[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 710 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 710

 To prohibit an employer from terminating the coverage of an employee 
 under a group health plan while the employer is engaged in a lock-out 
  or while the employee is engaged in a lawful strike, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2023

   Mr. Brown (for himself, Mr. Casey, Mr. Sanders, Ms. Baldwin, Mr. 
Blumenthal, Mr. Fetterman, Mr. Markey, Mr. Padilla, Ms. Smith, Mr. Van 
  Hollen, Ms. Warren, Mr. Whitehouse, and Mr. Durbin) 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 employer is engaged in a lock-out 
  or 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 and Locked Out Workers 
Healthcare Protection Act''.

SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP HEALTH PLAN DURING A 
              LOCK-OUT OR A LAWFUL STRIKE.

    (a) Lock-Out.--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 
        a semicolon; and
            (2) by adding at the end the following:
            ``(6) to terminate or alter the coverage of an employee 
        under a group health plan during the period that such employer 
        is taking action to lock-out, suspend, or otherwise withhold 
        employment from the employee in order to influence the position 
        of such employee or the representative of such employee in 
        collective bargaining prior to a strike; and''.
    (b) Strike.--Section 8(a) of such Act (29 U.S.C. 158(a)), as so 
amended, is further amended by adding at the end the following:
            ``(7) to terminate or alter the coverage of an employee 
        under a group health plan during the period that such employee 
        is engaged in a lawful strike.''.
    (c) Definition of Group Health Plan.--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)).''.

SEC. 3. 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:

``SEC. 12. PENALTIES.

    ``(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 Lock-Out.--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 $75,000 
for each 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 $150,000, 
in any case where the employer has within the preceding 5 years 
committed another 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) 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)(7) shall be subject to a civil penalty in an amount not to 
exceed $50,000 for each 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 violation of section 8(a)(7). A 
civil penalty under this subsection shall be in addition to any other 
remedy ordered by the Board.
    ``(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) or (c) 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.
    ``(e) Considerations.--In determining the amount of any civil 
penalty under subsection (b), (c), 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 this 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.''.
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