[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 782 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 782

  To amend the National Labor Relations Act and the Labor Management 
 Relations Act, 1947, to permit additional remedies in certain unfair 
             labor practice cases, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                  May 9 (legislative day, May 1), 1995

   Mr. Simon introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the National Labor Relations Act and the Labor Management 
 Relations Act, 1947, to permit additional remedies in certain unfair 
             labor practice cases, 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 ``Labor Relations Remedies Act of 
1995''.

SEC. 2. BOARD REMEDIES.

    Section 10(c) of the National Labor Relations Act (29 U.S.C. 
160(c)) is amended by inserting after the fourth sentence the following 
new sentence: ``If the Board finds that an employee was discharged as a 
result of an unfair labor practice, the Board in such order shall (1) 
award back pay in an amount equal to three times the employee's wage 
rate at the time of the unfair labor practice and (2) notify such 
employee of such employee's right to sue for punitive damages and 
damages with respect to a wrongful discharge under section 303 of the 
Labor Management Relations Act, 1947 (29 U.S.C. 187), as amended by the 
Labor Relations Remedies Act of 1995.''.

SEC. 3. COURT REMEDIES.

    Section 303 of the Labor Management Relations Act, 1947 (29 U.S.C. 
187), is amended by adding at the end the following new subsections:
    ``(c) It shall be unlawful, for purposes of this section, for any 
employer to discharge an employee for exercising rights protected under 
the National Labor Relations Act (29 U.S.C. 158).
    ``(d) An employee whose discharge is determined by the National 
Labor Relations Board under section 10(c) of the National Labor 
Relations Act (29 U.S.C. 160(c)) to be as a result of an unfair labor 
practice under section 8 of such Act may file a civil action in any 
district court of the United States, without respect to the amount in 
controversy, to recover punitive damages or if actionable, in any State 
court to recover damages based on a wrongful discharge.''.
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