[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3747 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3747

 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 SENATE OF THE UNITED STATES

                             March 3, 2022

  Mr. Brown (for himself, Mr. Casey, Mr. Blumenthal, Mr. Booker, Ms. 
  Smith, Mr. Van Hollen, Mr. Whitehouse, Mr. Wyden, and Mr. Padilla) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 at the end the following:
    ``(b) Civil Penalties for Unfair Labor Practices Related to 
Coverage Under a Group Health Plan During a Lawful Strike.--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 
such an unfair labor practice that coincides with the discharge of an 
employee or that results in 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 subsection (b) or (d), 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 subsection (b) 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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