Sec. 107. Enforcing compliance with orders of the Board
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Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) is further amended— by striking subsection (e); by redesignating subsection
(d)as subsection (e); 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 United States and may be recovered in a civil action brought by the Board to 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 action by the Board under this paragraph may be made until 30 days following the issuance of an order. Each separate violation of such 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 civil action 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 an 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 to such order; or enjoin such person or entity, officers, agents, or representatives to obedience to the same. ; in subsection (f)— 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)of this subsection ; by striking Any and inserting
(1)Within 30 days of the issuance of an order, any ; 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 a 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, 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. ; and in subsection (g), by striking subsection
(e)or
(f)of this section and inserting subsection
(d)or
(f). Section 18 of the National Labor Relations Act ( 29 U.S.C. 168 ) is amended by striking section 10(e) or
(f)and inserting subsection
(d)or
(f)of section 10 .
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