-
ployer of employees in the bargaining unit shall, not later 
than two business days after the Board directs such elec-
tion or approves such election agreement, provide a voter 
list to a labor organization that has petitioned to represent 
such employees. Such voter list shall include the names 
of all employees in the bargaining unit and such employ-
ees’ home addresses, work locations, shifts, job classifica-
tions, and, if available to the employer, personal landline 
and mobile telephone numbers, and work and personal 
email addresses. Not later than nine months after the date 
of enactment of the Protecting the Right to Organize Act 
of 2019, the Board shall promulgate regulations imple-
menting the requirements of this paragraph.’’. 
(d) REPRESENTATIVES AND ELECTIONS.—Section 9 
of the National Labor Relations Act (29 U.S.C. 159) is 
amended— 
(1) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) Whenever a petition shall have been filed, in ac-
cordance with such regulations as may be prescribed by 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
the Board, by an employee or group of employees or any 
individual or labor organization acting in their behalf al-
leging that a substantial number of employees (i) wish to 
be represented for collective bargaining and that their em-
ployer declines to recognize their representative as the rep-
resentative defined in section 9(a), or (ii) assert that the 
individual or labor organization, which has been certified 
or is being recognized by their employer as the bargaining 
representative, is no longer a representative as defined in 
section 9(a), the Board shall investigate such petition and 
if it has reasonable cause to believe that a question of rep-
resentation affecting commerce exists shall provide for an 
appropriate hearing upon due notice. Such hearing may 
be conducted by an officer or employee of the regional of-
fice, who shall not make any recommendations with re-
spect thereto. If the Board finds upon the record of such 
hearing that such a question of representation exists, it 
shall direct an election by secret ballot and shall certify 
the results thereof. No employer shall have standing as 
a party or to intervene in any representation proceeding 
under this section.’’; 
(B) in paragraph (3), by striking ‘‘an eco-
nomic strike who are not entitled to reinstate-
ment’’ and inserting ‘‘a strike’’; 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
(C) by redesignating paragraphs (4) and 
(5) as paragraphs (6) and (7), respectively; 
(D) by inserting after paragraph (3) the 
following: 
‘‘(4) 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 certify the labor organization as the rep-
resentative of the employees in such unit and shall issue 
an order requiring the employer of such employees to col-
lectively bargain with the labor organization in accordance 
with section 8(d). This order shall be deemed an order 
under section 10(c) of this Act, without need for a deter-
mination of an unfair labor practice. 
‘‘(5)(A) 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 organiza-
tion, the Board shall dismiss the petition, subject to sub-
paragraphs (B) and (C). 
‘‘(B) In any case in which 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 organization and the Board determines that 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
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 interference is un-
likely to have affected the outcome of the election, the 
Board shall, without ordering a new election, certify the 
labor organization as the representative of the employees 
in such unit and issue an order requiring the employer 
to bargain with the labor organization in accordance with 
section 8(d) if, at any time during the period beginning 
one 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 inter-
ference, a majority of the employees in the bargaining unit 
have signed authorizations designating the labor organiza-
tion as their collective bargaining representative. 
‘‘(C) In any case where the Board determines that 
an election under this paragraph should be set aside, the 
Board shall direct a new election with appropriate addi-
tional safeguards necessary to ensure a fair election proc-
ess, except in cases where the Board issues a bargaining 
order under subparagraph (B).’’; and 
(E) by inserting after paragraph (7), as so 
redesignated, the following: 
‘‘(8) Except under extraordinary circumstances— 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
‘‘(A) a pre-election hearing under this sub-
section shall begin not later than eight days after a 
notice of such hearing is served on the labor organi-
zation; and 
‘‘(B) a post-election hearing under this sub-
section shall begin not later than 14 days after the 
filing of objections, if any.’’; and 
(2) in subsection (d), by striking ‘‘(e) or’’ and 
inserting ‘‘(d) or’’. 
(e) PREVENTION OF UNFAIR LABOR PRACTICES.— 
Section 10(c) of the National Labor Relations Act (29 
U.S.C. 160(c)) is amended by striking ‘‘suffered by him’’ 
and inserting ‘‘suffered by such employee: Provided fur-
ther, That if the Board finds that an employer has dis-
criminated against an employee in violation of paragraph 
(3) or (4) of section 8(a) or has committed a violation 
of section 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 without any reduction 
(including any reduction based on the employee’s interim 
earnings or failure to earn interim earnings), front pay 
(when appropriate), consequential damages, and an addi-
tional amount as liquidated damages equal to two times 
the amount of damages awarded: Provided further, no re-
lief under this subsection shall be denied on the basis that 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
the employee is, or was during the time of relevant em-
ployment or during the back pay period, an unauthorized 
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 employ-
ment of aliens’’. 
(f) ENFORCING COMPLIANCE WITH ORDERS OF THE 
BOARD.— 
(1) IN GENERAL.—Section 10 of the National 
Labor Relations Act (29 U.S.C. 160) is further 
amended— 
(A) by striking subsection (e); 
(B) by redesignating subsection (d) as sub-
section (e); 
(C) by inserting after subsection (c) the 
following: 
‘‘(d)(1) Each order of the Board shall take effect 
upon issuance of such order, unless otherwise directed by 
the Board, and shall remain in effect unless modified by 
the Board or unless a court of competent jurisdiction 
issues a superseding order. 
‘‘(2) Any person who fails or neglects to obey an 
order of the Board shall forfeit and pay to the Board a 
civil penalty of not more than $10,000 for each violation, 
which shall accrue to the Board and may be recovered in 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
a civil action brought by the Board to the district court 
of the United States in which the unfair labor practice 
or other subject of the order occurred, or in which such 
person or entity resides or transacts business. No action 
by the Board under this paragraph may be made until 
30 days following the issuance of an order. Each separate 
violation of such an order shall be a separate offense, ex-
cept that, in the case of a violation in which a person fails 
to obey or neglects to obey a final order of the Board, 
each day such failure or neglect continues shall be deemed 
a separate offense. 
‘‘(3) If, after having provided a person or entity with 
notice and an opportunity to be heard regarding a civil 
action under subparagraph (2) for the enforcement of an 
order, the court determines that the order was regularly 
made and duly served, and that the person or entity is 
in disobedience of the same, the court shall enforce obedi-
ence to such order by an injunction or other proper proc-
ess, mandatory or otherwise, to— 
‘‘(A) restrain such person or entity or the offi-
cers, agents, or representatives of such person or en-
tity, from further disobedience to such order; or 
‘‘(B) enjoin such person or entity, officers, 
agents, or representatives to obedience to the 
same.’’; 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
(D) in subsection (f)— 
(i) by striking ‘‘proceed in the same 
manner as in the case of an application by 
the Board under subsection (e) of this sec-
tion,’’ and inserting ‘‘proceed as provided 
under paragraph (2) of this subsection’’; 
(ii) by striking ‘‘Any’’ and inserting 
the following: 
‘‘(1) Within 30 days of the issuance of an 
order, any’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(2) No objection that has not been urged before the 
Board, its member, agent, or agency shall be considered 
by a court, unless the failure or neglect to urge such objec-
tion shall be excused because of extraordinary cir-
cumstances. The findings of the Board with respect to 
questions of fact if supported by substantial evidence on 
the record considered as a whole shall be conclusive. If 
either party shall apply to the court for leave to adduce 
additional evidence and shall show to the satisfaction of 
the court that such additional evidence is material and 
that there were reasonable grounds for the failure to ad-
duce such evidence in the hearing before the Board, its 
member, agent, or agency, the court may order such addi-
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
tional evidence to be taken before the Board, its member, 
agent, or agency, and to be made a part of the record. 
The Board may modify its findings as to the facts, or 
make new findings, by reason of additional evidence so 
taken and filed, and it shall file such modified or new find-
ings, which findings with respect to questions of fact if 
supported by substantial evidence on the record considered 
as a whole shall be conclusive, and shall file its rec-
ommendations, if any, for the modification or setting aside 
of its original order. Upon the filing of the record with 
it the jurisdiction of the court shall be exclusive and its 
judgment and decree shall be final, except that the same 
shall be subject to review by the appropriate United States 
court of appeals if application was made to the district 
court, and by the Supreme Court of the United States 
upon writ of certiorari or certification as provided in sec-
tion 1254 of title 28, United States Code.’’; and 
(E) in subsection (g), by striking ‘‘sub-
section (e) or (f) of this section’’ and inserting 
‘‘subsection (d) or (f)’’. 
(2) CONFORMING AMENDMENT.—Section 18 of 
the National Labor Relations Act (29 U.S.C. 168) 
is amended by striking ‘‘ section 10(e) or (f)’’ and 
inserting ‘‘subsection (d) or (f) of section 10’’. 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
(g) INJUNCTIONS AGAINST UNFAIR LABOR PRAC-
TICES INVOLVING DISCHARGE OR OTHER SERIOUS ECO-
NOMIC HARM.—Section 10 of the National Labor Rela-
tions Act (29 U.S.C. 160) is amended— 
(1) in subsection (j)— 
(A) by striking ‘‘The Board’’ and inserting 
‘‘(1) The Board’’; and 
(B) by adding at the end the following: 
‘‘(2) Notwithstanding subsection (m), 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 eco-
nomic harm to an employee, the preliminary investigation 
of such charge shall be made forthwith and given priority 
over all other 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, such officer or attorney 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 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
no reasonable likelihood that the Board will succeed on 
the merits of the Board’s claim.’’; and 
(2) by repealing subsections (k) and (l). 
(h) PENALTIES.— 
(1) IN GENERAL.—Section 12 of the National 
Labor Relations Act (29 U.S.C. 162) is amended— 
(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 
VerDate Sep 11 2014 
21:38 May 08, 2019
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
case shall the amount of such penalty 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 
section 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 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 exceed $100,000, in any case 
where the employer has within the preceding five 
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 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
‘‘(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-
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
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)). 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
‘‘(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’’. 
(i) 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, 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
That the duration, scope, frequency, or intermittence of 
any strike or strikes shall not render such strike or strikes 
unprotected or prohibited.’’. 
(j) FAIR SHARE AGREEMENTS PERMITTED.—Section 
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. 5. AMENDMENTS TO THE LABOR MANAGEMENT RELA-
TIONS 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 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS
after the notice under section 8(d)(2)(B) of such 
Act’’; and 
(2) by repealing section 303 (29 U.S.C. 187). 
SEC. 6. AMENDMENTS TO THE LABOR-MANAGEMENT RE-
PORTING AND DISCLOSURE ACT OF 1959. 
Section 203(c) of the Labor-Management Reporting 
and Disclosure Act of 1959 (29 U.S.C. 433(c)) is amended 
by striking the period at the end and inserting the fol-
lowing ‘‘: 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 employer rep-
resentatives to conduct meetings; coordinate or direct ac-
tivities of supervisors or employer representatives; estab-
lish or facilitate employee committees; identify employees 
for disciplinary action, reward, or other targeting; or draft 
or revise employer personnel policies, speeches, presen-
tations, or other written, recorded, or electronic commu-
nications to be delivered or disseminated to employees.’’. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this 
Act, including any amendments made by this Act. 
Æ 
VerDate Sep 11 2014 
04:40 May 08, 2019
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6301
E:\BILLS\H2474.IH
H2474
kjohnson on DSK79L0C42 with BILLS