Sec. 4. Strengthening enforcement
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Section 10(l) of the National Labor Relations Act ( 29 U.S.C. 160(l) ) is amended— in the second sentence, by striking If, after such and inserting the following: If, after such ; and by striking the first sentence and inserting the following: Whenever it is charged— that any employer— discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8; threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7; while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B), or
(C)of section 8(b)(4), section 8(e), or section 8(b)(7); 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 referred. . Section 10(m) of the National Labor Relations Act ( 29 U.S.C. 160(m) ) is amended by inserting under circumstances not subject to section 10(l) after section 8 . Section 10(c) of the National Labor Relations Act ( 29 U.S.C. 160(c) ) is amended by striking and inserting And provided further, . Provided further , That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection
(a)of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further , Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ) is amended— by striking Any and inserting
(a)Any ; and by adding at the end the following: Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsection (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection
(a)of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest. .
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