Title: Striking Workers Healthcare Protection Act
Policy area: Labor and Employment

Summary:
Striking Workers Healthcare Protection Act
This bill prohibits an employer from terminating or significantly altering the employer-provided health insurance coverage of an employee engaged in a lawful strike. An employer that violates this prohibition is subject to a maximum civil penalty of $50,000 for each violation.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6557 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6557

 To prohibit an employer from terminating the coverage of an employee 
  under a group health plan while the employee is engaged in a lawful 
                    strike, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2022

 Mrs. Axne (for herself, Mr. Cohen, Mr. Higgins of New York, Mr. Levin 
of Michigan, Mr. McGovern, Mr. Pascrell, Ms. Sanchez, and Ms. Williams 
 of Georgia) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To prohibit an employer from terminating the coverage of an employee 
  under a group health plan while the employee is engaged in a lawful 
                    strike, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Striking Workers Healthcare 
Protection Act''.

SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP HEALTH PLAN DURING A 
              LAWFUL STRIKE.

    (a) In General.--Section 8(a) of the National Labor Relations Act 
(29 U.S.C. 158(a)) is amended--
            (1) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (2) by adding at the end the following:
            ``(6) to terminate or significantly alter the coverage of 
        an employee under a group health plan during the period that 
        such employee is engaged in a lawful strike.''.
    (b) Definitions.--Section 2 of the National Labor Relations Act (29 
U.S.C. 152) is amended by adding at the end the following:
            ``(15) The term `group health plan' has the meaning given 
        the term under section 607(1) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1167(1)).''.
    (c) Penalties.--Section 12 of the National Labor Relations Act (29 
U.S.C. 162) is amended--
            (1) by striking ``Sec. 12. Any person'' and inserting the 
        following:

                              ``penalties

    ``Sec. 12.  (a) Violations for Interference With the Board.--Any 
person''; and
            (2) by adding the following:
    ``(b) Civil Penalties for Unfair Labor Practices.--Any employer who 
commits an unfair labor practice within the meaning of section 8(a)(6) 
shall be subject to a civil penalty in an amount not to exceed $50,000 
for each such violation, except that, with respect to an unfair labor 
practice within the meaning of section 8(a)(6) that relates to the 
discharge 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 within the 
preceding 5 years committed another such violation of section 8(a)(6). 
A civil penalty under this subsection shall be in addition to any other 
remedy ordered by the Board.
    ``(c) Considerations.--In determining the amount of any civil 
penalty under this section, the Board shall consider--
            ``(1) the gravity of the actions of the employer resulting 
        in the penalty, including the impact of such actions on the 
        charging party or on other persons seeking to exercise rights 
        guaranteed by the Act;
            ``(2) the size of the employer;
            ``(3) the history of previous unfair labor practices or 
        other actions by the employer resulting in a penalty; and
            ``(4) the public interest.
    ``(d) Director and Officer Liability.--If the Board determines, 
based on the particular facts and circumstances presented, that a 
director or officer's personal liability is warranted, a civil penalty 
for a violation described in this section may also be assessed against 
any director or officer of the employer who directed or committed the 
violation, or had actual or constructive knowledge of and the authority 
to prevent the violation and failed to prevent the violation.''.
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