,,ib ,union ,calendar ,no4 #bgf #aafth ,,congress #ast ,session ,h4 ,r4 #bdgd ,report ,no4 #aaf-cdg ,,in ,,the ,,house ,,of ,,representatives ,may #b1 #bjai ,mr4 ,scott of ,virginia 7for himself1 ,ms4 ,wilson of ,florida1 ,mr4 ,levin of ,michigan1 ,ms4 ,jayapal1 ,mr4 ,brendan ,f4 ,boyle of ,pennsylvania1 ,ms4 ,schakowsky1 ,mr4 ,sablan1 ,mr4 ,takano1 ,mr4 ,cisneros1 ,ms4 ,kaptur1 ,ms4 ,omar1 ,ms4 ,fudge1 ,mr4 ,cartwright1 ,mrs4 ,napolitano1 ,ms4 ,norton1 ,ms4 ,mc,collum1 ,mr4 ,higgins of ,new ,york1 ,mr4 ,pocan1 ,mr4 ,khanna1 ,mr4 ,suozzi1 ,ms4 ,roybal-,allard1 ,mr4 ,pallone1 ,ms4 ,haaland1 ,mr4 ,raskin1 ,mr4 ,de,saulnier1 ,mr4 ,garca of ,illinois1 ,mr4 ,ryan1 ,mr4 ,rose of ,new ,york1 ,ms4 ,dean1 ,mr4 ,beyer1 ,mr4 ,de,fazio1 ,mr4 ,lowenthal1 ,mr4 ,sires1 ,mr4 ,mc,govern1 ,ms4 ,lee of ,california1 ,mrs4 ,davis of ,california1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,serrano1 ,mr4 ,cummings1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,espaillat1 ,mr4 ,cohen1 ,mr4 ,cicilline1 ,mr4 ,lujn1 ,ms4 ,bonamici1 ,miss ,rice of ,new ,york1 ,ms4 ,shalala1 ,mr4 ,norcross1 ,ms4 ,adams1 ,mr4 ,trone1 ,mr4 ,harder of ,california1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,mrs4 ,watson ,coleman1 ,ms4 ,tlaib1 ,mr4 ,malinowski1 ,mr4 ,engel1 ,mr4 ,castro of ,texas1 ,mr4 ,horsford1 ,mr4 ,grijalva1 ,ms4 ,mucarsel-,powell1 ,mr4 ,carson of ,indiana1 ,mr4 ,clay1 ,mr4 ,soto1 ,ms4 ,de,lauro1 ,mr4 ,veasey1 ,mr4 ,garamendi1 ,mr4 ,courtney1 ,mr4 ,delgado1 ,mr4 ,kennedy1 ,ms4 ,snchez1 ,mrs4 ,lawrence1 ,ms4 ,clark of ,massachusetts1 ,ms4 ,wasserman ,schultz1 ,mr4 ,nadler1 ,mr4 ,morelle1 ,ms4 ,stevens1 ,ms4 ,pressley1 ,mr4 ,rush1 ,mr4 ,golden1 ,ms4 ,eshoo1 ,ms4 ,velzquez1 ,mr4 ,green of ,texas1 ,ms4 ,pingree1 ,mr4 ,smith of ,washington1 ,mr4 ,lynch1 ,mr4 ,yarmuth1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,langevin1 ,ms4 ,titus1 ,mr4 ,visclosky1 ,mr4 ,cleaver1 ,mrs4 ,hayes1 ,mr4 ,sherman1 ,mr4 ,kildee1 ,mrs4 ,craig1 ,mrs4 ,trahan1 ,ms4 ,wild1 ,mr4 ,lewis1 ,mr4 ,ruiz1 and ,mr4 ,neguse7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,december #af1 #bjai;,additional sponsors3 ,mr4 ,huffman1 ,ms4 ,finkenauer1 ,mrs4 ,luria1 ,ms4 ,hill of ,california1 ,ms4 ,moore1 ,ms4 ,scanlon1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,mr4 ,panetta1 ,mrs4 ,bustos1 ,ms4 ,ocasio-,cortez1 ,mr4 ,pascrell1 ,mr4 ,tonko1 ,mr4 ,carbajal1 ,mr4 ,meeks1 ,mr4 ,crdenas1 ,mr4 ,vela1 ,mrs4 ,demings1 ,mr4 ,gomez1 ,ms4 ,meng1 ,mr4 ,johnson of ,georgia1 ,mr4 ,jeffries1 ,mr4 ,gallego1 ,ms4 ,schrier1 ,ms4 ,bass1 ,ms4 ,jackson ,lee1 ,mr4 ,foster1 ,ms4 ,slotkin1 ,mr4 ,heck1 ,ms4 ,spanberger1 ,mr4 ,aguilar1 ,mr4 ,kind1 ,mr4 ,blumenauer1 ,mr4 ,van ,drew1 ,ms4 ,brownley of ,california1 ,mr4 ,vargas1 ,mr4 ,kim1 ,mr4 ,lamb1 ,mr4 ,brown of ,maryland1 ,ms4 ,underwood1 ,mr4 ,larson of ,connecticut1 ,mr4 ,gonzalez of ,texas1 ,mr4 ,larsen of ,washington1 ,mr4 ,neal1 ,mr4 ,crow1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,deutch1 ,mr4 ,ted ,lieu of ,california1 ,ms4 ,escobar1 ,mr4 ,sarbanes1 ,mrs4 ,lowey1 ,mr4 ,welch1 ,mr4 ,ruppersberger1 ,ms4 ,kelly of ,illinois1 ,mr4 ,evans1 ,mrs4 ,beatty1 ,ms4 ,de,gette1 ,mrs4 ,axne1 ,mr4 ,david ,scott of ,georgia1 ,mrs4 ,dingell1 ,mr4 ,pappas1 ,mr4 ,peterson1 ,mrs4 ,kirkpatrick1 ,ms4 ,castor of ,florida1 ,mr4 ,schiff1 ,mr4 ,levin of ,california1 ,mr4 ,loebsack1 ,mrs4 ,torres of ,california1 ,ms4 ,porter1 ,mr4 ,thompson of ,california1 ,mr4 ,stanton1 ,mr4 ,crist1 ,mr4 ,payne1 ,mr4 ,schneider1 ,ms4 ,speier1 ,mr4 ,keating1 ,mr4 ,moulton1 ,ms4 ,garcia of ,texas1 ,mr4 ,mc,eachin1 ,mr4 ,hastings1 ,mr4 ,quigley1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,ms4 ,del,bene1 ,ms4 ,matsui1 ,ms4 ,waters1 ,mr4 ,connolly1 ,mr4 ,lipinski1 ,mr4 ,kilmer1 ,mr4 ,hoyer1 ,ms4 ,wexton1 ,ms4 ,barragn1 ,ms4 ,johnson of ,texas1 ,mr4 ,perlmutter1 ,mr4 ,brindisi1 ,mr4 ,doggett1 ,mr4 ,casten of ,illinois1 ,ms4 ,gabbard1 ,ms4 ,houlahan1 ,ms4 ,frankel1 ,mr4 ,krishnamoorthi1 ,mr4 ,price of ,north ,carolina1 ,ms4 ,sherrill1 ,mr4 ,cox of ,california1 ,mr4 ,o',halleran1 ,mr4 ,richmond1 ,mr4 ,bishop of ,georgia1 ,ms4 ,lofgren1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,swalwell of ,california1 ,mr4 ,himes1 ,mr4 ,gottheimer1 ,ms4 ,blunt ,rochester1 ,ms4 ,davids of ,kansas1 ,mr4 ,mc,nerney1 ,mr4 ,butterfield1 ,mr4 ,cooper1 ,mr4 ,fitzpatrick1 ,mr4 ,smith of ,new ,jersey1 ,mr4 ,lawson of ,florida1 and ,ms4 ,sewell of ,alabama ,december #af1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,may #b1 #bjai ,a ,,bill ,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 two 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 two 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 nine 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 one 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 eight days after a notice of such hearing is served on the labor organization2 and 7,b7 a post-election hearing under this subsection shall begin not later than #ad days after the filing of objections1 if any4 2 and 7#b7 in subsection 7d71 by striking 7e7 or and inserting 7d7 or4 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 five 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 ,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 #e4 ,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 ,december #af1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed