Sec. 5. Modernization
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Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is amended by adding at the end the following: The Board shall promulgate regulations requiring each employer to post and maintain, in conspicuous places where notices to employees and applicants for employment are customarily posted both physically and electronically, a notice setting forth the rights and protections afforded employees under this Act. The Board shall provide to employers the form and text of such notice.
The Board shall promulgate regulations requiring employers to notify each new employee of the information contained in the notice described in paragraph (1). . Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) is amended— by striking subsection (e); by redesignating subsection
(d)as subsection (e); and by inserting after subsection
(c)the following: Each order of the Board shall take effect upon issuance of such order, unless otherwise directed by the Board, and shall remain in effect unless modified by the Board or unless a court of competent jurisdiction issues a superseding order. 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 $10,000 for each violation, which shall accrue to the Board and may be recovered in a civil action brought by the Board in the district court of the United States in which the unfair labor practice or other subject of the order occurred, or in which such person or entity resides or transacts business. No such civil action may be brought by the Board prior to 30 days after the issuance of the order. Each separate violation of an order shall be a separate offense, except that, in the case of a violation in which a person fails to obey or neglects to obey a final order of the Board, each day such failure or neglect continues shall be deemed a separate offense. If, after having provided a person or entity with notice and an opportunity to be heard regarding a request under paragraph
(2)for the enforcement of an order, the court determines that the order was regularly made and duly served, and that the person or entity is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to— restrain such person or entity or the officers, agents, or representatives of such person or entity, from further disobedience of such order; or enjoin upon such person or entity, officers, agents, or representatives obedience to the same. ; and in subsection (f)— by striking Any and all that follows through the relief sought and inserting the following:
(1)Within 30 days of the issuance of a final order of the Board granting or denying in whole or in part the relief sought, any person aggrieved by such order ; by striking proceed in the same manner as in the case of an application by the Board under subsection
(e)of this section and inserting proceed as provided under paragraph
(2); and by adding at the end the following: No objection that has not been urged before the Board, its member, agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. 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 conclusive. 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 Board, its member, agent, or agency, the court may order such additional evidence to be taken before the Board, its member, agent, or agency, and to be made a part of the record. The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the appropriate United States court of appeals if application was made to the district court as hereinabove provided, and by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28, United States Code. . The National Labor Relations Act is amended— in section 9(d) ( 29 U.S.C. 29 U.S.C. 159(d)), by striking 10(e) or ; in section 10(g) ( 29 U.S.C. 160(g) ), by striking
(e)or ; and in section 18 ( 29 U.S.C. 168 ), by striking
(e)or .
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- 29 USC 29
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