#aafth ,,congress #b;d ,session ,h4 ,r4 #bdgd ,,an ,,act ,to amend the ,national ,labor ,relations ,act1 the ,labor ,management ,relations ,act1 #aidg1 and the ,labor-,management ,reporting and ,disclosure ,act of #aiei1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting the ,right to ,organize ,act of #bjai4 #b4 ,amendments to the ,national ,labor ,relations ,act 7a7 ,definitions 7#a7 ,joint employer ,section #b7b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7b77 is amended by adding at the end the following3 ,two or more persons shall be employers with respect to an employee if each such person codetermines or shares control over the employee's essential terms and conditions of employment4 ,in determining whether such control exists1 the ,board or a court of competent jurisdiction shall consider as relevant direct control and indirect control over such terms and conditions1 reserved authority to control such terms and conditions1 and control over such terms and conditions exercised by a person in fact3 ,provided1 ,that nothing herein precludes a finding that indirect or reserved control standing alone can be sufficient given specific facts and circumstances44 7#b7 ,employee ,section #b7c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7c77 is amended by adding at the end the following3 ,an individual performing any service shall be considered an employee 7except as provided in the previous sentence7 and not an independent contractor1 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 7#c7 ,supervisor ,section #b7aa7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7aa77 is amended-- 7,a7 by inserting and for a majority of the individual's worktime after interest of the employer2 7,b7 by striking assign12 and 7,c7 by striking or responsibly to direct them14 7b7 ,reports ,section #c7;c7 of the ,national ,labor ,relations ,act is amended-- 7#a7 by striking ,the ,board and inserting 7#a7 ,the ,board2 and 7#b7 by adding at the end the following3 7#b7 ,effective ,january #a1 #bjba1 section #cjjc of the ,federal ,reports ,elimination and ,sunset ,act of #aiie 7,public ,law #aff-dd2 #ca ,u4,s4,c4 #aaac note7 shall not apply with respect to reports required under this subsection4 7#c7 ,each report issued under this subsection shall include no less detail than reports issued by the ,board prior to the termination of such reports under section #cjjc of the ,federal ,reports ,elimination and ,sunset ,act of #aiie 7,public ,law #aff-dd2 #ca ,u4,s4,c4 #aaac note74 4 7c7 ,appointment ,section #d7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aed7;a77 is amended by striking 1 or for economic analysis4 7d7 ,unfair labor practices ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#e71 by striking the period and inserting 22 and 7,b7 by adding at the end the following3 7#f7 to promise1 threaten1 or take any action-- 7,a7 to permanently replace an employee who participates in a strike as defined by section #eja7b7 of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #adb7b772 7,b7 to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such a strike2 or 7,c7 to lockout1 suspend1 or otherwise withold employment from employees in order to influence the position of such employees or the representative of such employees in collective bargaining prior to a strike2 and 7#g7 to communicate or misrepresent to an employee under section #b7c7 that such employee is excluded from the definition of employee under section #b7c74 2 7#b7 in subsection 7b7-- 7,a7 by striking paragraphs 7#d7 and 7#g72 7,b7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#d7 and 7#e71 respectively2 7,c7 in paragraph 7#d71 as so redesignated1 by striking affected2 and inserting affected2 and2 and 7,d7 in paragraph 7#e71 as so redesignated1 by striking 2 and and inserting a period2 7#c7 in subsection 7c71 by striking the period at the end and inserting the following3 3 ,provided1 ,that it shall be an unfair labor practice under subsection 7a77#a7 for any employer to require or coerce an employee to attend or participate in such employer's campaign activities unrelated to the employee's job duties1 including activities that are subject to the requirements under section #bjc7;b7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dcc7;b7742 7#d7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively2 7,b7 by striking ,for the purposes of this section and inserting 7#a7 ,for purposes of this section2 7,c7 by inserting and to maintain current wages1 hours1 and working conditions pending an agreement after arising thereunder2 7,d7 by inserting 3 ,provided1 ,that an employer's duty to collectively bargain shall continue absent decertification of the labor organization following an election conducted pursuant to section #i after making of a concession32 7,e7 by inserting further before 1 ,that where there is in effect2 7,f7 by striking ,the duties imposed and inserting 7#b7 ,the duties imposed2 7,g7 by striking by paragraphs 7#b71 7#c71 and 7#d7 and inserting by subparagraphs 7,b71 7,c71 and 7,d7 of paragraph 7#a72 7,h7 by striking section #h7;d77#a7 and inserting paragraph 7#a77;,a72 7,i7 by striking section #h7;d77#c7 and inserting paragraph 7#a77;,c7 in each place it appears2 7,j7 by striking section #h7;d77#d7 and inserting paragraph 7#a77;,d72 and 7,k7 by adding at the end the following3 7#c7 ,whenever collective bargaining is for the purpose of establishing an initial collective bargaining agreement following certification or recognition of a labor organization1 the following shall apply3 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 recognized or certified as a representative as defined in 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 subparagraph 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 ,service1 with one member selected by the labor organization1 one member selected by the employer1 and one neutral member mutually agreed to by the parties4 ,the labor organization and employer must each select the members of the tripartite arbitration panel within #ad days of the ,service's referral2 if the labor organization or employer fail to do so1 the ,service shall designate any members not selected by the labor organization or the employer4 ,a majority of 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 ,such decision shall be based on-- 7i7 the employer's financial status and prospects2 7ii7 the size and type of the employer's operations and business2 7iii7 the employees' cost of living2 7iv7 the employees' ability to sustain themselves1 their families1 and their dependents on the wages and benefits they earn from the employer2 and 7v7 the wages and benefits other employers in the same business provide their employees4 2 7#e7 by amending subsection 7e7 to read as follows3 7e7 ,notwithstanding chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act71 or any other provision of law1 it shall be an unfair labor practice under subsection 7a77#a7 for any employer-- 7#a7 to enter into or attempt to enforce any agreement1 express or implied1 whereby prior to a dispute to which the agreement applies1 an employee undertakes or promises not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of such employee in any forum that1 but for such agreement1 is of competent jurisdiction2 7#b7 to coerce an employee into undertaking or promising not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of such employee2 or 7#c7 to retaliate or threaten to retaliate against an employee for refusing to undertake or promise not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of such employee3 ,provided1 ,that any agreement that violates this subsection or results from a violation of this subsection shall be to such extent unenforceable and void3 ,provided further1 ,that this subsection shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization4 2 7#f7 in subsection 7g71 by striking clause 7,b7 of the last sentence of section #h7;d7 of this ,act and inserting subsection 7d77#b77;,b72 and 7#g7 by adding at the end the following3 7h7 7#a7 ,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 make available to the public the form and text of such notice4 ,the ,board shall promulgate regulations requiring employers to notify each new employee of the information contained in the notice described in the preceding two sentences4 7#b7 ,whenever the ,board directs an election under section #i7;c7 or approves an election agreement1 the employer of employees in the bargaining unit shall1 not later than #b business days after the ,board directs such election or approves such election agreement1 provide a voter list to a labor organization that has petitioned to represent such employees4 ,such voter list shall include the names of all employees in the bargaining unit and such employees' home addresses1 work locations1 shifts1 job classifications1 and1 if available to the employer1 personal landline and mobile telephone numbers1 and work and personal email addresses2 the voter list must be provided in a searchable electronic format generally approved by the ,board unless the employer certifies that the employer does not possess the capacity to produce the list in the required form4 ,not later than #i months after the date of enactment of the ,protecting the ,right to ,organize ,act of #bjai1 the ,board shall promulgate regulations implementing the requirements of this paragraph4 7i7 ,the rights of an employee under section #g include the right to use electronic communication devices and systems 7including computers1 laptops1 tablets1 internet access1 email1 cellular telephones1 or other company equipment7 of the employer of such employee to engage in activities protected under section #g if such employer has given such employee access to such devices and systems in the course of the work of such employee1 absent a compelling business rationale4 4 7e7 ,representatives and elections ,section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,whenever a petition shall have been filed1 in accordance with such regulations as may be prescribed by the ,board1 by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees 7i7 wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in section #i7;a71 or 7ii7 assert that the individual or labor organization1 which has been certified or is being recognized by their employer as the bargaining representative1 is no longer a representative as defined in section #i7;a71 the ,board shall investigate such petition and if it has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice4 ,such hearing may be conducted by an officer or employee of the regional office1 who shall not make any recommendations with respect thereto4 ,if the ,board finds upon the record of such hearing that such a question of representation exists1 it shall direct an election by secret ballot and shall certify the results thereof4 ,the ,board shall find the labor organization's proposed unit to be appropriate if the employees in the proposed unit share a community of interest1 and if the employees outside the unit do not share an overwhelming community of interest with employees inside4 ,at the request of the labor organization1 the ,board shall direct that the election be conducted through certified mail1 electronically1 at the work location1 or at a location other than one owned or controlled by the employer4 ,no employer shall have standing as a party or to intervene in any representation proceeding under this section4 2 7,b7 in paragraph 7#c71 by striking an economic strike who are not entitled to reinstatement and inserting a strike2 7,c7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#f7 and 7#g71 respectively2 7,d7 by inserting after paragraph 7#c7 the following3 7#d7 ,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 certify the labor organization as the representative of the employees in such unit and shall issue an order requiring the employer of such employees to collectively bargain with the labor organization in accordance with section #h7;d74 ,this order shall be deemed an order under section #aj7;c7 of this ,act1 without need for a determination of an unfair labor practice4 7#e7 7,a7 ,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 ,in any case in which 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 election1 certify the labor organization as the representative of the employees in such unit and 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 interference1 a majority of the employees in the bargaining unit have signed authorizations designating the labor organization as their collective bargaining representative4 7,c7 ,in any case where the ,board determines that an election under this paragraph should be set aside1 the ,board shall direct a new 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 2 and 7,e7 by inserting after paragraph 7#g71 as so redesignated1 the following3 7#h7 ,except under extraordinary circumstances-- 7,a7 a pre-election hearing under this subsection shall begin not later than #h days after a notice of such hearing is served on the labor organization and shall continue from day to day until completed2 7,b7 a regional director shall transmit the notice of election at the same time as the direction of election1 and shall transmit such notice and such direction electronically 7including transmission by email or facsimile7 or by overnight mail if electronic transmission is unavailable2 7,c7 not later than #b days after the service of the notice of hearing1 the employer shall-- 7i7 post the ,notice of ,petition for ,election in conspicuous places1 including all places where notices to employees are customarily posted2 7ii7 if the employer customarily communicates with employees electronically1 distribute such ,notice electronically2 and 7iii7 maintain such posting until the petition is dismissed or withdrawn or the ,notice of ,petition for ,election is replaced by the ,notice of ,election2 7,d7 regional directors shall schedule elections for the earliest date practicable1 but not later than the #bjth business day after the direction of election2 and 7,e7 a post-election hearing under this subsection shall begin not later than #ad days after the filing of objections1 if any4 2 7#b7 in subsection 7d71 by striking 7e7 or and inserting 7d7 or2 and 7#c7 by adding at the end the following new subsection3 7f7 ,the ,board shall dismiss any petition for an election with respect to a bargaining unit or any subdivision if1 during the preceding #ab-month period1 the employer has recognized a labor organization without an election and in accordance with this ,act4 4 7f7 ,prevention of unfair labor practices ,section #aj7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;c77 is amended by striking suffered by him and inserting suffered by such employee3 ,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 without any reduction 7including any reduction based on the employee's interim earnings or failure to earn interim earnings71 front pay 7when appropriate71 consequential damages1 and an additional amount as liquidated damages equal to two times the amount of damages awarded3 ,provided further1 no relief under this subsection shall 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 aliens4 7g7 ,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 further amended-- 7,a7 by striking subsection 7e72 7,b7 by redesignating subsection 7d7 as subsection 7e72 7,c7 by inserting after subsection 7c7 the following3 7d7 7#a7 ,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 ,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 ,united ,states and may be recovered in a civil action brought by the ,board 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 business4 ,no action by the ,board under this paragraph may be made until #cj days following the issuance of an order4 ,each separate violation of such 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 ,if1 after having provided a person or entity with notice and an opportunity to be heard regarding a civil action under subparagraph 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 an 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 to such order2 or 7,b7 enjoin such person or entity1 officers1 agents1 or representatives to obedience to the same4 2 7,d7 in subsection 7f7-- 7i7 by striking proceed in the same manner as in the case of an application by the ,board under subsection 7e7 of this section1 and inserting proceed as provided under paragraph 7#b7 of this subsection2 7ii7 by striking ,any and inserting the following3 7#a7 ,within #cj days of the issuance of an order1 any 2 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 agency shall be considered by a 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 court1 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 2 and 7,e7 in subsection 7g71 by striking subsection 7e7 or 7f7 of this section and inserting subsection 7d7 or 7f74 7#b7 ,conforming amendment ,section #ah of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afh7 is amended by striking section #aj7;e7 or 7f7 and inserting subsection 7d7 or 7f7 of section #aj4 7h7 ,injunctions against unfair labor practices involving discharge or other serious economic harm ,section #aj of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7 is amended-- 7#a7 in subsection 7j7-- 7,a7 by striking ,the ,board and inserting 7#a7 ,the ,board2 and 7,b7 by adding at the end the following3 7#b7 ,notwithstanding subsection 7m71 whenever it is charged that an employer has engaged in an unfair labor practice within the meaning of paragraph 7#a7 or 7#c7 of section #h7;a7 that significantly interferes with1 restrains1 or coerces employees in the exercise of the rights guaranteed under section #g1 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 such officer or attorney 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 2 and 7#b7 by repealing subsections 7k7 and 7l74 7i7 ,penalties 7#a7 ,in general ,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 for posting requirements and voter list ,if the ,board1 or any agent or agency designated by the ,board for such purposes1 determines that an employer has violated section #h7;h7 or regulations issued thereunder1 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 comply with section #h7;h7 or regulations issued thereunder2 and 7#c7 impose a civil penalty in an amount determined appropriate by the ,board1 except that in no case shall the amount of such penalty exceed #ejj for each such violation4 7c7 ,civil penalties for violations 7#a7 ,in general ,any employer who commits an unfair labor practice within the meaning of section #h7;a7 shall1 in addition to any remedy ordered by the ,board1 be subject to a civil penalty in an amount not to exceed #ej1jjj for each violation1 except that1 with respect to 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 employee1 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 gross income 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 had established a policy that led to such a violation1 or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation4 7d7 ,right to civil action 7#a7 ,in general ,any person who is injured by reason of a violation of paragraph 7#a7 or 7#c7 of section #h7;a7 may1 after #fj days following the filing of a charge with the ,board alleging an unfair labor practice1 bring a civil action in the appropriate district court of the ,united ,states against the employer within #ij days after the expiration of the #fj-;day period or the date the ,board notifies the person that no complaint shall issue1 whichever occurs earlier1 provided that the ,board has not filed a petition under section #aj7;j7 of this ,act prior to the expiration of the #fj-;day period4 ,no relief under this subsection shall 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 aliens4 7#b7 ,available relief ,relief granted in an action under paragraph 7#a7 may include-- 7,a7 back pay without any reduction1 including any reduction based on the employee's interim earnings or failure to earn interim earnings2 7,b7 front pay 7when appropriate72 7,c7 consequential damages2 7,d7 an additional amount as liquidated damages equal to two times the cumulative amount of damages awarded under subparagraphs 7,a7 through 7,c72 7,e7 in appropriate cases1 punitive damages in accordance with paragraph 7#d72 and 7,f7 any other 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 fees ,in any civil action under this subsection1 the court may allow the prevailing party a reasonable attorney's fee 7including expert fees7 and other reasonable costs associated with maintaining the action4 7#d7 ,punitive damages ,in awarding punitive damages under paragraph 7#b77;,e71 the court 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 gross income of the employer4 4 7#b7 ,conforming amendments ,section #aj7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;b77 is amended-- 7,a7 by striking six months and inserting #ahj days2 and 7,b7 by striking the six-month period and inserting the #ahj-;day period4 7j7 ,limitations ,section #ac of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afc7 is amended by striking the period at the end and inserting the following3 3 ,provided1 ,that the duration1 scope1 frequency1 or intermittence of any strike or strikes shall not render such strike or strikes unprotected or prohibited44 7k7 ,fair share agreements permitted ,section #ad7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afd7;b77 is amended by striking the period at the end and inserting the following3 3 ,provided1 ,that collective bargaining agreements providing that all employees in a bargaining unit shall contribute fees to a labor organization for the cost of representation1 collective bargaining1 contract enforcement1 and related expenditures as a condition of employment shall be valid and enforceable notwithstanding any ,state or ,territorial law44 #c4 ,conforming amendments to the ,labor ,management ,relations ,act1 #aidg ,the ,labor ,management ,relations ,act1 #aidg is amended-- 7#a7 in section #bac7;a7 7#bi ,u4,s4,c4 #ahc7;a771 by striking clause 7,a7 of the last sentence of section #h7;d7 7which is required by clause 7#c7 of such section #h7;d771 or within #aj days after the notice under clause 7,b7 and inserting section #h7;d77#b77;,a7 of the ,national ,labor ,relations ,act 7which is required by section #h7;d77#a77;,c7 of such ,act71 or within #aj days after the notice under section #h7;d77#b77;,b7 of such ,act2 and 7#b7 by repealing section #cjc 7#bi ,u4,s4,c4 #ahg74 #d4 ,amendments to the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7a7 ,in ,general ,section #bjc7;c7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dcc7;c77 is amended by striking the period at the end and inserting the following 3 ,provided1 ,that this subsection shall not exempt from the requirements of this section any arrangement or part of an arrangement in which a party agrees1 for an object described in subsection 7b77#a71 to plan or conduct employee meetings2 train supervisors or employer representatives to conduct meetings2 coordinate or direct activities of supervisors or employer representatives2 establish or facilitate employee committees2 identify employees for disciplinary action1 reward1 or other targeting2 or draft or revise employer personnel policies1 speeches1 presentations1 or other written1 recorded1 or electronic communications to be delivered or disseminated to employees44 7b7 ,whistleblower protections ,the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dja et seq47 is further amended-- 7#a7 by redesignating section #faa 7#bi ,u4,s4,c4 #eca7 as section #fab2 and 7#b7 by inserting after section #faj 7#bi ,u4,s4,c4 #ecj71 the following new section3 #faa4 ,whistleblower ,protections 7a7 ,in general ,no employer or labor organization shall terminate or in any other way discriminate against1 or cause to be terminated or discriminated against1 any applicant1 covered employee1 or former covered employee1 of the employer or the labor organization by reason of the fact that such applicant1 covered employee1 or former covered employee does1 or the employer or labor organization perceives the employee to do1 any of the following3 7#a7 ,provide1 cause to be provided1 or is about to provide or cause to be provided1 information to the labor organization1 the ,department of ,labor1 or any other ,state1 local1 or ,federal ,government authority or law enforcement agency relating to any violation of1 or any act or omission that such employee reasonably believes to be a violation of1 any provision of this ,act4 7#b7 ,testify or plan to testify or otherwise participate in any proceeding resulting from the administration or enforcement of any provision of this ,act4 7#c7 ,file1 institute1 or cause to be filed or instituted1 any proceeding under this ,act4 7#d7 ,assist in any activity described in paragraphs 7#a7 through 7#c74 7#e7 ,object to1 or refuse to participate in1 any activity1 policy1 practice1 or assigned task that such covered employee reasonably believes to be in violation of any provision of this ,act4 7b7 ,definition of covered employee ,for the purposes of this section1 the term covered employee means any employee or agent of an employer or labor organization1 including any person with management responsibilities on behalf of the employer or labor organization4 7c7 ,procedures and timetables 7#a7 ,complaint 7,a7 ,in general ,an applicant1 covered employee1 or former covered employee who believes that he or she has been terminated or in any other way discriminated against by any person in violation of subsection 7a7 may file 7or have any person file on his or her behalf7 a complaint with the ,secretary of ,labor alleging such violation4 ,such a complaint must be filed not later than either-- 7i7 #ahj days after the date on which such alleged violation occurs2 or 7ii7 #ahj days after the date upon which the employee knows or should reasonably have known that such alleged violation in subsection 7a7 occurred4 7,b7 ,actions of ,secretary of ,labor ,upon receipt of such a complaint1 the ,secretary of ,labor shall notify1 in writing1 the person named in the complaint who is alleged to have committed the violation1 of-- 7i7 the filing of the complaint2 7ii7 the allegations contained in the complaint2 7iii7 the substance of evidence supporting the complaint2 and 7iv7 opportunities that will be afforded to such person under paragraph 7#b74 7#b7 ,investigation by ,secretary of ,labor 7,a7 ,in general ,not later than #fj days after the date of receipt of a complaint filed under paragraph 7#a71 and after affording the complainant and the person named in the complaint who is alleged to have committed the violation that is the basis for the complaint an opportunity to submit to the ,secretary of ,labor a written response to the complaint and an opportunity to meet with a representative of the ,secretary of ,labor to present statements from witnesses1 the ,secretary of ,labor shall-- 7i7 initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit2 and 7ii7 notify the complainant and the person alleged to have committed the violation of subsection 7a71 in writing1 of such determination4 7,b7 ,grounds for determination of complaints ,the ,secretary of ,labor shall dismiss a complaint filed under this subsection1 and shall not conduct an investigation otherwise required under paragraph 7#b71 unless the complainant makes a prima facie showing that any behavior described in paragraphs 7#a7 through 7#e7 of subsection 7a7 was a contributing factor in the unfavorable personnel action alleged in the complaint4 7#c7 ,burdens of proof 7,a7 ,criteria for determination ,in making a determination or adjudicating a complaint pursuant to this subsection1 the ,secretary1 an administrative law judge or a court may determine that a violation of subsection 7a7 has occurred only if the complainant demonstrates that any conduct described in subsection 7a7 with respect to the complainant was a contributing factor in the adverse action alleged in the complaint4 7,b7 ,prohibition ,notwithstanding subparagraph 7,a71 a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct4 7,c7 ,notice of relief available ,if the ,secretary of ,labor concludes that there is reasonable cause to believe that a violation of subsection 7a7 has occurred1 the ,secretary of ,labor shall1 together with the notice under subparagraph 7,a77ii71 issue a preliminary order providing the relief prescribed by paragraph 7#d77;,b74 7,d7 ,request for hearing ,not later than #cj days after the date of receipt of notification of a determination of the ,secretary of ,labor under this paragraph1 either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order1 or both1 and request a hearing on the record4 ,the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order4 ,any such hearing shall be conducted expeditiously1 and if a hearing is not requested in such #cj-;day period1 the preliminary order shall be deemed a final order that is not subject to judicial review4 7,e7 ,procedures 7i7 ,in general ,a hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the ,secretary for hearings conducted by administrative law judges4 7ii7 ,subpoenas2 production of evidence ,in conducting any such hearing1 the administrative law judge may issue subpoenas4 ,the respondent or complainant may request the issuance of subpoenas that require the deposition of1 or the attendance and testimony of1 witnesses and the production of any evidence 7including any books1 papers1 documents1 or recordings7 relating to the matter under consideration4 7#d7 ,issuance of final orders2 review procedures 7,a7 ,timing ,not later than #abj days after the date of conclusion of any hearing under paragraph 7#b71 the ,secretary of ,labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint4 ,at any time before issuance of a final order1 a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the ,secretary of ,labor1 the complainant1 and the person alleged to have committed the violation4 7,b7 ,available relief 7i7 ,order of ,secretary of ,labor ,if1 in response to a complaint filed under paragraph 7#a71 the ,secretary of ,labor determines that a violation of subsection 7a7 has occurred1 the ,secretary of ,labor shall order the person who committed such violation-- 7,i7 to take affirmative action to abate the violation2 7,,ii7 to reinstate the complainant to his or her former position1 together with compensation 7including back pay with interest7 and restore the terms1 conditions1 and privileges associated with his or her employment2 7,,iii7 to provide compensatory damages to the complainant2 and 7,,iv7 expungement of all warnings1 reprimands1 or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action1 and1 at the complainant's direction1 transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information4 7ii7 ,costs and expenses ,if an order is issued under clause 7i71 the ,secretary of ,labor1 at the request of the complainant1 shall assess against the person against whom the order is issued1 a sum equal to the aggregate amount of all costs and expenses 7including attorney fees and expert witness fees7 reasonably incurred1 as determined by the ,secretary of ,labor1 by the complainant for1 or in connection with1 the bringing of the complaint upon which the order was issued4 7,c7 ,frivolous claims ,if the ,secretary of ,labor finds that a complaint under paragraph 7#a7 is frivolous or has been brought in bad faith1 the ,secretary of ,labor may award to the prevailing employer or labor organization a reasonable attorney fee1 not exceeding #a1jjj1 to be paid by the complainant4 7,d7 ,de novo review 7i7 ,failure of the secretary to act ,if the ,secretary of ,labor has not issued a final order within #bgj days after the date of filing of a complaint under this subsection1 or within #ij days after the date of receipt of a written determination1 the complainant may bring an action at law or equity for de novo review in the appropriate district court of the ,united ,states having jurisdiction1 which shall have jurisdiction over such an action without regard to the amount in controversy1 and which action shall1 at the request of either party to such action1 be tried by the court with a jury4 7ii7 ,procedures ,a proceeding under clause 7i7 shall be governed by the same legal burdens of proof specified in paragraph 7#c74 ,the court shall have jurisdiction to grant all relief necessary to make the employee whole1 including injunctive relief and compensatory damages1 including-- 7,i7 reinstatement with the same seniority status that the employee would have had1 but for the discharge or discrimination2 7,,ii7 the amount of back pay1 with interest2 7,,iii7 compensation for any special damages sustained as a result of the discharge or discrimination1 including litigation costs1 expert witness fees1 and reasonable attorney fees2 and 7,,iv7 expungement of all warnings1 reprimands1 or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action1 and1 at the complainant's direction1 transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information4 7,e7 ,other appeals ,unless the complainant brings an action under subparagraph 7,d71 any person adversely affected or aggrieved by a final order issued under subparagraph 7,a7 may file a petition for review of the order in the ,united ,states ,court of ,appeals for the circuit in which the violation with respect to which the order was issued1 allegedly occurred or the circuit in which the complainant resided on the date of such violation1 not later than #fj days after the date of the issuance of the final order of the ,secretary of ,labor under subparagraph 7,a74 ,review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the order4 ,an order of the ,secretary of ,labor with respect to which review could have been obtained under this subparagraph shall not be subject to judicial review in any criminal or other civil proceeding4 7#e7 ,failure to comply with order 7,a7 ,actions by the ,secretary ,if any person has failed to comply with a final order issued under paragraph 7#d71 the ,secretary of ,labor may file a civil action in the ,united ,states district court for the district in which the violation was found to have occurred1 or in the ,united ,states district court for the ,district of ,columbia1 to enforce such order4 ,in actions brought under this paragraph1 the district courts shall have jurisdiction to grant all appropriate relief including injunctive relief1 compensatory and punitive damages4 7,b7 ,civil actions to compel compliance ,a person on whose behalf an order was issued under paragraph 7#d7 may commence a civil action against the person to whom such order was issued to require compliance with such order4 ,the appropriate ,united ,states district court shall have jurisdiction1 without regard to the amount in controversy or the citizenship of the parties1 to enforce such order4 7,c7 ,award of costs authorized ,the court1 in issuing any final order under this paragraph1 may award costs of litigation 7including reasonable attorney and expert witness fees7 to any party1 whenever the court determines such award is appropriate4 7,d7 ,mandamus proceedings ,any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section #acfa of title #bh1 ,united ,states ,code4 7d7 ,unenforceability of certain agreements ,notwithstanding any other provision of law1 the rights and remedies provided for in this section may not be waived by any agreement1 policy1 form1 or condition of employment1 including by any predispute arbitration agreement4 7e7 ,savings ,nothing in this subsection shall be construed to diminish the rights1 privileges1 or remedies of any employee who exercises rights under any ,federal or ,state law or common law1 or under any collective bargaining agreement4 4 #e4 ,rule of ,construction ,the amendments made under this ,act shall not be construed to amend section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a74 #f4 ,,gao report on sectoral bargaining 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general1 in consultation with the persons described in subsection 7b71 shall prepare and submit to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report1 that-- 7#a7 identifies and analyzes the laws1 policies1 and procedures in countries outside the ,united ,states governing collective bargaining at the level of an industry sector1 including the laws1 policies1 and procedures involved in-- 7,a7 the administrative system facilitating such bargaining2 7,b7 how collective bargaining agreements are rendered binding on all firms in an industry sector2 7,c7 defining an industry sector2 7,d7 the relationship between collective bargaining at the level of an individual employer or group of employers and at the level of an industry sector2 7,e7 the designation of representatives for collective bargaining at the level of an industry sector2 7,f7 the scope of collective bargaining and impasses at the level of an industry sector2 and 7,g7 the provision or administration of benefits by labor organizations 7such as unemployment insurance71 or union security at the firm level or the level of an industry sector1 to cover the costs of collective bargaining at the level of an industry sector2 7#b7 conducts a comparative analysis of the laws1 policies1 and procedures specified in paragraph 7#a7 that have been enacted in countries outside the ,united ,states2 7#c7 to the extent practicable1 identifies the effects of such laws1 policies1 and procedures on-- 7,a7 the wages and compensation of employees2 7,b7 the number of employees1 disaggregated by full-time and part-time employees2 7,c7 prices1 sales1 and revenues2 7,d7 employee turnover and retention2 7,e7 hiring and training costs2 7,f7 productivity and absenteeism2 and 7,g7 the development of emerging industries1 including those that engage their workforces through technology2 and 7#d7 describes the methodology used to generate the information in the report4 7b7 ,expert consultation ,the persons described in this subsection are-- 7#a7 workers and the labor organizations representing such workers2 7#b7 representatives of businesses2 7#c7 the ,national ,labor ,relations ,board2 7#d7 the ,international ,labor ,organization2 and 7#e7 the ,international ,labor ,affairs ,bureau of the ,department of ,labor4 7c7 ,congressional assessment and recommendations ,not later than #fj days after the date on which the report is submitted under subsection 7a71 the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate shall-- 7#a7 assess the findings of such report2 and 7#b7 make recommendations with respect to actions of ,congress to address the findings of such report4 #g4 ,rule of ,construction ,the amendments made under this ,act shall not be construed to affect the definitions of employer or employee under the laws of any ,state that govern the wages1 work hours1 workers' compensation1 or unemployment insurance of employees4 #h4 ,rule of ,construction ,the amendments made under this ,act shall not be construed to affect the privacy of employees with respect to voter lists provided to labor organizations by employers pursuant to elections directed by the ,board4 #i4 ,rule of ,construction ,the amendments made by this ,act shall not be construed to affect the jurisdictional standards of the ,national ,labor ,relations ,board1 including any standards that measure the size of a business with respect to revenues1 that are used to determine whether an industry is affecting commerce for purposes of determining coverage under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 #aj4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this ,act1 including any amendments made by this ,act4 ,passed the ,house of ,representatives ,february #f1 #bjbj4;,clerk4