,,ii #aadth ,,congress #ast ,session ,s4 #bjdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #af1 #bjae ,mrs4 ,murray 7for herself1 ,ms4 ,mikulski1 ,mr4 ,franken1 ,mr4 ,whitehouse1 ,ms4 ,warren1 ,mr4 ,blumenthal1 and ,mr4 ,reed7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,national ,labor ,relations ,act to strengthen protections for employees wishing to advocate for improved wages1 hours1 or other terms or conditions of employment and to provide for stronger remedies for interference with these rights1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,workplace ,action for a ,growing ,economy ,act or the ,,wage ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 was enacted to encourage the practice of collective bargaining and to protect the exercise by workers of full freedom of association in the workplace4 ,since its enactment in #aice1 tens of millions of workers have bargained with their employers over wages1 benefits1 and other terms and conditions of employment and have raised the standard of living for all workers4 7#b7 ,through acting collectively and bargaining with their employers1 workers who are unionized earn #ba4c percent more than workers who are not covered by a collective bargaining agreement4 ,they are #bh4d percent more likely to be covered by employer-provided health insurance and #cj4i percent more likely to have employer-provided pensions4 ,the wage differential is even more pronounced for women and people of color4 ,unionized ,african-,american workers earn #bd4f percent more than ,african-,american workers who are not unionized1 and unionized ,latino workers earn #bi4c percent more than their peers who are not unionized4 ,unionized women earn #bd percent more than women who are not unionized1 and the wage gap between men and women is much smaller at unionized workplaces4 ,the wage gains achieved through collective bargaining benefit workers and their communities4 7#c7 ,unions and collective bargaining ensure that productivity gains are shared by working people4 ,the decline in the percentage of workers covered by collective bargaining has contributed significantly to skyrocketing income inequality and flat wages4 7#d7 ,as enacted in #aice1 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 protects the right of all workers to join together with their co-workers to advocate for improvements in their pay1 benefits1 and working conditions1 regardless of whether they seek representation by a union4 ,the law protects the right of workers to discuss issues like pay and benefits without retaliation or interference by employers4 ,however1 the awareness of workers regarding their rights under the law is lacking1 and many employers maintain policies that restrict the ability of workers to discuss workplace issues with each other1 directly contravening these rights4 ,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 co-workers4 ,these policies and practices impede workers from exercising their rights under the law and impair their freedom of association at work4 7#e7 ,retaliation by employers against workers who exercise their rights under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 persists at troubling levels4 ,employers routinely fire workers for trying to form a union at their workplace4 ,in one out of #c organizing campaigns1 one or more workers are discharged for supporting joining a union4 ,in fiscal year #bjad1 the ,national ,labor ,relations ,board obtained reinstatement orders for #c1bdj workers and obtained backpay awards totaling #dc1hjj1jjj for workers who faced illegal retaliation for exercising their rights4 ,discrimination for organizing hurts all workers1 but minorities in particular1 as minorities are more likely than ,whites to seek to organize and receive a larger wage premium from collective bargaining4 7#f7 ,the current remedies are inadequate to deter employers from violating the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 ,the remedies and penalties for violations of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 are far weaker than for other labor and employment laws1 including the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq474 ,unlike other major labor and employment laws1 there are no civil penalties for violations of the law4 ,workers cannot go to court to pursue relief on their own2 they must rely on the ,national ,labor ,relations ,board to prosecute their case4 7#g7 ,in order to make the right to collective bargaining and freedom of association in the workplace a reality for workers1 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 must be strengthened4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to strengthen protections for employees engaged in collective action to improve their wages1 hours1 and terms and conditions of employment2 7#b7 to provide for stronger remedies for employees who face retaliation1 discrimination1 or other interference with the legal right of the employees to engage in collective action2 7#c7 to provide for penalties against employers who violate the rights of employees to engage in collective action1 in order to act as a meaningful deterrent against violating the law2 and 7#d7 to streamline the enforcement procedures of the ,national ,labor ,relations ,board to provide for more timely and effective enforcement of the law4 #d4 ,strengthening remedies and enforcement for employees exercising their rights at work 7a7 ,backpay ,section #aj7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;c77 is amended by striking ,and provided further1 and inserting 8,provided further1 ,that if the ,board finds that an employer has discriminated against an employee in violation of paragraph 7#c7 or 7#d7 of section #h7;a7 or has committed a violation of section #h7;a7 that results in the discharge of an employee or other serious economic loss to an employee1 the ,board shall award the employee back pay and an additional amount as liquidated damages equal to #b times the amount of such back pay1 without any reduction 7including any reduction based on the employee's interim earnings or failure to earn interim earnings73 ,provided further1''4 7b7 ,civil penalties ,section #ab of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afb7 is amended-- 7#a7 by striking ,sec4 #ab4 ,any person and inserting the following3 #ab4 ,civil penalties 7a7 ,violations for interference with ,board ,any person 2 and 7#b7 by adding at the end the following3 7b7 ,violations of posting requirements ,if the ,board1 or any agent or agency designated by the ,board for such purposes1 determines that an employer has willfully violated section #h7;h71 the ,board shall-- 7#a7 state the findings of fact supporting such determination2 7#b7 issue and cause to be served on such employer an order requiring that such employer post the notice described in such section and provide the information to new employees described in such section2 and 7#c7 impose a civil penalty in an amount determined appropriate by the ,board1 except that in no case shall the amount of the fine exceed #ejj for each such violation4 7c7 ,violations causing serious economic loss to employees 7#a7 ,in general ,any employer who commits an unfair labor practice within the meaning of paragraph 7#c7 or 7#d7 of section #h7;a7 or a violation of section #h7;a7 that results in the discharge of an employee or other serious economic loss to an employee shall1 in addition to any remedy ordered by the ,board1 be subject to a civil penalty4 ,such penalty shall be in an amount not to exceed #ej1jjj for each violation1 except that the ,board shall double the amount of such penalty1 to an amount not to exceed #ajj1jjj1 in any case where the employer has within the preceding #e years committed another such violation4 7#b7 ,considerations ,in determining the amount of any civil penalty under this subsection1 the ,board shall consider-- 7,a7 the gravity of the unfair labor practice2 7,b7 the impact of the unfair labor practice on the charging party1 on other persons seeking to exercise rights guaranteed by this ,act1 and on the public interest2 and 7,c7 the size of the employer4 7#c7 ,personal liability ,if the ,board determines1 based on the particular facts and circumstances presented1 that personal liability is warranted1 a civil penalty for a violation described in this subsection may also be assessed against any officer or director of the employer who committed the violation or had the authority to prevent the violation4 7d7 ,joint and several liability ,an employer shall be jointly and severally liable under this ,act for any violations of this ,act involving one or more employees supplied by another employer to perform labor within the employer's usual course of business1 except for purposes of subsection 7e74 4 7c7 ,injunctions against unfair labor practices involving discharge or other serious economic loss 7#a7 ,in general ,section #aj7l7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7l77 is amended-- 7,a7 by inserting after charged that the following3 an employer has engaged in an unfair labor practice within the meaning of section #h7;a7 that significantly interferes with1 restrains1 or coerces employees in the exercise of the rights guaranteed under section #g and involves discharge or other serious economic harm to an employee or2 and 7,b7 by striking as it deems just and proper1 notwithstanding any other provision of law3 and inserting the following3 to protect the rights guaranteed by section #g1 notwithstanding any other provision of law4 ,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 claim34 7#b7 ,conforming amendment ,section #aj7m7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7m77 is amended by inserting under circumstances not subject to subsection 7l7 after section #h4 7d7 ,private enforcement ,section #ab of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afb71 as amended by subsection 7b71 is further amended by adding at the end the following3 7e7 ,right to civil action 7#a7 ,in general ,any person who is injured by reason of any violation of paragraph 7#a7 or 7#c7 of section #h7;a7 may1 in addition to or in lieu of filing a charge alleging such unfair labor practice with the ,board in accordance with this ,act1 bring a civil action in the appropriate district court of the ,united ,states against the employer within #ahj days of the violation4 7#b7 ,available relief ,relief granted in an action under paragraph 7#a7 may include any relief authorized by section #gjf7;g7 of the ,civil ,rights ,act of #aife 7#db ,u4,s4,c4 #bjjj;e-#e7;g77 or by section #aigg;,a7b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7b774 7#c7 ,attorney's fee ,in any action or proceeding under this subsection1 the court may allow the prevailing party a reasonable attorney's fee 7including expert fees7 as part of the costs4 4 7e7 ,ensuring fair remedies for all workers ,section #aj7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;c77 is amended by striking suffered by him3 and inserting suffered by such employee3 ,provided further1 ,that back pay shall not be denied on the basis that the employee is1 or was during the time of relevant employment or during the back pay period1 an unauthorized alien as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c77 or any other provision of ,federal law relating to the unlawful employment of aliens34 7f7 ,remedying election interference ,section #i7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c77 is amended-- 7#a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#f7 and 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,bargaining order based on majority of votes ,if the ,board finds that1 in an election under paragraph 7#a71 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 organization1 the ,board shall issue an order requiring the employer to collectively bargain with the labor organization in accordance with section #h7;d74 7#e7 ,dismissal2 bargaining orders in other situations 7,a7 ,dismissal ,if the ,board finds that1 in an election under paragraph 7#a71 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 organization1 the ,board shall dismiss the petition1 subject to subparagraphs 7,b7 and 7,c74 7,b7 ,special rules for employer violations or interference ,in any case where 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 ,act1 or otherwise interfered with a fair election1 and has not demonstrated that the violation or other interference is unlikely to have affected the outcome of the election1 the ,board shall1 without ordering a new or rerun election1 issue an order requiring the employer to bargain with the labor organization in accordance with section #h7;d7 if1 at any time during the period beginning #a 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 under subparagraph 7,a71 a majority of the employees in the bargaining unit have signed authorizations designating the labor organization as their collective bargaining representative4 7,c7 ,other election interference ,in any case where the ,board determines that an election under this paragraph should be set aside1 the ,board shall direct a rerun election with appropriate additional safeguards necessary to ensure a fair election process1 except in cases where the ,board issues a bargaining order under subparagraph 7,b74 4 #e4 ,modernization 7a7 ,prevention of unfair labor practices ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended by adding at the end the following3 7h7 ,postings of notice 7#a7 ,in general ,the ,board shall promulgate regulations requiring each employer to post and maintain1 in conspicuous places where notices to employees and applicants for employment are customarily posted both physically and electronically1 a notice setting forth the rights and protections afforded employees under this ,act4 ,the ,board shall provide to employers the form and text of such notice4 7#b7 ,notification of new employees ,the ,board shall promulgate regulations requiring employers to notify each new employee of the information contained in the notice described in paragraph 7#a74 4 7b7 ,enforcing compliance with orders of the ,board 7#a7 ,in general ,section #aj of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7 is amended-- 7,a7 by striking subsection 7e72 7,b7 by redesignating subsection 7d7 as subsection 7e72 and 7,c7 by inserting after subsection 7c7 the following3 7d7 ,enforcing compliance with orders of the ,board 7#a7 ,in general ,each order of the ,board shall take effect #cj days from the date upon which notice of the order is given1 unless otherwise directed by the ,board4 ,each such orders shall continue in force indefinitely or for the period of time specified in the order1 or until the ,board or a court of competent jurisdiction issues a superseding order4 7#b7 ,application of the ,board ,if any person or entity fails or neglects to obey any order of the ,board while such order is in effect1 the ,board shall apply to the district court of the ,united ,states in which the unfair labor practice or other subject of the order occurred1 or in which such person or entity resides or transacts business1 for the enforcement of such order4 ,the ,board shall file in the court the record in the proceedings1 as provided in section #baab of title #bh1 ,united ,states ,code4 ,any person that was a party to the underlying ,board proceeding may join in the proceeding initiated by the ,board4 7#c7 ,procedure ,if1 after having provided a person or entity with notice and an opportunity to be heard regarding a request under paragraph 7#b7 for the enforcement of an order1 the court determines that the order was regularly made and duly served1 and that the person or entity is in disobedience of the same1 the court shall enforce obedience to such order by a writ of injunction or other proper process1 mandatory or otherwise1 to-- 7,a7 restrain such person or entity or the officers1 agents1 or representatives of such person or entity1 from further disobedience of such order2 or 7,b7 enjoin upon such person or entity1 officers1 agents1 or representatives obedience to the same4 7#d7 ,violations of orders by the ,board ,any person or entity who willfully and knowingly violates any rule1 regulation1 restriction1 condition1 or order made or imposed by the ,board under authority of this ,act shall1 in addition to any other penalties provided by law1 be subject to a civil penalty of not to exceed #aj1jjj for each and every day during which such violation occurs1 commencing with the effective date of any such rule1 regulation1 restriction1 condition1 or order4 ,such civil penalty may be imposed by the ,board or by a court in a proceeding initiated by the ,board under this subsection4 4 7#b7 ,conforming amendments ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 is amended-- 7,a7 in section #i7;d71 by striking section #aj7;e7 or #aj7;f7 and inserting subsection 7d7 or 7f7 of section #aj2 and 7,b7 in section #aj-- 7i7 in subsection 7f71 by striking subsection 7e7 of this section and inserting subsection 7d72 and 7ii7 in subsection 7g71 by striking subsection 7e7 or 7f7 of this section and inserting subsection 7d7 or 7f74