Sec. 21006. Penalties under the National Labor Relations Act
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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: Any employer who commits an unfair labor practice within the meaning of section 8(a) affecting commerce shall be subject to a civil penalty in an amount not to exceed $50,000 for each such violation, except that, with respect to such an unfair labor practice within the meaning of paragraph
(3)or
(4)of section 8(a) or such a violation of section 8(a) that results in the discharge of an employee or other serious economic harm to an employee, 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 of such paragraph
(3)or
(4)or such violation of section 8(a) that results in such discharge or other serious economic harm. A civil penalty under this paragraph shall be in addition to any other remedy ordered by the Board. In determining the amount of any civil penalty under this section, the Board shall consider— the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; the size of the employer; the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and the public interest. If the Board determines, based on the particular facts and circumstances presented, that a director or officer’s personal liability is warranted, a civil penalty for a violation described in this section may also be assessed against any director or officer of the employer who directed or committed the violation, had established a policy that led to such a violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation. . The amendments made by this section shall take effect on January 1, 2022.
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Sec. 21006
Penalties under the National Labor Relations Act
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