‘‘(1) IN GENERAL.—Each order of the Board 
shall take effect upon issuance, unless otherwise di-
rected by the Board, and shall remain in effect, un-
less modified by the Board or unless a court of com-
petent jurisdiction issues a superseding order. 
‘‘(2) VIOLATIONS OF ORDERS BY THE BOARD.— 
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 vio-
lation, which shall accrue to the Board and may be 
recovered in 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. Each separate violation of 
such an order shall be a separate offense, except 
that in a case of violation through continuing failure 
to obey or neglect to obey a final order of the Board, 
each day of continuance of such failure or neglect 
shall be deemed a separate offense. No action by the 
Board under this paragraph may be made until 30 
days following the issuance of an order. 
‘‘(3) PROCEDURE.—If, after having provided a 
person or entity with notice and an opportunity to 
be heard regarding a request under paragraph (2) 
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for the enforcement of an order, the court deter-
mines that the order was regularly made and duly 
served, and that the person or entity is in disobe-
dience of the same, the court shall enforce obedience 
to such order by a writ of injunction or other proper 
process, mandatory or otherwise, to— 
‘‘(A) restrain such person or entity or the 
officers, agents, or representatives of such per-
son or entity, from further disobedience of such 
order; or 
‘‘(B) enjoin upon such person or entity, of-
ficers, agents, or representatives obedience to 
the same.’’; 
(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: 
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‘‘(2) No objection that has not been urged be-
fore the Board, its member, agent, or agency, shall 
be considered by a court, unless the failure or ne-
glect to urge such objection shall be excused because 
of extraordinary circumstances. 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 evi-
dence 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 additional 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 findings, which 
findings with respect to questions of fact if sup-
ported by substantial evidence on the record consid-
ered as a whole shall be conclusive, and shall file its 
recommendations, if any, for the modification or set-
ting aside of its original order. Upon the filing of the 
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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 ap-
plication was made to the district court, and by the 
Supreme Court of the United States upon writ of 
certiorari or certification as provided in section 1254 
of title 28, United States Code.’’. 
(2) CONFORMING AMENDMENTS.—The National 
Labor Relations Act (29 U.S.C. 151 et seq.) is fur-
ther amended— 
(A) in section 9(d), by striking ‘‘section 
10(e) or 10(f)’’ and inserting ‘‘subsection (d) or 
(f) of section 10’’; and 
(B) in section 10— 
(i) in subsection (f), by striking ‘‘sub-
section (e) of this section’’ and inserting 
‘‘subsection (d)’’; and 
(ii) in subsection (g), by striking 
‘‘subsection (e) or (f) of this section’’ and 
inserting ‘‘subsection (d) or (f)’’. 
SEC. 6. COVERAGE. 
(a) ENSURING THAT EMPLOYEES ARE NOT WRONG-
LY CLASSIFIED AS SUPERVISORS AND DENIED THE PRO-
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TECTIONS OF THE ACT.—Section 2(11) of the National 
Labor Relations Act (29 U.S.C. 152(11)) is amended— 
(1) by inserting ‘‘and for a majority of the indi-
vidual’s worktime’’ after ‘‘interest of the employer’’; 
(2) by striking ‘‘assign,’’; and 
(3) by striking ‘‘or responsibly to direct them,’’. 
(b) 
ENSURING
THAT
EMPLOYEES
ARE
NOT 
MISCLASSIFIED
AS INDEPENDENT CONTRACTORS
AND 
DENIED THE PROTECTIONS OF THE ACT.—Section 2(3) 
of the National Labor Relations Act (29 U.S.C. 152(3)) 
is amended by inserting at the end of the section the fol-
lowing: ‘‘An individual performing any service shall be 
considered to be an employee and not an independent con-
tractor unless— 
‘‘(A) the individual is free from control and di-
rection in connection with the performance of the 
service, both under the contract for the performance 
of service and in fact; 
‘‘(B) the service is performed outside the usual 
course of the business of the employer; and 
‘‘(C) the individual is customarily engaged in an 
independently established trade, occupation, profes-
sion or business of the same nature as that involved 
in the service performed.’’. 
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SEC. 7. FACILITATING INITIAL COLLECTIVE BARGAINING 
AGREEMENTS. 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158), as amended by section 5(a), is further 
amended by adding at the end the following: 
‘‘(i) Whenever collective bargaining is for the purpose 
of establishing an initial agreement following certification 
or recognition, the provisions of subsection (d) shall be 
modified as follows: 
‘‘(1) Not later than 10 days after receiving a 
written request for collective bargaining from an in-
dividual or labor organization that has been newly 
organized 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. 
‘‘(2) If after the expiration of the 90-day period 
beginning on the date on which bargaining is com-
menced, 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 
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