[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1306 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1306

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2019

Mrs. Murray (for herself, Mr. Schumer, Ms. Baldwin, Mr. Blumenthal, Mr. 
Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. 
  Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, 
Mrs. Gillibrand, Ms. Harris, Ms. Hassan, Mr. Heinrich, Ms. Hirono, Ms. 
   Klobuchar, Mr. Leahy, Mr. Markey, Mr. Menendez, Mr. Merkley, Mr. 
Murphy, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, Mrs. 
   Shaheen, Ms. Smith, Ms. Stabenow, Mr. Tester, Mr. Udall, Mr. Van 
   Hollen, Ms. Warren, Mr. Whitehouse, and Mr. Wyden) 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, the Labor Management 
Relations Act, 1947, and the Labor-Management Reporting and Disclosure 
                  Act of 1959, 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 ``Protecting the Right to Organize Act 
of 2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The National Labor Relations Act (29 U.S.C. 151 et 
        seq.) was enacted to encourage the practice of collective 
        bargaining and to protect the exercise by workers of full 
        freedom of association in the workplace. Since its enactment in 
        1935, tens of millions of workers have bargained with their 
        employers over wages, benefits, and other terms and conditions 
        of employment and have raised the standard of living for all 
        workers.
            (2) According to the Bureau of Labor Statistics, union 
        members earn 25.6 percent more than workers who are not covered 
        by a collective bargaining agreement. Workers who are 
        represented by a union are 28 percent more likely to be offered 
        health insurance through work and nearly five times more likely 
        to have defined benefit pensions. The wage differential is 
        significant for women and people of color. African-American 
        union members earn 25 percent more than African-American 
        workers who are not covered by a collective bargaining 
        agreement, and Latino union members earn 42.6 percent more than 
        Latino workers who are not covered by a collective bargaining 
        agreement. Women union members earn 30 percent more than women 
        who are not covered by a collective bargaining agreement, and 
        the wage gap between men and women is much smaller at 
        workplaces covered by a collective bargaining agreement because 
        collective bargaining agreements ensure the same rate is paid 
        to workers for a particular job without regard to gender. The 
        wage and benefit gains achieved through collective bargaining 
        agreements benefit both workers and their communities.
            (3) Unions and collective bargaining ensure that 
        productivity gains are shared by working people. The decline in 
        the percentage of workers covered by collective bargaining has 
        contributed to skyrocketing income inequality and wage 
        stagnation for the average worker.
            (4) The National Labor Relations Act protects the right of 
        workers to join together with their coworkers in concerted 
        activities for their mutual aid or protection. This protection 
        applies broadly to all concerted activities by workers aimed at 
        improving the terms and conditions of their employment or 
        aiding each other in any way, regardless of whether workers are 
        seeking to form a union or engage in collective bargaining with 
        their employer.
            (5) The Act protects the right of workers to discuss issues 
        like pay and benefits without retaliation or interference by 
        employers. However, the awareness of workers regarding their 
        rights under the Act is lacking, due in part to the absence of 
        any legally required notice informing workers of the rights and 
        responsibilities under the Act. Many employers maintain 
        policies that restrict the ability of workers to discuss 
        workplace issues with each other, directly contravening these 
        rights. Research shows that more than one half of workers 
        report that their employers have policies that prohibit or 
        discourage workers from discussing pay with their coworkers. 
        These policies and practices impede workers from exercising 
        their rights under the Act and impair their freedom of 
        association at work.
            (6) Retaliation by employers against workers who exercise 
        their rights under the National Labor Relations Act persists at 
        troubling levels. Employers routinely fire workers for trying 
        to form a union at their workplace. In one out of three 
        organizing campaigns, one or more workers are discharged for 
        supporting or joining a union.
            (7) The current remedies are inadequate to deter employers 
        from violating the National Labor Relations Act. The remedies 
        and penalties for violations of the Act are far weaker than for 
        other labor and employment laws. Unlike other major labor and 
        employment laws, there are no civil penalties for violations of 
        the National Labor Relations Act. Workers cannot go to court to 
        pursue relief on their own and must rely on the National Labor 
        Relations Board to prosecute their case. Should the Board 
        decline to prosecute for any reason, aggrieved workers have no 
        other remedy.
            (8) Unlike orders of other Federal agencies, the orders of 
        the National Labor Relations Board are not enforced until the 
        Board seeks enforcement from a court of appeals. As far back as 
        1969, the Administrative Conference of the United States 
        recognized that the absence of a self-enforcing agency order 
        imposes wasteful delays in the enforcement of the National 
        Labor Relations Act, and recommended that the Board's orders be 
        made self-enforcing like those of other agencies. Congress did 
        not act upon this recommendation, and delays in the Board's 
        enforcement remain a problem undermining the effectiveness of 
        the Act.
            (9) Many workers do not currently enjoy the protections of 
        the National Labor Relations Act because they are excluded from 
        coverage under the Act or interpretations of the Act.
            (10) Too often, workers who choose to form unions are 
        frustrated when their employers use delay and other tactics to 
        avoid reaching an initial collective bargaining agreement. 
        Estimates are that in as many as half of new organizing 
        campaigns, workers and their employers fail to reach an initial 
        collective bargaining agreement.
            (11) While the National Labor Relations Act guarantees 
        workers the right to strike, courts have permitted employers to 
        ``permanently replace'' workers who exercise their right to 
        strike. This is contrary to Congress's intent in enacting the 
        National Labor Relations Act and has led to confusion among 
        workers regarding their right to strike.
            (12) Hearings under section 9 of the National Labor 
        Relations Act (29 U.S.C. 159) exist to assure workers the 
        fullest freedom in exercising the rights guaranteed by the Act. 
        However, some employers have abused the representation process 
        of the National Labor Relations Board to impede workers from 
        freely choosing their own representatives and exercising their 
        rights under the Act.
            (13) So-called ``right-to-work'' laws do not give any 
        worker the right to a job. While Federal law requires unions to 
        fairly represent all members of a given bargaining unit, and 
        thereby expend resources on all unit members, many States' so-
        called ``right-to-work'' laws prohibit unions from charging all 
        members for the representation and services that the unions are 
        legally obliged to render. Section 14(b) of the National Labor 
        Relations Act (29 U.S.C. 164(b)) must be reformed to permit 
        unions and employers to mutually agree that payment of fair 
        share fees shall be a condition of employment following initial 
        hiring.
            (14) Restrictions on so-called ``secondary boycotts'' and 
        ``recognitional picketing'' unduly impede workers' ability to 
        engage in peaceful conduct and expression. Workers must be free 
        to act in solidarity with workers in other workplaces in order 
        to improve labor standards and achieve other lawful ends for 
        mutual aid or protection.
            (15) In order to make the right to collective bargaining 
        and freedom of association in the workplace a reality for 
        workers, the National Labor Relations Act must be strengthened.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to strengthen protections for workers engaged in 
        collective bargaining to improve their wages, hours, and terms 
        and conditions of employment;
            (2) to expand coverage under the National Labor Relations 
        Act (29 U.S.C. 151 et seq.) to more workers;
            (3) to provide a process by which workers and employers can 
        successfully negotiate an initial collective bargaining 
        agreement;
            (4) to provide a stronger deterrent and fairer remedies for 
        workers who face retaliation, discrimination, or other 
        interference with their legal rights to act concertedly, join a 
        union, or engage in collective bargaining;
            (5) to broadly protect workers' right to engage in 
        concerted activities for mutual aid or protection;
            (6) to streamline the enforcement procedures of the 
        National Labor Relations Board to provide for more timely and 
        effective enforcement of the law;
            (7) to safeguard the right to strike by prohibiting 
        ``permanent replacement'' of striking workers;
            (8) to repeal specific prohibitions on collective action 
        and peaceful expression;
            (9) to permit fair share fee arrangements in order to 
        promote workers' freedom of association and encourage the 
        practice of collective bargaining;
            (10) to improve the purchasing power of wage earners in 
        industry;
            (11) to promote the stabilization of fair wage rates and 
        humane working conditions within and between industries; and
            (12) to redress the inequality of bargaining power between 
        workers and employers.

SEC. 4. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.

    (a) Definitions.--
            (1) Joint employer.--Section 2(2) of the National Labor 
        Relations Act (29 U.S.C. 152(2)) is amended by adding at the 
        end the following: ``Two or more persons shall be employers 
        with respect to an employee if each such person codetermines or 
        shares control over the employee's essential terms and 
        conditions of employment. In determining whether such control 
        exists, the Board or a court of competent jurisdiction shall 
        consider as relevant direct control and indirect control over 
        such terms and conditions, reserved authority to control such 
        terms and conditions, and control over such terms and 
        conditions exercised by a person in fact: Provided, That 
        nothing herein precludes a finding that indirect or reserved 
        control standing alone can be sufficient given specific facts 
        and circumstances.''.
            (2) Employee.--Section 2(3) of the National Labor Relations 
        Act (29 U.S.C. 152(3)) is amended by adding at the end the 
        following: ``An individual performing any service shall be 
        considered an employee (except as provided in the previous 
        sentence) and not an independent contractor, unless--
                    ``(A) the individual is free from control and 
                direction 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, 
                profession, or business of the same nature as that 
                involved in the service performed.''.
            (3) Supervisor.--Section 2(11) of the National Labor 
        Relations Act (29 U.S.C. 152(11)) is amended--
                    (A) by inserting ``and for a majority of the 
                individual's worktime'' after ``interest of the 
                employer'';
                    (B) by striking ``assign,''; and
                    (C) by striking ``or responsibly to direct them,''.
    (b) Appointment.--Section 4(a) of the National Labor Relations Act 
(29 U.S.C. 154(a)) is amended by striking ``, or for economic 
analysis''.
    (c) Unfair Labor Practices.--Section 8 of the National Labor 
Relations Act (29 U.S.C. 158) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking the period and 
                inserting ``; and''; and
                    (B) by adding at the end the following:
            ``(6) to promise, threaten, or take any action--
                    ``(A) to permanently replace an employee who 
                participates in a strike as defined by section 501(2) 
                of the Labor Management Relations Act, 1947 (29 U.S.C. 
                142(2)); or
                    ``(B) to discriminate against an employee who is 
                working or has unconditionally offered to return to 
                work for the employer because the employee supported or 
                participated in such a strike.'';
            (2) in subsection (b)--
                    (A) by striking paragraphs (4) and (7);
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively;
                    (C) in paragraph (4), as so redesignated, by 
                striking ``affected;'' and inserting ``affected; and''; 
                and
                    (D) in paragraph (5), as so redesignated, by 
                striking ``; and'' and inserting a period;
            (3) in subsection (c), by striking the period at the end 
        and inserting the following: ``: Provided, That it shall be an 
        unfair labor practice under subsection (a)(1) for any employer 
        to require or coerce an employee to attend or participate in 
        such employer's campaign activities unrelated to the employee's 
        job duties, including activities that are subject to the 
        requirements under section 203(b) of the Labor-Management 
        Reporting and Disclosure Act of 1959 (29 U.S.C. 433(b)).'';
            (4) in subsection (d)--
                    (A) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively;
                    (B) by striking ``For the purposes of this 
                section'' and inserting ``(1) For purposes of this 
                section'';
                    (C) by striking ``The duties imposed'' and 
                inserting ``(2) The duties imposed'';
                    (D) by striking ``by paragraphs (2), (3), and (4)'' 
                and inserting ``by subparagraphs (B), (C), and (D) of 
                paragraph (1)'';
                    (E) by striking ``section 8(d)(1)'' and inserting 
                ``paragraph (1)(A)'';
                    (F) by striking ``section 8(d)(3)'' and inserting 
                ``paragraph (1)(C)'' in each place it appears;
                    (G) by striking ``section 8(d)(4)'' and inserting 
                ``paragraph (1)(D)''; and
                    (H) by adding at the end the following:
            ``(3) Whenever collective bargaining is for the purpose of 
        establishing an initial collective bargaining agreement 
        following certification or recognition of a labor organization, 
        the following shall apply:
                    ``(A) Not later than 10 days after receiving a 
                written request for collective bargaining from an 
                individual or labor organization that has been newly 
                recognized 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 commence 
                to bargain collectively and shall make every reasonable 
                effort to conclude and sign a collective bargaining 
                agreement.
                    ``(B) If after the expiration of the 90-day period 
                beginning on the date on which bargaining is commenced, 
                or such additional period as the parties may agree 
                upon, the parties have failed to reach an agreement, 
                either party may notify the Federal Mediation 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 promptly to put 
                itself in communication with the parties and to use its 
                best efforts, by mediation and conciliation, to bring 
                them to agreement.
                    ``(C) If after the expiration of the 30-day period 
                beginning on the date on which the request for 
                mediation is made under subparagraph (B), or such 
                additional period as the parties may agree upon, the 
                Service is not able to bring the parties to agreement 
                by conciliation, the Service shall refer the dispute to 
                a tripartite arbitration panel established in 
                accordance with such regulations as may be prescribed 
                by the Service, with one member selected by the labor 
                organization, one member selected by the employer, and 
                one neutral member mutually agreed to by the parties. A 
                majority of the tripartite arbitration panel shall 
                render a decision settling the dispute and such 
                decision shall be binding upon the parties for a period 
                of two years, unless amended during such period by 
                written consent of the parties. Such decision shall be 
                based on--
                            ``(i) the employer's financial status and 
                        prospects;
                            ``(ii) the size and type of the employer's 
                        operations and business;
                            ``(iii) the employees' cost of living;
                            ``(iv) the employees' ability to sustain 
                        themselves, their families, and their 
                        dependents on the wages and benefits they earn 
                        from the employer; and
                            ``(v) the wages and benefits other 
                        employers in the same business provide their 
                        employees.'';
            (5) by amending subsection (e) to read as follows:
    ``(e) Notwithstanding chapter 1 of title 9, United States Code 
(commonly known as the `Federal Arbitration Act'), or any other 
provision of law, it shall be an unfair labor practice under subsection 
(a)(1) for any employer--
            ``(1) to enter into or attempt to enforce any agreement, 
        express or implied, whereby prior to a dispute to which the 
        agreement applies, an employee undertakes or promises not to 
        pursue, bring, join, litigate, or support any kind of joint, 
        class, or collective claim arising from or relating to the 
        employment of such employee in any forum that, but for such 
        agreement, is of competent jurisdiction;
            ``(2) to coerce an employee into undertaking or promising 
        not to pursue, bring, join, litigate, or support any kind of 
        joint, class, or collective claim arising from or relating to 
        the employment of such employee; or
            ``(3) to retaliate or threaten to retaliate against an 
        employee for refusing to undertake or promise not to pursue, 
        bring, join, litigate, or support any kind of joint, class, or 
        collective claim arising from or relating to the employment of 
        such employee:
 Provided, That any agreement that violates this subsection or results 
from a violation of this subsection shall be to such extent 
unenforceable and void: Provided further, That this subsection shall 
not apply to any agreement embodied in or expressly permitted by a 
contract between an employer and a labor organization.'';
            (6) in subsection (g), by striking ``clause (B) of the last 
        sentence of section 8(d) of this Act'' and inserting 
        ``subsection (d)(2)(B)''; and
            (7) by adding at the end the following:
    ``(h)(1) The Board shall promulgate regulations requiring each 
employer to post and maintain, in conspicuous places where notices to 
employees and applicants for employment are customarily posted both 
physically and electronically, a notice setting forth the rights and 
protections afforded employees under this Act. The Board shall make 
available to the public the form and text of such notice. The Board 
shall promulgate regulations requiring employers to notify each new 
employee of the information contained in the notice described in the 
preceding two sentences.
    ``(2) Whenever the Board directs an election under section 9(c) or 
approves an election agreement, the employer of employees in the 
bargaining unit shall, not later than two business days after the Board 
directs such election or approves such election agreement, provide a 
voter list to a labor organization that has petitioned to represent 
such employees. Such voter list shall include the names of all 
employees in the bargaining unit and such employees' home addresses, 
work locations, shifts, job classifications, and, if available to the 
employer, personal landline and mobile telephone numbers, and work and 
personal email addresses. Not later than nine months after the date of 
enactment of the Protecting the Right to Organize Act of 2019, the 
Board shall promulgate regulations implementing the requirements of 
this paragraph.''.
    (d) Representatives and Elections.--Section 9 of the National Labor 
Relations Act (29 U.S.C. 159) is amended--
            (1) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Whenever a petition shall have been filed, in 
        accordance with such regulations as may be prescribed by the 
        Board, by an employee or group of employees or any individual 
        or labor organization acting in their behalf alleging that a 
        substantial number of employees (i) wish to be represented for 
        collective bargaining and that their employer declines to 
        recognize their representative as the representative defined in 
        section 9(a), or (ii) assert that the individual or labor 
        organization, which has been certified or is being recognized 
        by their employer as the bargaining representative, is no 
        longer a representative as defined in section 9(a), the Board 
        shall investigate such petition and if it has reasonable cause 
        to believe that a question of representation affecting commerce 
        exists shall provide for an appropriate hearing upon due 
        notice. Such hearing may be conducted by an officer or employee 
        of the regional office, who shall not make any recommendations 
        with respect thereto. If the Board finds upon the record of 
        such hearing that such a question of representation exists, it 
        shall direct an election by secret ballot and shall certify the 
        results thereof. No employer shall have standing as a party or 
        to intervene in any representation proceeding under this 
        section.'';
                    (B) in paragraph (3), by striking ``an economic 
                strike who are not entitled to reinstatement'' and 
                inserting ``a strike'';
                    (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (6) and (7), respectively;
                    (D) by inserting after paragraph (3) the following:
            ``(4) If the Board finds that, in an election under 
        paragraph (1), a majority of the valid votes cast in a unit 
        appropriate for purposes of collective bargaining have been 
        cast in favor of representation by the labor organization, the 
        Board shall certify the labor organization as the 
        representative of the employees in such unit and shall issue an 
        order requiring the employer of such employees to collectively 
        bargain with the labor organization in accordance with section 
        8(d). This order shall be deemed an order under section 10(c) 
        of this Act, without need for a determination of an unfair 
        labor practice.
            ``(5)(A) If the Board finds that, in an election under 
        paragraph (1), a majority of the valid votes cast in a unit 
        appropriate for purposes of collective bargaining have not been 
        cast in favor of representation by the labor organization, the 
        Board shall dismiss the petition, subject to subparagraphs (B) 
        and (C).
            ``(B) In any case in which a majority of the valid votes 
        cast in a unit appropriate for purposes of collective 
        bargaining have not been cast in favor of representation by the 
        labor organization and the Board determines that the election 
        should be set aside because the employer has committed a 
        violation of this Act or otherwise interfered with a fair 
        election, and the employer has not demonstrated that the 
        violation or other interference is unlikely to have affected 
        the outcome of the election, the Board shall, without ordering 
        a new election, certify the labor organization as the 
        representative of the employees in such unit and issue an order 
        requiring the employer to bargain with the labor organization 
        in accordance with section 8(d) if, at any time during the 
        period beginning one year preceding the date of the 
        commencement of the election and ending on the date upon which 
        the Board makes the determination of a violation or other 
        interference, a majority of the employees in the bargaining 
        unit have signed authorizations designating the labor 
        organization as their collective bargaining representative.
            ``(C) In any case where the Board determines that an 
        election under this paragraph should be set aside, the Board 
        shall direct a new election with appropriate additional 
        safeguards necessary to ensure a fair election process, except 
        in cases where the Board issues a bargaining order under 
        subparagraph (B).''; and
                    (E) by inserting after paragraph (7), as so 
                redesignated, the following:
            ``(8) Except under extraordinary circumstances--
                    ``(A) a pre-election hearing under this subsection 
                shall begin not later than eight days after a notice of 
                such hearing is served on the labor organization; and
                    ``(B) a post-election hearing under this subsection 
                shall begin not later than 14 days after the filing of 
                objections, if any.''; and
            (2) in subsection (d), by striking ``(e) or'' and inserting 
        ``(d) or''.
    (e) Prevention of Unfair Labor Practices.--Section 10(c) of the 
National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking 
``suffered by him'' and inserting ``suffered by such employee: Provided 
further, That if the Board finds that an employer has discriminated 
against an employee in violation of paragraph (3) or (4) of section 
8(a) or has committed a violation of section 8(a) that results in the 
discharge of an employee or other serious economic harm to an employee, 
the Board shall award the employee back pay without any reduction 
(including any reduction based on the employee's interim earnings or 
failure to earn interim earnings), front pay (when appropriate), 
consequential damages, and an additional amount as liquidated damages 
equal to two times the amount of damages awarded: Provided further, no 
relief under this subsection shall be denied on the basis that the 
employee is, or was during the time of relevant employment or during 
the back pay period, an unauthorized alien as defined in section 
274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3)) or any other provision of Federal law relating to the 
unlawful employment of aliens''.
    (f) Enforcing Compliance With Orders of the Board.--
            (1) In general.--Section 10 of the National Labor Relations 
        Act (29 U.S.C. 160) is further amended--
                    (A) by striking subsection (e);
                    (B) by redesignating subsection (d) as subsection 
                (e);
                    (C) by inserting after subsection (c) the 
                following:
    ``(d)(1) Each order of the Board shall take effect upon issuance of 
such order, unless otherwise directed by the Board, and shall remain in 
effect unless modified by the Board or unless a court of competent 
jurisdiction issues a superseding order.
    ``(2) 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 violation, 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. No action by the Board under this 
paragraph may be made until 30 days following the issuance of an order. 
Each separate violation of such an order shall be a separate offense, 
except that, in the case of a violation in which a person fails to obey 
or neglects to obey a final order of the Board, each day such failure 
or neglect continues shall be deemed a separate offense.
    ``(3) If, after having provided a person or entity with notice and 
an opportunity to be heard regarding a civil action under subparagraph 
(2) for the enforcement of an order, the court determines that the 
order was regularly made and duly served, and that the person or entity 
is in disobedience of the same, the court shall enforce obedience to 
such order by an injunction or other proper process, mandatory or 
otherwise, to--
            ``(A) restrain such person or entity or the officers, 
        agents, or representatives of such person or entity, from 
        further disobedience to such order; or
            ``(B) enjoin such person or entity, officers, agents, or 
        representatives to 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 section,'' 
                        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 following:
            ``(2) No objection that has not been urged before the 
        Board, its member, agent, or agency shall be considered by a 
        court, unless the failure or neglect 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 evidence 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 adduce 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 supported by substantial evidence on 
        the record considered as a whole shall be conclusive, and shall 
        file its recommendations, if any, for the modification or 
        setting aside of its original order. Upon the filing of the 
        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 application 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.''; and
                    (E) in subsection (g), by striking ``subsection (e) 
                or (f) of this section'' and inserting ``subsection (d) 
                or (f)''.
            (2) Conforming amendment.--Section 18 of the National Labor 
        Relations Act (29 U.S.C. 168) is amended by striking ``section 
        10 (e) or (f)'' and inserting ``subsection (d) or (f) of 
        section 10''.
    (g) Injunctions Against Unfair Labor Practices Involving Discharge 
or Other Serious Economic Harm.--Section 10 of the National Labor 
Relations Act (29 U.S.C. 160) is amended--
            (1) in subsection (j)--
                    (A) by striking ``The Board'' and inserting ``(1) 
                The Board''; and
                    (B) by adding at the end the following:
            ``(2) Notwithstanding subsection (m), whenever it is 
        charged that an employer has engaged in an unfair labor 
        practice within the meaning of paragraph (1) or (3) of section 
        8(a) that significantly interferes with, restrains, or coerces 
        employees in the exercise of the rights guaranteed under 
        section 7, or involves discharge or other serious economic harm 
        to an employee, the preliminary investigation of such charge 
        shall be made forthwith and given priority over all other cases 
        except cases of like character in the office where it is filed 
        or to which it is referred. If, after such investigation, the 
        officer or regional attorney to whom the matter may be referred 
        has reasonable cause to believe such charge is true and that a 
        complaint should issue, such officer or attorney shall bring a 
        petition for appropriate temporary relief or restraining order 
        as set forth in paragraph (1). The district court shall grant 
        the relief requested unless the court concludes that there is 
        no reasonable likelihood that the Board will succeed on the 
        merits of the Board's claim.''; and
            (2) by repealing subsections (k) and (l).
    (h) Penalties.--
            (1) In general.--Section 12 of the National Labor Relations 
        Act (29 U.S.C. 162) is amended--
                    (A) by striking ``Sec. 12. Any person'' and 
                inserting the following:

``SEC. 12. PENALTIES.

    ``(a) Violations for Interference With Board.--Any person''; and
                    (B) by adding at the end the following:
    ``(b) Violations for Posting Requirements and Voter List.--If the 
Board, or any agent or agency designated by the Board for such 
purposes, determines that an employer has violated section 8(h) or 
regulations issued thereunder, the Board shall--
            ``(1) state the findings of fact supporting such 
        determination;
            ``(2) issue and cause to be served on such employer an 
        order requiring that such employer comply with section 8(h) or 
        regulations issued thereunder; and
            ``(3) impose a civil penalty in an amount determined 
        appropriate by the Board, except that in no case shall the 
        amount of such penalty exceed $500 for each such violation.
    ``(c) Violations Causing Serious Economic Harm to Employees.--
            ``(1) In general.--Any employer who commits an unfair labor 
        practice within the meaning of paragraph (3) or (4) of section 
        8(a), or a violation of section 8(a) that results in the 
        discharge of an employee or other serious economic harm to an 
        employee, shall, in addition to any remedy ordered by the 
        Board, be subject to a civil penalty in an amount not to exceed 
        $50,000 for each violation, except that 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 five years committed another such violation.
            ``(2) Considerations.--In determining the amount of any 
        civil penalty under this subsection, the Board shall consider--
                    ``(A) the gravity of the unfair labor practice;
                    ``(B) the impact of the unfair labor practice 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.
            ``(3) 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 
        subsection may also be assessed against any director or officer 
        of the employer who directed or committed the violation, had 
        established a policy that led to such a violation, or had 
        actual or constructive knowledge of and the authority to 
        prevent the violation and failed to prevent the violation.
    ``(d) Right to Civil Action.--
            ``(1) In general.--Any person who is injured by reason of a 
        violation of paragraph (1) or (3) of section 8(a) may, after 60 
        days following the filing of a charge with the Board alleging 
        an unfair labor practice, bring a civil action in the 
        appropriate district court of the United States against the 
        employer within 90 days after the expiration of the 60-day 
        period or the date the Board notifies the person that no 
        complaint shall issue, whichever occurs earlier, provided that 
        the Board has not filed a petition under section 10(j) of this 
        Act prior to the expiration of the 60-day period. No relief 
        under this subsection shall be denied on the basis that the 
        employee is, or was during the time of relevant employment or 
        during the back pay period, an unauthorized alien as defined in 
        section 274A(h)(3) of the Immigration and Nationality Act (8 
        U.S.C. 1324a(h)(3)) or any other provision of Federal law 
        relating to the unlawful employment of aliens.
            ``(2) Available relief.--Relief granted in an action under 
        paragraph (1) may include--
                    ``(A) back pay without any reduction, including any 
                reduction based on the employee's interim earnings or 
                failure to earn interim earnings;
                    ``(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 subparagraphs (A) through (C);
                    ``(E) in appropriate cases, punitive damages 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 prevailing party a 
        reasonable attorney's fee (including expert fees) and other 
        reasonable costs associated with maintaining the action.
            ``(4) Punitive damages.--In awarding punitive damages under 
        paragraph (2)(E), the court shall consider--
                    ``(A) the gravity of the unfair labor practice;
                    ``(B) the impact of the unfair labor practice 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.''.
            (2) Conforming amendments.--Section 10(b) of the National 
        Labor Relations Act (29 U.S.C. 160(b)) is amended--
                    (A) by striking ``six months'' and inserting ``180 
                days''; and
                    (B) by striking ``the six-month period'' and 
                inserting ``the 180-day period''.
    (i) Limitations.--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 duration, scope, 
frequency, or intermittence of any strike or strikes shall not render 
such strike or strikes unprotected or prohibited.''.
    (j) 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 
collective bargaining agreements providing that all employees in a 
bargaining unit shall contribute fees to a labor organization for the 
cost of representation, collective bargaining, contract enforcement, 
and related expenditures as a condition of employment shall be valid 
and enforceable notwithstanding any State or Territorial law.''.

SEC. 5. AMENDMENTS TO THE LABOR MANAGEMENT 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 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. 6. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT 
              OF 1959.

    Section 203(c) of the Labor-Management 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 employer representatives to conduct meetings; coordinate 
or direct activities of supervisors or employer representatives; 
establish or facilitate employee committees; identify employees 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 employees.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act, including any 
amendments made by this Act.
                                 <all>