,,ii #aaeth ,,congress #ast ,session ,s4 #badc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #af1 #bjag ,mrs4 ,murray 7for herself1 ,mr4 ,brown1 ,mr4 ,murphy1 ,mr4 ,casey1 ,mr4 ,blumenthal1 ,mr4 ,udall1 ,mr4 ,sanders1 ,mr4 ,carper1 ,mr4 ,reed1 ,mr4 ,coons1 ,mrs4 ,gillibrand1 ,mr4 ,booker1 ,mr4 ,van ,hollen1 ,ms4 ,harris1 ,mr4 ,heinrich1 ,ms4 ,hirono1 and ,mr4 ,markey7 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 employment1 to expand coverage under such ,act1 to provide a process for achieving initial collective bargaining agreements1 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 covered by a collective bargaining agreement earn #be4b percent more than workers who are not covered by a collective bargaining agreement4 ,they are #dj4h percent more likely to be offered health insurance through work and nearly #e times more likely to have employer-provided defined benefit pensions4 ,the wage differential is significant for women and people of color4 ,african-,american workers covered by a collective bargaining agreement earn #be4a percent more than ,african-,american workers who are not covered by a collective bargaining agreement1 and ,latino workers covered by a collective bargaining agreement earn #de4g percent more than their peers who are not covered by a collective bargaining agreement4 ,women covered by a collective bargaining agreement earn #cb4a percent more than women who are not covered by a collective bargaining agreement1 and the wage gap between men and women is much smaller at workplaces covered by a collective bargaining agreement4 ,the wage gains achieved through collective bargaining agreements benefit workers and their communities4 7#c7 ,labor organizations 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 protects the right of all workers to join together with their coworkers to advocate for improvements in their pay1 benefits1 and working conditions1 regardless of whether they seek representation by a labor organization4 ,such ,act 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 such ,act 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 coworkers4 ,these policies and practices impede workers from exercising their rights under such ,act 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 persists at troubling levels4 ,employers routinely fire workers for trying to form a labor organization at their workplace4 ,in one out of #c organizing campaigns1 one or more workers are discharged for supporting or joining a labor organization4 ,in fiscal year #bjad1 the ,national ,labor ,relations ,board obtained reinstatement orders for #c1bdj workers and obtained back pay awards totaling #dc1hjj1jjj for workers who faced illegal retaliation for exercising their rights4 7#f7 ,the current remedies are inadequate to deter employers from violating the ,national ,labor ,relations ,act4 ,the remedies and penalties for violations of such ,act 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 ,national ,labor ,relations ,act4 ,workers cannot go to court to pursue relief on their own and must rely on the ,national ,labor ,relations ,board to prosecute their case4 7#g7 ,unlike orders of other ,federal agencies1 the orders of the ,national ,labor ,relations ,board are not enforced until the ,board seeks enforcement from the ,court of ,appeals4 ,as far back as #aifi1 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 ,act1 and recommended that the ,board's orders be made self-enforcing like those of other agencies4 ,congress did not act upon this recommendation1 and delays in the ,board's enforcement remain a problem for such ,act to be an effective law4 7#h7 ,many workers do not currently enjoy the protections of the ,national ,labor ,relations ,act because they are excluded from coverage under such ,act or interpretations of such ,act4 7#i7 ,too often1 workers who choose to form labor organizations are frustrated when their employers use delay and other tactics to avoid reaching an initial collective bargaining agreement4 ,estimates are that in as many as half of new organizing campaigns1 workers and their employers fail to reach an initial collective bargaining agreement4 7#aj7 ,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 must be strengthened4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to strengthen protections for employees engaged in collective bargaining to improve their wages1 hours1 and terms and conditions of employment2 7#b7 to expand coverage under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 to more employees2 7#c7 to provide a process by which workers and employers can successfully negotiate an initial collective bargaining agreement2 7#d7 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 bargaining2 7#e7 to provide for penalties against employers who violate the rights of employees to engage in collective bargaining1 in order to act as a meaningful deterrent against violating the law2 and 7#f7 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 ,back pay ,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 ,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 harm 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 further14 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 ,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 knowingly 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 such penalty exceed #ejj for each such violation4 7c7 ,violations causing serious economic harm 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 harm 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 ,director and officer liability ,if the ,board determines1 based on the particular facts and circumstances presented1 that a director or officer's personal liability is warranted1 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 violation1 or had established a policy that led to such a violation1 or had knowledge of1 and the authority to prevent1 the violation and failed to prevent such 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 business4 4 7c7 ,injunctions against unfair labor practices involving discharge or other serious economic loss 7#a7 ,in general ,section #aj7;j7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;j77 is amended-- 7,a7 by inserting 7#a7 before ,the ,board shall2 and 7,b7 by adding at the end the following3 7#b7 ,notwithstanding subsections 7l7 and 7m71 whenever it is charged that an employer has engaged in an unfair labor practice within the meaning of section #h7;a77#a7 or section #h7;a77#c7 that significantly interferes with1 restrains1 or coerces employees in the exercise of the rights guaranteed under section #g or involves discharge or other serious economic harm to an employee1 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 referred4 ,if1 after such investigation1 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 issue1 he shall bring a petition for appropriate temporary relief or restraining order as set forth in paragraph 7#a74 ,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 claim4 4 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 #f months 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 #aifd 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 ,such order shall be deemed an order under section #aj7;c71 without need for a determination of an unfair labor practice4 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 ,act or otherwise interfered with a fair election1 and the employer 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 upon issuance of such order1 unless otherwise directed by the ,board1 and shall remain in effect unless modified by the ,board or unless a court of competent jurisdiction issues a superseding order4 7#b7 ,violations of orders by the ,board ,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 #aj1jjj for each violation1 which shall accrue to the ,board and may be recovered in a civil action brought by the ,board in 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 business4 ,no such civil action may be brought by the ,board prior to #cj days after the issuance of the order4 ,each separate violation of an order shall be a separate offense1 except that1 in the case of a violation in which a person fails to obey or neglects to obey a final order of the ,board1 each day such failure or neglect continues shall be deemed a separate offense4 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 2 and 7,d7 in subsection 7f7-- 7i7 by striking ,any and all that follows through the relief sought and inserting the following3 7#a7 ,within #cj days of the issuance of a final order of the ,board granting or denying in whole or in part the relief sought1 any person aggrieved by such order2 7ii7 by striking proceed in the same manner as in the case of an application by the ,board under subsection 7e7 of this section and inserting proceed as provided under paragraph 7#b72 and 7iii7 by adding at the end the following3 7#b7 ,no objection that has not been urged before the ,board1 its member1 agent1 or agency1 shall be considered by the court1 unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances4 ,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 conclusive4 ,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 ,board1 its member1 agent1 or agency1 the court may order such additional evidence to be taken before the ,board1 its member1 agent1 or agency1 and to be made a part of the record4 ,the ,board may modify its findings as to the facts1 or make new findings1 by reason of additional evidence so taken and filed1 and it shall file such modified or new findings1 which findings with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive1 and shall file its recommendations1 if any1 for the modification or setting aside of its original order4 ,upon the filing of the record with it the jurisdiction of the court shall be exclusive and its judgment and decree shall be final1 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 as hereinabove provided1 and by the ,supreme ,court of the ,united ,states upon writ of certiorari or certification as provided in section #abed of title #bh1 ,united ,states ,code4 4 7#b7 ,conforming amendments ,the ,national ,labor ,relations ,act is amended-- 7,a7 in section #i7;d7 7#bi ,u4,s4,c4 #bi ,u4,s4,c4 #aei7;d771 by striking #aj7;e7 or2 7,b7 in section #aj7;g7 7#bi ,u4,s4,c4 #afj7;g771 by striking 7e7 or2 and 7,c7 in section #ah 7#bi ,u4,s4,c4 #afh71 by striking 7e7 or4 #f4 ,coverage 7a7 ,ensuring that employees are not wrongly classified as supervisors and denied the protections of the ,national ,labor ,relations ,act ,section #b7aa7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7aa77 is amended by-- 7#a7 inserting and for a majority of the individual's worktime after interest of the employer2 7#b7 striking assign12 and 7#c7 striking or responsibly to direct them14 7b7 ,ensuring that employees are not misclassified as independent contractors and denied the protections of the ,national ,labor ,relations ,act ,section #b7c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7c77 is amended by adding at the end the following3 8,an individual performing any service shall not have the status of an independent contractor unless-- 7#a7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of service and in fact2 7#b7 the service is performed outside the usual course of the business of the employer2 and 7#c7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in the service performed4 4 #g4 ,facilitating initial collective bargaining agreements ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh71 as amended by section #e1 is further amended by adding at the end the following3 7i7 ,initial collective bargaining agreement ,whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition1 the provisions of subsection 7d7 shall be modified as follows3 7#a7 ,not later than #aj days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative under section #i7;a71 or within such further period as the parties agree upon1 the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement4 7#b7 ,if after the expiration of the #ij-;day period beginning on the date on which bargaining is commenced1 or such additional period as the parties may agree upon1 the parties have failed to reach an agreement1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 ,whenever such a request is received1 it shall be the duty of the ,service promptly to put itself in communication with the parties and to use its best efforts1 by mediation and conciliation1 to bring them to agreement4 7#c7 ,if after the expiration of the #cj-;day period beginning on the date on which the request for mediation is made under paragraph 7#b71 or such additional period as the parties may agree upon1 the ,service is not able to bring the parties to agreement by conciliation1 the ,service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the ,service4 ,the tripartite arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of #b years1 unless amended during such period by written consent of the parties4 4