,i  #aahth ,,congress  #ast ,session    
,h4 ,r4 #gba  ,,in ,,the ,,house ,,of   
,,representatives  ,february #a1        
#bjbc,mr4 ,good of ,virginia 7for       
himself1 ,mrs4 ,miller of ,illinois1 and
 ,mr4 ,weber of ,texas7 introduced the  
following bill2 which was referred to   
the ,committee on ,education and the    
,workforce  ,a ,,bill  ,to amend the    
,labor-,management ,reporting and       
,disclosure ,act of #aiei to provide    
whistleblower protection for union      
employees4  #a4 ,short title ,this ,act 
may be cited as the ,union ,integrity   
,act4  #b4 ,whistleblower protection for
 union employees ,the ,labor-,management
 ,reporting and ,disclosure ,act of     
#aiei 7#bi ,u4,s4,c4 #dja et seq47 is   
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 ,protection for ,union   
,employees  7a7 ,in general ,no labor   

organization shall terminate or in any  
other way discriminate against1 or cause
 to be terminated or discriminated      
against1 any covered employee of the    
labor organization by reason of the fact
 that such employee1 whether at the     
initiative of the employee or in the    
ordinary course of the duties of the    
employee 7or any person acting pursuant 
to a request of the employee71 has--    
7#a7 provided1 caused 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 the employee reasonably believes to
 be a violation of1 any provision of    
this ,act or any other provision of law 
that is subject to the jurisdiction of  
the ,department of ,labor1 the ,national
 ,labor ,relations ,board1 or the       
,national ,mediation ,board1 or any     

rule1 order1 standard1 or prohibition   
prescribed by the ,department of ,labor1
 the ,national ,labor ,relations ,board1
 or the ,national ,mediation ,board2    
7#b7 testified or will testify in any   
proceeding resulting from the           
administration or enforcement of any    
provision of this ,act or any other     
provision of law that is subject to the 
jurisdiction of the ,department of      
,labor1 ,national ,labor ,relations     
,board1 or ,national ,mediation ,board1 
or any rule1 order1 standard1 or        
prohibition prescribed by the           
,department of ,labor1 the ,national    
,labor ,relations ,board1 or the        
,national ,mediation ,board2  7#c7      
filed1 instituted1 or caused to be filed
 or instituted any proceeding under this
 ,act2 or  7#d7 objected to1 or refused 
to participate in1 any activity1 policy1
 practice1 or assigned task that the    
employee 7or other such person7         
reasonably believed to be in violation  
of any law1 rule1 order1 standard1 or   

prohibition1 subject to the jurisdiction
 of1 or enforceable by1 the ,department 
of ,labor1 the ,national ,labor         
,relations ,board1 or the ,national     
,mediation ,board4  7b7 ,definition of  
covered employee ,for the purposes of   
this section1 the term covered employee 
means any employee of a labor           
organization who receives financial     
compensation for his or her services to 
the labor organization1 including       
officers of the labor organization4  7c7
 ,procedures and timetables  7#a7       
,complaint  7,a7 ,in general ,a person  
who believes that he or she has been    
discharged or otherwise 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 discharge or              
discrimination and identifying the      
person responsible for such act4 ,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 conclusion of
 any internal appeals1 review1 or other 
judicial or investigative process       
conducted by the labor organization     
employing such person4  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 ,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,c7 ,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#c7 ,grounds for     
determination of complaints  7,a7 ,in   
general ,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#d7 of subsection 7a7 was a    

contributing factor in the unfavorable  
personnel action alleged in the         
complaint4  7,b7 ,rebuttal evidence     
,notwithstanding a finding by the       
,secretary of ,labor that the           
complainant has made the showing        
required under subparagraph 7,a71 no    
investigation otherwise required under  
paragraph 7#b7 shall be conducted1 if   
the labor organization demonstrates1 by 
clear and convincing evidence1 that the 
labor organization would have taken the 
same unfavorable personnel action in the
 absence of that behavior4  7,c7        
,evidentiary standards ,the ,secretary  
of ,labor may determine that a violation
 of subsection 7a7 has occurred only if 
the complainant demonstrates that any   
behavior described in paragraphs 7#a7   
through 7#d7 of subsection 7a7 was a    
contributing factor in the unfavorable  
personnel action alleged in the         
complaint4 ,relief may not be ordered   
under subparagraph 7,a7 if the labor    
organization demonstrates by clear and  

convincing evidence that the labor      
organization would have taken the same  
unfavorable personnel action in the     
absence of that behavior4  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 ,penalties  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 pay7 and   
restore the terms1 conditions1 and      
privileges associated with his or her   
employment2 and  7,,iii7 to provide     
compensatory damages to the complainant4
  7ii7 ,penalty ,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 ,penalty   
for 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 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 #baj 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 and  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 fees4  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 relief and  
compensatory 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 ,limitation of      
preemption ,nothing in this ,act shall  
be construed-- 7#a7 to limit the ability
 of members of a labor organization to  
remove their elected or appointed       
officials through a democratic election 
conducted among such members2 or  7#b7  
to preempt a ,state or local government 
from providing additional protections to
 employees of labor organizations who   
allege violations of subsection 7a71    
provided that such protections do not   
limit the ability of members of a labor 
organization to remove their elected or 
appointed officials through a democratic
 ballot4  7e7 ,unenforceability of      
certain agreements  7#a7 ,no waiver of  
rights and remedies ,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  7#b7 ,no        

predispute arbitration agreements       
,notwithstanding any other provision of 
law1 no predispute arbitration agreement
 shall be valid or enforceable to the   
extent that it requires arbitration of a
 dispute arising under this section4  4