[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3912 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3912

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2022

Mr. Risch (for himself, Mr. Crapo, and Mr. Scott of Florida) 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 and prohibit labor 
   organizations from blocking modernization efforts 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 2022'' or the ``PLUS Act of 2022''.

SEC. 2. DETERRING LABOR SLOWDOWNS AND PROHIBITING LABOR ORGANIZATIONS 
              FROM BLOCKING MODERNIZATION AT PORTS.

    (a) Amendments to the National Labor Relations Act.--
            (1) Findings and policy.--Section 1 of the National Labor 
        Relations Act (29 U.S.C. 151) is amended 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, or impediments to modernization, at the ports of the United 
States have led to substantial supply chain and economic disruptions, 
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) Deterring labor slowdowns at ports.--The National Labor 
        Relations Act is amended--
                    (A) 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.''; and
                    (B) in section 8(b) (29 U.S.C. 158(b))--
                            (i) in paragraph (6), by striking ``and'' 
                        after the semicolon;
                            (ii) in paragraph (7), by striking the 
                        period at the end of the matter following 
                        subparagraph (C) and inserting a semicolon; and
                            (iii) 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''.
            (3) Prohibiting labor organizations from blocking 
        modernization at ports.--Section 8(b) of the National Labor 
        Relations Act (29 U.S.C. 158(b)), as amended by paragraph 
        (2)(B), is further amended by adding at the end the following:
            ``(9) in representing, or seeking to represent, employees 
        engaged in maritime employment, to--
                    ``(A) impede or attempt to impede modernization 
                efforts at a port, which thereby interferes with or 
                otherwise impedes economic activity in relation to the 
                national supply chain; or
                    ``(B) interfere with or otherwise impede the 
                servicing of any automated vessel operating without a 
                crew.''.
            (4) Preventing unfair labor practices.--Section 10(l) of 
        the National Labor Relations Act (29 U.S.C. 160(l)) is amended 
        in the first sentence, by striking ``or section 8(b)(7)'' and 
        inserting ``or paragraph (7), (8), or (9) of section 8(b)''.
    (b) Amendments 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), (8), or (9) of section 
        8(b)'';
            (2) in subsection (b), by adding at the end the following: 
        ``With respect to any unfair labor practice under paragraph (8) 
        or (9) of section 8(b) of the National Labor Relations Act (29 
        U.S.C. 158(b)), 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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