‘‘(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. 
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‘‘(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.’’. 
(b) CONFORMING AMENDMENTS.—Section 10(b) of 
the National Labor Relations Act (29 U.S.C. 160(b)) is 
amended— 
(1) by striking ‘‘six months’’ and inserting 
‘‘180 days’’; and 
(2) by striking ‘‘the six-month period’’ and in-
serting ‘‘the 180-day period’’. 
SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. 
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 dura-
tion, scope, frequency, or intermittence of any strike or 
strikes shall not render such strike or strikes unprotected 
or prohibited.’’. 
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SEC. 111. 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 col-
lective bargaining agreements providing that all employees 
in a bargaining unit shall contribute fees to a labor organi-
zation for the cost of representation, collective bargaining, 
contract enforcement, and related expenditures as a condi-
tion of employment shall be valid and enforceable notwith-
standing any State or Territorial law.’’. 
TITLE II—AMENDMENTS TO THE 
LABOR MANAGEMENT RELA-
TIONS ACT, 1947 AND THE 
LABOR-MANAGEMENT 
RE-
PORTING AND DISCLOSURE 
ACT OF 1959 
SEC. 201. 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 
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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. 202. 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— 
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(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 organiza-
tion shall terminate or in any other way discriminate 
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 employer, the Depart-
ment of Labor, or any other State, local, or Federal 
Government authority or law enforcement agency re-
lating to any violation of, or any act or omission 
that such employee reasonably believes to be a viola-
tion 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. 
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‘‘(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— 
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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. 
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‘‘(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 
paragraph (2)(A)(ii), issue a preliminary order 
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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. 
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‘‘(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.— 
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‘‘(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-
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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. 
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‘‘(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— 
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‘‘(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. 
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‘‘(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 
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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. 
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‘‘(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.’’. 
(c) Section 203(b) of the Labor-Management Report-
ing and Disclosure Act of 1959 (29 U.S.C. 433(b)) is 
amended in the matter following paragraph (2)— 
(1) by striking the period at the end; and 
(2) by inserting ‘‘and shall make such informa-
tion available to the public in a readily accessible 
and searchable electronic format, and through a se-
cure software application for use on an electronic de-
vice.’’. 
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TITLE III—OTHER MATTERS 
SEC. 301. ELECTRONIC VOTING IN UNION ELECTIONS. 
(a) IN GENERAL.— 
(1) ELECTRONIC
VOTING
SYSTEM.—Notwith-
standing any other provision of law, subject to the 
provisions of this section, not later than 90 days 
after the date of the enactment of this Act, the Na-
tional Labor Relations Board shall implement a sys-
tem and procedures to conduct representation elec-
tions remotely using an electronic voting system. 
(2) PROCEDURES.—The procedures under para-
graph (1) shall ensure that each employee voting in 
a representation election may choose to cast a vote 
using either an internet voting system or a telephone 
voting system. 
(3) NATIONAL MEDIATION BOARD SYSTEM.—If 
the Board does not implement a system under para-
graph (1) before the date that is 60 days after the 
date of the enactment of this Act, the Board shall 
enter into a temporary agreement to use the system 
used by the National Mediation Board to conduct 
representation elections for the period— 
(A) beginning on the date that is 60 days 
after the date of enactment of this Act; and 
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election under section 9 of the National Labor Rela-
tions Act (29 U.S.C. 159). 
SEC. 302. GAO REPORT ON SECTORAL BARGAINING. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Comptroller General 
shall conduct a review of collective bargaining at the sec-
toral level in a geographically diverse set of countries 
where sectoral bargaining is facilitated and prepare and 
submit to Congress a report with respect to such countries 
that— 
(1) identifies, analyzes, and compares— 
(A) the laws and policies governing or re-
lated to collective bargaining at the sectoral 
level; 
(B) the administrative systems facilitating 
such bargaining; and 
(C) the procedures involved in sectoral bar-
gaining; 
(2) to the extent practicable, consider reported 
effects of the policies and procedures described in 
paragraph (1) on— 
(A) the wages and compensation of em-
ployees; 
(B) the number of full-time and part-time 
employees; 
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(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 
(3) describes the methodology used to generate 
the information in the report. 
SEC. 303. SEVERABILITY. 
If any provision of this Act or the application thereof 
to any person or circumstance is held invalid, the remain-
der of this Act, or the application of that provision to per-
sons or circumstances other than those as to which it is 
held invalid, is not affected thereby. 
SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this 
Act and the amendments made by this Act. 
SEC. 305. 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). 
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SEC. 306. RULE OF CONSTRUCTION. 
The amendments made by this Act shall not be con-
strued to affect the jurisdictional standards of the Na-
tional Labor Relations Board, including any standards 
that measure the size of a business with respect to reve-
nues, that are used to determine whether an industry is 
affecting commerce for purposes of determining coverage 
under the National Labor Relations Act (29 U.S.C. 151 
et seq.). 
SEC. 307. RULE OF CONSTRUCTION. 
Nothing in this Act or the amendments made by this 
Act shall 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. 
SEC. 308. 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. 309. GAO REPORT. 
(a) IN GENERAL.—The Comptroller General, through 
the Government Accountability Office, shall one year after 
the date of enactment of this Act commence a study on 
the impact of Section 101(a) and Section 101(b) of this 
Act regarding— 
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(1) the effect on coverage of employees under of 
the National Labor Relations Act, and the impact 
from such change in coverage, on their capacity in 
various sectors to form unions and collectively bar-
gain as a means to improve wages, benefits, work-
place safety, and other working conditions; and 
(2) the effect on employers and other enter-
prises regarding the right of employees to organize 
and collectively bargain over wages, benefits, work-
place safety, and other working conditions in such 
sectors. 
(b) FACTORS.—Such study shall identify, compare, 
and analyze impacts from changes implicated by Section 
101(a) and Section 101(b) on— 
(1) flexibility for employees with respect to 
hours, shifts, assignments and working arrange-
ments; 
(2) rates of compensation, health care, and em-
ployee benefits; 
(3) resolution of grievances and disputes, in-
cluding employers’ ability to terminate and employ-
ees’ right to due process; 
(4) use of technology or algorithms, including 
the adoption of new technology and algorithms; and 
(5) workplace safety and health. 
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(c) STAKEHOLDER INPUT.—In preparing the report, 
the Government Accountability Office shall gather infor-
mation from impacted stakeholders, including various 
business enterprises and labor organizations. In devel-
oping a list of stakeholders, the Government Account-
ability Office shall consult with the House Committee on 
Education and Labor and the Senate Committee on 
Health, Education, Labor and Pensions. 
(d) CONGRESSIONAL REPORT.—Six months after the 
commencement of the study, the Government Account-
ability Office shall transmit its findings and report to the 
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education, 
Labor and Pensions of the Senate, and consistent with 
its policies, make its findings and report available to the 
public. 
(e) PRESIDENTIAL CONSIDERATION.—The President, 
in consultation with the Department of Labor and other 
agencies as the President deems appropriate, shall, subse-
quent to the issuance of such report, consider such find-
ings, and within 60 days may recommend that the House 
of Representatives and the Senate modify section 101(a) 
or section 101(b), or both or make no recommendations. 
(f) SENSE OF THE HOUSE OF REPRESENTATIVES.— 
It is the sense of the House of Representatives that the 
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House of Representatives shall consider whether to accept, 
reject, or modify any recommendations received under (e), 
as it deems appropriate. 
Passed the House of Representatives March 9, 
2021. 
Attest: 
Clerk. 
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117TH CONGRESS 
1ST SESSION 
H. R. 842 
AN ACT 
To amend the National Labor Relations Act, the 
Labor Management Relations Act, 1947, and the 
Labor-Management Reporting and Disclosure 
Act of 1959, and for other purposes. 
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