,,ii  #aahth ,,congress  #ast ,session  
,s4 #gaj  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #h1 #bjbc,mr4
 ,brown 7for himself1 ,mr4 ,casey1 ,mr4 
,sanders1 ,ms4 ,baldwin1 ,mr4           
,blumenthal1 ,mr4 ,fetterman1 ,mr4      
,markey1 ,mr4 ,padilla1 ,ms4 ,smith1    
,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4   
,whitehouse1 and ,mr4 ,durbin7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,a ,,bill  ,to   
prohibit an employer from terminating   
the coverage of an employee under a     
group health plan while the employer is 
engaged in a lock-out or while the      
employee is engaged in a lawful strike1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,striking and ,locked ,out ,workers     
,healthcare ,protection ,act4  #b4      
,continuation of coverage under a group 
health plan during a lock-out or a      
lawful strike  7a7 ,lock-,out ,section  

#h7;a7 of the ,national ,labor          
,relations ,act 7#bi ,u4,s4,c4 #aeh7;a77
 is amended-- 7#a7 in paragraph 7#e71 by
 striking the period and inserting a    
semicolon2 and  7#b7 by adding at the   
end the following3  7#f7 to terminate or
 alter the coverage of an employee under
 a group health plan during the period  
that such employer is taking action to  
lock-out1 suspend1 or otherwise withhold
 employment from the employee in order  
to influence the position of such       
employee or the representative of such  
employee in collective bargaining prior 
to a strike2 and  4  7b7 ,strike        
,section #h7;a7 of such ,act 7#bi       
,u4,s4,c4 #aeh7;a771 as so amended1 is  
further amended by adding at the end the
 following3  7#g7 to terminate or alter 
the coverage of an employee under a     
group health plan during the period that
 such employee is engaged in a lawful   
strike4  4  7c7 ,definition of group    
health plan ,section #b of the ,national
 ,labor ,relations ,act 7#bi ,u4,s4,c4  

#aeb7 is amended by adding at the end   
the following3  7#ae7 ,the term group   
health plan has the meaning given the   
term under section #fjg7a7 of the       
,employee ,retirement ,income ,security 
,act of #aigd 7#bi ,u4,s4,c4 #aafg7a774 
4  #c4 ,penalties ,section #ab of the   
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #afb7 is amended-- 7#a7 by    
striking ,sec4 #ab4 ,any person and     
inserting the following3  #ab4          
,penalties  7a7 ,violations for         
interference with the board ,any person 
2 and  7#b7 by adding at the end the    
following3  7b7 ,civil penalties for    
unfair labor practices related to       
coverage under a group health plan      
during a lock-,out ,any employer who    
commits an unfair labor practice within 
the meaning of section #h7;a77#f7 shall 
be subject to a civil penalty in an     
amount not to exceed #ge1jjj for each   
violation1 except that1 with respect to 
such an unfair labor practice that      
coincides with the discharge of an      

employee or that results in other       
serious economic harm to an employee1   
the ,board shall double the amount of   
such penalty1 to an amount not to exceed
 #aej1jjj1 in any case where the        
employer has within the preceding #e    
years committed another violation of    
section #h7;a77#f74 ,a civil penalty    
under this subsection shall be in       
addition to any other remedy ordered by 
the ,board4  7c7 ,civil penalties for   
unfair labor practices related to       
coverage under a group health plan      
during a lawful strike ,any employer who
 commits an unfair labor practice within
 the meaning of section #h7;a77#g7 shall
 be subject to a civil penalty in an    
amount not to exceed #ej1jjj for each   
violation1 except that1 with respect to 
such an unfair labor practice that      
coincides with the discharge of an      
employee or that results in other       
serious economic harm to an employee1   
the ,board shall double the amount of   
such penalty1 to an amount not to exceed

 #ajj1jjj1 in any case where the        
employer has within the preceding #e    
years committed another violation of    
section #h7;a77#g74 ,a civil penalty    
under this subsection shall be in       
addition to any other remedy ordered by 
the ,board4  7d7 ,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 subsection 7b7 or
 7c7 may also be assessed against any   
director or officer of the employer who 
directed or committed the violation1 or 
had actual or constructive knowledge of 
and the authority to prevent the        
violation and failed to prevent the     
violation4  7e7 ,considerations ,in     
determining the amount of any civil     
penalty under subsection 7b71 7c71 or   
7d71 the ,board shall consider-- 7#a7   
the gravity of the actions of the       
employer resulting in the penalty1      

including the impact of such actions on 
the charging party or on other persons  
seeking to exercise rights guaranteed by
 this ,act2  7#b7 the size of the       
employer2  7#c7 the history of previous 
unfair labor practices or other actions 
by the employer resulting in a penalty2 
and  7#d7 the public interest4  4