[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 702 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 702

  To amend the National Labor Relations Act and the Labor Management 
  Relations Act, 1947 to deter labor slowdowns at ports of the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2017

   Mr. Risch (for himself, Mr. Crapo, and Mr. Perdue) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the National Labor Relations Act and the Labor Management 
  Relations Act, 1947 to deter labor slowdowns at ports of the United 
                    States, 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 ``Preventing Labor Union Slowdowns Act 
of 2017'' or the ``PLUS Act''.

SEC. 2. DETERRING LABOR SLOWDOWNS.

    (a) Amendments to the National Labor Relations Act.--The National 
Labor Relations Act is amended--
            (1) in section 1 (29 U.S.C. 151), by adding at the end the 
        following:
            ``International trade is one of the most important 
        components of the economy of the United States and will likely 
        continue to grow in the future. In order to remain competitive 
        in an increasingly competitive global economy, it is essential 
        that the United States possess a highly efficient and reliable 
        public and private transportation network. The ports of the 
        United States are an increasingly important part of such 
        transportation network. Experience has demonstrated that 
        frequent and periodic disruptions to commerce in the maritime 
        industry in the form of deliberate and unprotected labor 
        slowdowns at the ports of the United States have led to 
        substantial and frequent economic disruption and loss, 
        interfering with the free flow of domestic and international 
        commerce and threatening the economic health of the United 
        States, as well as its citizens and businesses. Such frequent 
        and periodic disruptions to commerce in the maritime industry 
        hurt the reputation of the United States in the global economy, 
        cause the ports of the United States to lose business, and 
        represent a serious and burgeoning threat to the financial 
        health and economic stability of the United States. It is 
        hereby declared to be the policy of the United States to 
        eliminate the causes and mitigate the effects of such 
        disruptions to commerce in the maritime industry and to provide 
        effective and prompt remedies to individuals injured by such 
        disruptions.'';
            (2) in section 2 (29 U.S.C. 152), by adding at the end the 
        following:
            ``(15) The term `employee engaged in maritime employment' 
        has the meaning given the term `employee' in section 2(3) of 
        the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 
        902(3)).
            ``(16) The term `labor slowdown'--
                    ``(A) includes any intentional effort by employees 
                to reduce productivity or efficiency in the performance 
                of any duty of such employees; and
                    ``(B) does not include any such effort required by 
                the good faith belief of such employees that an 
                abnormally dangerous condition exists at the place of 
                employment of such employees.'';
            (3) in section 8(b) (29 U.S.C. 158(b))--
                    (A) in paragraph (6), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (7), by striking the period at the 
                end of the matter following subparagraph (C) and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(8) in representing, or seeking to represent, employees 
        engaged in maritime employment, to engage in a labor slowdown 
        at any time, including when a collective-bargaining agreement 
        is in effect.''; and
            (4) in section 10(l) (29 U.S.C. 160(l)), in the first 
        sentence, by striking ``or section 8(b)(7)'' and inserting ``or 
        paragraph (7) or (8) of section 8(b)''.
    (b) Amendment to the Labor Management Relations Act, 1947.--Section 
303 of the Labor Management Relations Act, 1947 (29 U.S.C. 187) is 
amended--
            (1) in subsection (a), by striking ``in section 8(b)(4)'' 
        and inserting ``under paragraph (4) or (8) of section 8(b)'';
            (2) in subsection (b), by adding at the end the following: 
        ``With respect to any unfair labor practice under section 
        8(b)(8) of the National Labor Relations Act (29 U.S.C. 
        158(b)(8)), the damages recovered shall be in an amount equal 
        to 2 times the amount of damages sustained and the cost of the 
        suit shall include any reasonable attorney fees and expert 
        witness fees.''; and
            (3) by adding at the end the following:
    ``(c) In an action for damages resulting from a violation of 
section 8(b)(8) of the National Labor Relations Act (29 U.S.C. 
158(b)(8)), it shall not be a defense that the injured party has, in 
any manner, waived, or purported to waive, the right of such party to 
pursue monetary damages relating to the labor slowdown at issue--
            ``(1) in connection with a contractual grievance alleging a 
        violation of a clause prohibiting a strike, or a similar 
        clause, in a collective-bargaining agreement; or
            ``(2) in connection with an action for a breach of such a 
        clause under section 301.''.
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