Sec. 4. Strengthening remedies and enforcement for employees exercising their rights at work
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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 paragraph
(3)or
(4)of section 8(a) or has committed a violation of section 8(a) that results in the discharge of an employee or other serious economic loss to an employee, the Board shall award the employee back pay and an additional amount as liquidated damages equal to 2 times the amount of such back pay, without any reduction (including any reduction based on the employee’s interim earnings or failure to earn interim earnings): Provided further ,’’. Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ) is amended— by striking and inserting the following: Sec. 12. Any person Any person ; and by adding at the end the following: If the Board, or any agent or agency designated by the Board for such purposes, determines that an employer has willfully violated section 8(h), the Board shall— state the findings of fact supporting such determination; issue and cause to be served on such employer an order requiring that such employer post the notice described in such section and provide the information to new employees described in such section; and impose a civil penalty in an amount determined appropriate by the Board, except that in no case shall the amount of the fine exceed $500 for each such violation. Any employer who commits an unfair labor practice within the meaning of paragraph
(3)or
(4)of section 8(a) or a violation of section 8(a) that results in the discharge of an employee or other serious economic loss to an employee shall, in addition to any remedy ordered by the Board, be subject to a civil penalty. Such penalty shall be in an amount not to exceed $50,000 for each violation, except that the Board shall double the amount of such penalty, to an amount not to exceed $100,000, in any case where the employer has within the preceding 5 years committed another such violation. In determining the amount of any civil penalty under this subsection, the Board shall consider— the gravity of the unfair labor practice; the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, and on the public interest; and the size of the employer. If the Board determines, based on the particular facts and circumstances presented, that personal liability is warranted, a civil penalty for a violation described in this subsection may also be assessed against any officer or director of the employer who committed the violation or had the authority to prevent the violation. An employer shall be jointly and severally liable under this Act for any violations of this Act involving one or more employees supplied by another employer to perform labor within the employer's usual course of business, except for purposes of subsection (e). . Section 10(l) of the National Labor Relations Act ( 29 U.S.C. 160(l) ) is amended— by inserting after charged that the following: an employer has engaged in an unfair labor practice within the meaning of section 8(a) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed under section 7 and involves discharge or other serious economic harm to an employee or ; and by striking as it deems just and proper, notwithstanding any other provision of law: and inserting the following: to protect the rights guaranteed by section 7, notwithstanding any other provision of law. 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 claim: . Section 10(m) of the National Labor Relations Act ( 29 U.S.C. 160(m) ) is amended by inserting under circumstances not subject to subsection
(l)after section 8 . Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ), as amended by subsection (b), is further amended by adding at the end the following: Any person who is injured by reason of any violation of paragraph
(1)or
(3)of section 8(a) may, in addition to or in lieu of filing a charge alleging such unfair labor practice with the Board in accordance with this Act, bring a civil action in the appropriate district court of the United States against the employer within 180 days of the violation. Relief granted in an action under paragraph
(1)may include any relief authorized by section 706(g) of the Civil Rights Act of 1965 ( 42 U.S.C. 2000e–5(g) ) or by section 1977A(b) of the Revised Statutes ( 42 U.S.C. 1981a(b) ). In any action or proceeding under this subsection, the court may allow the prevailing party a reasonable attorney’s fee (including expert fees) as part of the costs. . Section 10(c) of the National Labor Relations Act ( 29 U.S.C. 160(c) ) is amended by striking suffered by him: and inserting suffered by such employee: . Provided further , That back pay shall not be denied on the basis that the employee is, or was during the time of relevant employment or during the back pay period, an unauthorized alien as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ) or any other provision of Federal law relating to the unlawful employment of aliens: Section 9(c) of the National Labor Relations Act ( 29 U.S.C. 159(c) ) is amended— by redesignating paragraphs
(4)and
(5)as paragraphs
(6)and (7), respectively; and by inserting after paragraph
(3)the following: If the Board finds that, in an election under paragraph (1), 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 organization, the Board shall issue an order requiring the employer to collectively bargain with the labor organization in accordance with section 8(d). If the Board finds that, in an election under paragraph (1), 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, the Board shall dismiss the petition, subject to subparagraphs
(B)and (C). In any case where 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 election, and has not demonstrated that the violation or other interference is unlikely to have affected the outcome of the election, the Board shall, without ordering a new or rerun election, issue an order requiring the employer to bargain with the labor organization in accordance with section 8(d) if, at any time during the period beginning 1 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 interference under subparagraph (A), a majority of the employees in the bargaining unit have signed authorizations designating the labor organization as their collective bargaining representative. In any case where the Board determines that an election under this paragraph should be set aside, the Board shall direct a rerun election with appropriate additional safeguards necessary to ensure a fair election process, except in cases where the Board issues a bargaining order under subparagraph (B). .
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- 42 USC 2000e–5(g)
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Sec. 4
Strengthening remedies and enforcement for employees exercising their rights at work
Cite42 USC 2000e–5(g)
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