,,ii #aafth ,,congress #ast ,session ,s4 #acjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #b1 #bjai,mrs4 ,murray 7for herself1 ,mr4 ,schumer1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,brown1 ,ms4 ,cantwell1 ,mr4 ,cardin1 ,mr4 ,carper1 ,mr4 ,casey1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mrs4 ,feinstein1 ,mrs4 ,gillibrand1 ,ms4 ,harris1 ,ms4 ,hassan1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,leahy1 ,mr4 ,markey1 ,mr4 ,menendez1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mr4 ,peters1 ,mr4 ,reed1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,mr4 ,schatz1 ,mrs4 ,shaheen1 ,ms4 ,smith1 ,ms4 ,stabenow1 ,mr4 ,tester1 ,mr4 ,udall1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,whitehouse1 and ,mr4 ,wyden7 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 ,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 ,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 ,according to the ,bureau of ,labor ,statistics1 union members earn #be4f percent more than workers who are not covered by a collective bargaining agreement4 ,workers who are represented by a union are #bh percent more likely to be offered health insurance through work and nearly five times more likely to have defined benefit pensions4 ,the wage differential is significant for women and people of color4 ,african-,american union members earn #be percent more than ,african-,american workers who are not covered by a collective bargaining agreement1 and ,latino union members earn #db4f percent more than ,latino workers who are not covered by a collective bargaining agreement4 ,women union members earn #cj 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 agreement because collective bargaining agreements ensure the same rate is paid to workers for a particular job without regard to gender4 ,the wage and benefit gains achieved through collective bargaining agreements benefit both workers and their communities4 7#c7 ,unions and collective bargaining ensure that productivity gains are shared by working people4 ,the decline in the percentage of workers covered by collective bargaining has contributed to skyrocketing income inequality and wage stagnation for the average worker4 7#d7 ,the ,national ,labor ,relations ,act protects the right of workers to join together with their coworkers in concerted activities for their mutual aid or protection4 ,this protection applies broadly to all concerted activities by workers aimed at improving the terms and conditions of their employment or aiding each other in any way1 regardless of whether workers are seeking to form a union or engage in collective bargaining with their employer4 7#e7 ,the ,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 the ,act is lacking1 due in part to the absence of any legally required notice informing workers of the rights and responsibilities under the ,act4 ,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 the ,act and impair their freedom of association at work4 7#f7 ,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 union at their workplace4 ,in one out of three organizing campaigns1 one or more workers are discharged for supporting or joining a union4 7#g7 ,the current remedies are inadequate to deter employers from violating the ,national ,labor ,relations ,act4 ,the remedies and penalties for violations of the ,act are far weaker than for other labor and employment laws4 ,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 ,should the ,board decline to prosecute for any reason1 aggrieved workers have no other remedy4 7#h7 ,unlike orders of other ,federal agencies1 the orders of the ,national ,labor ,relations ,board are not enforced until the ,board seeks enforcement from a 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 undermining the effectiveness of the ,act4 7#i7 ,many workers do not currently enjoy the protections of the ,national ,labor ,relations ,act because they are excluded from coverage under the ,act or interpretations of the ,act4 7#aj7 ,too often1 workers who choose to form unions 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#aa7 ,while the ,national ,labor ,relations ,act guarantees workers the right to strike1 courts have permitted employers to permanently replace workers who exercise their right to strike4 ,this is contrary to ,congress's intent in enacting the ,national ,labor ,relations ,act and has led to confusion among workers regarding their right to strike4 7#ab7 ,hearings under section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 exist to assure workers the fullest freedom in exercising the rights guaranteed by the ,act4 ,however1 some employers have abused the representation process of the ,national ,labor ,relations ,board to impede workers from freely choosing their own representatives and exercising their rights under the ,act4 7#ac7 ,so-called right-to-work laws do not give any worker the right to a job4 ,while ,federal law requires unions to fairly represent all members of a given bargaining unit1 and thereby expend resources on all unit members1 many ,states' so-called right-to-work laws prohibit unions from charging all members for the representation and services that the unions are legally obliged to render4 ,section #ad7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afd7;b77 must be reformed to permit unions and employers to mutually agree that payment of fair share fees shall be a condition of employment following initial hiring4 7#ad7 ,restrictions on so-called secondary boycotts and recognitional picketing unduly impede workers' ability to engage in peaceful conduct and expression4 ,workers must be free to act in solidarity with workers in other workplaces in order to improve labor standards and achieve other lawful ends for mutual aid or protection4 7#ae7 ,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 workers 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 workers2 7#c7 to provide a process by which workers and employers can successfully negotiate an initial collective bargaining agreement2 7#d7 to provide a stronger deterrent and fairer remedies for workers who face retaliation1 discrimination1 or other interference with their legal rights to act concertedly1 join a union1 or engage in collective bargaining2 7#e7 to broadly protect workers' right to engage in concerted activities for mutual aid or protection2 7#f7 to streamline the enforcement procedures of the ,national ,labor ,relations ,board to provide for more timely and effective enforcement of the law2 7#g7 to safeguard the right to strike by prohibiting permanent replacement of striking workers2 7#h7 to repeal specific prohibitions on collective action and peaceful expression2 7#i7 to permit fair share fee arrangements in order to promote workers' freedom of association and encourage the practice of collective bargaining2 7#aj7 to improve the purchasing power of wage earners in industry2 7#aa7 to promote the stabilization of fair wage rates and humane working conditions within and between industries2 and 7#ab7 to redress the inequality of bargaining power between workers and employers4 #d4 ,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 8,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 ,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 7c7 ,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 2 and2 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 or 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 strike4 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 striking ,the duties imposed and inserting 7#b7 ,the duties imposed2 7,d7 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,e7 by striking section #h7;d77#a7 and inserting paragraph 7#a77;,a72 7,f7 by striking section #h7;d77#c7 and inserting paragraph 7#a77;,c7 in each place it appears2 7,g7 by striking section #h7;d77#d7 and inserting paragraph 7#a77;,d72 and 7,h7 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 ,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 addresses4 ,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 4 7d7 ,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 ,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 7e7 ,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 7f7 ,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 ,board 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 #aj 7e7 or 7f7 and inserting subsection 7d7 or 7f7 of section #aj4 7g7 ,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 7h7 ,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 ,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;a71 or a violation of section #h7;a7 that results in the discharge of an employee or other serious economic harm to an employee1 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 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 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 7i7 ,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 7j7 ,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 #e4 ,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 #f4 ,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 #g4 ,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