H.R. 20

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 20 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 20

To amend the National Labor Relations Act, the Labor Management 
Relations Act, 1947, and the Labor-Management Reporting and Disclosure 
Act of 1959, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 5, 2025

Mr. Scott of Virginia (for himself, Mr. Fitzpatrick, Ms. Brown, Ms. 
Moore of Wisconsin, Ms. Williams of Georgia, Ms. Norton, Ms. Tlaib, Mr. 
Bishop, Mrs. McIver, Ms. Titus, Ms. Bonamici, Mr. Keating, Mr. 
McGovern, Mr. Thompson of Mississippi, Ms. Lofgren, Ms. DeLauro, Ms. 
Ansari, Mr. Mrvan, Mr. Garamendi, Ms. Budzinski, Ms. Kaptur, Mrs. 
Ramirez, Ms. Johnson of Texas, Mr. McGarvey, Mr. Schneider, Mr. Takano, 
Mrs. Dingell, Mr. Sorensen, Mr. Carson, Ms. Sanchez, Mr. Mullin, Ms. 
McBride, Mr. Carter of Louisiana, Mr. Gottheimer, Ms. Sherrill, Mr. 
Golden of Maine, Ms. Scholten, Mr. Tonko, Mr. Deluzio, Mr. Norcross, 
Ms. Scanlon, Mr. Pocan, Mr. Casar, Ms. Stevens, Ms. Clarke of New York, 
Ms. Salinas, Mr. Menendez, Ms. Adams, Mr. Grijalva, Mrs. McBath, Ms. 
Wilson of Florida, Ms. Stansbury, Ms. Craig, Mrs. Hayes, Mr. Soto, Ms. 
Schakowsky, Mr. Davis of North Carolina, Mr. Thanedar, Mr. Mannion, Ms. 
Omar, Mr. Vindman, Mr. DeSaulnier, Mrs. Cherfilus-McCormick, Ms. 
Tokuda, Mrs. Sykes, Mr. Latimer, Ms. Hoyle of Oregon, Mr. Johnson of 
Georgia, Ms. Gillen, Ms. Lee of Pennsylvania, Ms. Jayapal, Ms. Perez, 
Mr. Kennedy of New York, Ms. Dexter, Mr. Riley of New York, Mr. 
Horsford, Mr. Goldman of New York, Mr. Sherman, Mr. Lynch, Ms. 
Barragan, Mr. Green of Texas, Ms. Meng, Ms. Elfreth, Ms. Randall, Mr. 
Larson of Connecticut, Mr. Beyer, Mr. Cisneros, Mr. Thompson of 
California, Mr. Lieu, Mr. Conaway, Ms. Bynum, Mr. Landsman, Ms. Chu, 
Ms. Houlahan, Mr. Ryan, Mr. Swalwell, Mr. Jeffries, Mrs. Trahan, Ms. 
McCollum, Mr. Torres of New York, Ms. Velazquez, Mr. Nadler, Ms. 
Ocasio-Cortez, Mr. Castro of Texas, Mr. Evans of Pennsylvania, Mr. 
David Scott of Georgia, Ms. Pingree, Mr. Quigley, Mr. Ruiz, Mrs. 
Foushee, Mr. Ivey, Mr. Magaziner, Ms. Wasserman Schultz, Mr. Cleaver, 
Mr. Doggett, Ms. Morrison, Mr. Gomez, Mr. Boyle of Pennsylvania, Mr. 
Krishnamoorthi, Mr. Case, Mr. Frost, Ms. Davids of Kansas, Mr. Veasey, 
Ms. Ross, Mr. Garcia of Illinois, Mr. Amo, Ms. DeGette, Mr. Raskin, Ms. 
Clark of Massachusetts, Mr. Crow, Mr. Bell, Ms. Balint, Ms. DelBene, 
Mr. Carbajal, Mr. Vargas, Ms. Jacobs, Mr. Panetta, Mr. Foster, Ms. 
Matsui, Ms. McClellan, Mr. Pallone, Ms. Strickland, Ms. Pettersen, Mr. 
Smith of Washington, Ms. Lee of Nevada, Mr. Moulton, Mrs. Beatty, Ms. 
Brownley, Mr. Harder of California, Mr. Subramanyam, Mr. Hoyer, Mr. 
Olszewski, Mrs. Torres of California, Ms. Lois Frankel of Florida, Ms. 
Dean of Pennsylvania, Ms. McDonald Rivet, Mrs. McClain Delaney, Mr. 
Mfume, Ms. Pou, Ms. Friedman, Mr. Min, Mr. Neal, Ms. Waters, Ms. Kelly 
of Illinois, Ms. Goodlander, Mr. Garcia of California, Ms. Escobar, Mr. 
Meeks, Mr. Casten, Mrs. Watson Coleman, Mr. Moskowitz, Ms. Garcia of 
Texas, Mr. Morelle, Ms. Sewell, Mr. Khanna, Mr. Jackson of Illinois, 
Mr. Larsen of Washington, Mr. Aguilar, Ms. Crockett, Ms. Schrier, Mr. 
Espaillat, Mr. Stanton, Ms. Simon, Mr. Vasquez, Ms. Leger Fernandez, 
Mr. Huffman, Ms. Rivas, Mrs. Fletcher, Mr. Suozzi, Mr. Himes, Mr. 
Figures, Mr. Tran, Mr. Peters, Ms. Kamlager-Dove, Mr. Davis of 
Illinois, Ms. Castor of Florida, Ms. Pressley, Mr. Courtney, Ms. 
Pelosi, Mr. Neguse, Mr. Levin, Mr. Gray, Mr. Connolly, Mr. Whitesides, 
Mr. Bera, Mr. Pappas, Ms. Plaskett, Ms. Underwood, Mr. Cohen, and Mr. 
Smith of New Jersey) introduced the following bill; which was referred 
to the Committee on Education and Workforce

_______________________________________________________________________

A BILL

To amend the National Labor Relations Act, the Labor Management 
Relations Act, 1947, and the Labor-Management Reporting and Disclosure 
Act of 1959, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Richard L. Trumka 
Protecting the Right to Organize Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT

Sec. 101. Definitions.
Sec. 102. Reports.
Sec. 103. Appointment.
Sec. 104. Unfair labor practices.
Sec. 105. Representatives and elections.
Sec. 106. Damages for unfair labor practices.
Sec. 107. Enforcing compliance with orders of the board.
Sec. 108. Injunctions against unfair labor practices involving 
discharge or other serious economic harm.
Sec. 109. Penalties.
Sec. 110. Limitations on the right to strike.
Sec. 111. Fair share agreements permitted.
TITLE II--AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947, AND 
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959

Sec. 201. Conforming amendments to the Labor Management Relations Act, 
1947.
Sec. 202. Amendments to the Labor-Management Reporting and Disclosure 
Act of 1959.
TITLE III--OTHER MATTERS

Sec. 301. Electronic voting in Union elections.
Sec. 302. GAO report on sectoral bargaining.
Sec. 303. Severability.
Sec. 304. Authorization of appropriations.
Sec. 305. Rule of Construction.
Sec. 306. Rule of Construction.
Sec. 307. Rule of Construction.
Sec. 308. Rule of Construction.
Sec. 309. GAO Report.

TITLE I--AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT

SEC. 101. DEFINITIONS.

(a) Joint Employer.--Section 2(2) of the National Labor Relations 
Act (29 U.S.C. 152(2)) is amended by adding at the end the following: 
``Two or more persons shall be employers with respect to an employee if 
each such person codetermines or shares control over the employee's 
essential terms and conditions of employment. In determining whether 
such control exists, the Board or a court of competent jurisdiction 
shall consider as relevant direct control and indirect control over 
such terms and conditions, reserved authority to control such terms and 
conditions, and control over such terms and conditions exercised by a 
person in fact: Provided, That nothing herein precludes a finding that 
indirect or reserved control standing alone can be sufficient given 
specific facts and circumstances.''.
(b) Employee.--Section 2(3) of the National Labor Relations Act (29 
U.S.C. 152(3)) is amended by adding at the end the following: ``An 
individual performing any service shall be considered an employee 
(except as provided in the previous sentence) and not an independent 
contractor, unless--
``(A) the individual is free from control and 
direction in connection with the performance of the 
service, both under the contract for the performance of 
service and in fact;
``(B) the service is performed outside the usual 
course of the business of the employer; and
``(C) the individual is customarily engaged in an 
independently established trade, occupation, 
profession, or business of the same nature as that 
involved in the service performed.''.
(c) Supervisor.--Section 2(11) of the National Labor Relations Act 
(29 U.S.C. 152(11)) is amended--
(1) by inserting ``and for a majority of the individual's 
worktime'' after ``interest of the employer'';
(2) by striking ``assign,''; and
(3) by striking ``or responsibly to direct them,''.

SEC. 102. REPORTS.

Section 3(c) of the National Labor Relations Act (29 U.S.C. 153(c)) 
is amended--
(1) by striking ``The Board'' and inserting ``(1) The 
Board''; and
(2) by adding at the end the following:
``(2) Effective January 1, 2027, section 3003 of the Federal 
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 
U.S.C. 1113 note) shall not apply with respect to reports required 
under this subsection.
``(3) Each report issued under this subsection shall--
``(A) include no less detail than reports issued by the Board prior 
to the termination of such reports under section 3003 of the Federal 
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 
U.S.C. 1113 note);
``(B) list each case in which the Designated Agency Ethics Official 
provided advice regarding whether a Member should be recused from 
participating in a case or rulemaking; and
``(C) list each case in which the Designated Agency Ethics Official 
determined that a Member should be recused from participating in a case 
or rulemaking.''.

SEC. 103. APPOINTMENT.

Section 4(a) of the National Labor Relations Act (29 U.S.C. 154(a)) 
is amended by striking ``, or for economic analysis''.

SEC. 104. UNFAIR LABOR PRACTICES.

Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking the period and 
inserting ``;''; and
(B) by adding at the end the following:
``(6) to promise, threaten, or take any action--
``(A) to permanently replace an employee who 
participates in a strike as defined by section 501(2) 
of the Labor Management Relations Act, 1947 (29 U.S.C. 
142(2));
``(B) to discriminate against an employee who is 
working or has unconditionally offered to return to 
work for the employer because the employee supported or 
participated in such a strike; or
``(C) to lockout, suspend, or otherwise withhold 
employment from employees in order to influence the 
position of such employees or the representative of 
such employees in collective bargaining prior to a 
strike; and
``(7) to communicate or misrepresent to an employee under 
section 2(3) that such employee is excluded from the definition 
of employee under section 2(3).'';
(2) in subsection (b)--
(A) by striking paragraphs (4) and (7);
(B) by redesignating paragraphs (5) and (6) as 
paragraphs (4) and (5), respectively;
(C) in paragraph (4), as so redesignated, by 
striking ``affected;'' and inserting ``affected; and''; 
and
(D) in paragraph (5), as so redesignated, by 
striking ``; and'' and inserting a period;
(3) in subsection (c), by striking the period at the end 
and inserting the following: ``: Provided, That it shall be an 
unfair labor practice under subsection (a)(1) for any employer 
to require or coerce an employee to attend or participate in 
such employer's campaign activities unrelated to the employee's 
job duties, including activities that are subject to the 
requirements under section 203(b) of the Labor-Management 
Reporting and Disclosure Act of 1959 (29 U.S.C. 433(b)).'';
(4) in subsection (d)--
(A) by redesignating paragraphs (1) through (4) as 
subparagraphs (A) through (D), respectively;
(B) by striking ``For the purposes of this 
section'' and inserting ``(1) For purposes of this 
section'';
(C) by inserting ``and to maintain current wages, 
hours, and terms and conditions of employment pending 
an agreement'' after ``arising thereunder'';
(D) by inserting ``Provided, That an employer's 
duty to collectively bargain shall continue absent 
decertification of the labor organization following an 
election conducted pursuant to section 9:'' after 
``making of a concession:'';
(E) by inserting ``further'' before ``, That where 
there is in effect'';
(F) by striking ``The duties imposed'' and 
inserting ``(2) The duties imposed'';
(G) by striking ``by paragraphs (2), (3), and (4)'' 
and inserting ``by subparagraphs (B), (C), and (D) of 
paragraph (1)'';
(H) by striking ``section 8(d)(1)'' and inserting 
``paragraph (1)(A)'';
(I) by striking ``section 8(d)(3)'' and inserting 
``paragraph (1)(C)'' in each place it appears;
(J) by striking ``section 8(d)(4)'' and inserting 
``paragraph (1)(D)''; and
(K) by adding at the end the following:
``(3) Whenever collective bargaining is for the purpose of 
establishing an initial collective bargaining agreement following 
certification or recognition of a labor organization, the following 
shall apply:
``(A) Not later than 10 days after receiving a written 
request for collective bargaining from an individual or labor 
organization that has been newly recognized or certified as a 
representative as defined in section 9(a), or within such 
further period as the parties agree upon, the parties shall 
meet and commence to bargain collectively and shall make every 
reasonable effort to conclude and sign a collective bargaining 
agreement.
``(B) If after the expiration of the 90-day period 
beginning on the date on which bargaining is commenced, or such 
additional period as the parties may agree upon, the parties 
have failed to reach an agreement, either party may notify the 
Federal Mediation and Conciliation Service of the existence of 
a dispute and request mediation. Whenever such a request is 
received, it shall be the duty of the Service promptly to put 
itself in communication with the parties and to use its best 
efforts, by mediation and conciliation, to bring them to 
agreement.
``(C) If after the expiration of the 30-day period 
beginning on the date on which the request for mediation is 
made under subparagraph (B), or such additional period as the 
parties may agree upon, the Service is not able to bring the 
parties to agreement by conciliation, the Service shall refer 
the dispute to a tripartite arbitration panel established in 
accordance with such regulations as may be prescribed by the 
Service, with one member selected by the labor organization, 
one member selected by the employer, and one neutral member 
mutually agreed to by the parties. The labor organization and 
employer must each select the members of the tripartite 
arbitration panel within 14 days of the Service's referral; if 
the labor organization or employer fail to do so, the Service 
shall designate any members not selected by the labor 
organization or the employer. A majority of the tripartite 
arbitration panel shall render a decision settling the dispute 
as soon as practicable and not later than within 120 days, 
absent extraordinary circumstances or by agreement or 
permission of the parties, and such decision shall be binding 
upon the parties for a period of 2 years, unless amended during 
such period by written consent of the parties. Such decision 
shall be based on--
``(i) the employer's financial status and 
prospects;
``(ii) the size and type of the employer's 
operations and business;
``(iii) the employees' cost of living;
``(iv) the employees' ability to sustain 
themselves, their families, and their dependents on the 
wages and benefits they earn from the employer; and
``(v) the wages and benefits other employers in the 
same business provide their employees.'';
(5) by amending subsection (e) to read as follows:
``(e) Notwithstanding chapter 1 of title 9, United States Code 
(commonly known as the `Federal Arbitration Act'), or any other 
provision of law, it shall be an unfair labor practice under subsection 
(a)(1) for any employer--
``(1) to enter into or attempt to enforce any agreement, 
express or implied, whereby prior to a dispute to which the 
agreement applies, an employee undertakes or promises not to 
pursue, bring, join, litigate, or support any kind of joint, 
class, or collective claim arising from or relating to the 
employment of such employee in any forum that, but for such 
agreement, is of competent jurisdiction;
``(2) to coerce an employee into undertaking or promising 
not to pursue, bring, join, litigate, or support any kind of 
joint, class, or collective claim arising from or relating to 
the employment of such employee; or
``(3) to retaliate or threaten to retaliate against an 
employee for refusing to undertake or promise not to pursue, 
bring, join, litigate, or support any kind of joint, class, or 
collective claim arising from or relating to the employment of 
such employee: Provided, That any agreement that violates this 
subsection or results from a violation of this subsection shall 
be to such extent unenforceable and void: Provided further, 
That this subsection shall not apply to any agreement embodied 
in or expressly permitted by a contract between an employer and 
a labor organization.'';
(6) in subsection (g), by striking ``clause (B) of the last 
sentence of section 8(d) of this Act'' and inserting 
``subsection (d)(2)(B)''; and
(7) by adding at the end the following:
``(h)(1) 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 make 
available to the public 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 the 
preceding two sentences and to ensure that such notice is provided to 
employees in a language spoken by such employees.
``(2) Whenever the Board directs an election under section 9(c) or 
approves an election agreement, the employer of employees in the 
bargaining unit shall, not later than 2 business days after the Board 
directs such election or approves such election agreement, provide a 
voter list to a labor organization that has petitioned to represent 
such employees. Such voter list shall include the names of all 
employees in the bargaining unit and such employees' home addresses, 
work locations, shifts, job classifications, and, if available to the 
employer, personal landline and mobile telephone numbers, work email 
addresses, and personal email addresses; the voter list must be 
provided in a searchable electronic format generally approved by the 
Board unless the employer certifies that the employer does not possess 
the capacity to produce the list in the required form. Not later than 9 
months after the date of enactment of the Richard L. Trumka Protecting 
the Right to Organize Act of 2025, the Board shall promulgate 
regulations implementing the requirements of this paragraph.
``(i) The rights of an employee under section 7 include the right 
to use electronic communication devices and systems (including 
computers, laptops, tablets, internet access, email, cellular 
telephones, or other company equipment) of the employer of such 
employee to engage in activities protected under section 7 if such 
employer has given such employee access to such devices and systems in 
the course of the work of such employee, absent a compelling business 
rationale for denying or limiting such use.''.

SEC. 105. REPRESENTATIVES AND ELECTIONS.

Section 9 of the National Labor Relations Act (29 U.S.C. 159) is 
amended--
(1) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) Whenever a petition shall have been filed, in accordance with 
such regulations as may be prescribed by the Board, by an employee or 
group of employees or any individual or labor organization acting in 
their behalf alleging that a substantial number of employees (i) wish 
to be represented for collective bargaining and that their employer 
declines to recognize their representative as the representative 
defined in section 9(a), or (ii) assert that the individual or labor 
organization, which has been certified or is being recognized by their 
employer as the bargaining representative, is no longer a 
representative as defined in section 9(a), the Board shall investigate 
such petition and if it has reasonable cause to believe that a question 
of representation affecting commerce exists shall provide for an 
appropriate hearing upon due notice. Such hearing may be conducted by 
an officer or employee of the regional office, who shall not make any 
recommendations with respect thereto. If the Board finds upon the 
record of such hearing that such a question of representation exists, 
it shall direct an election by secret ballot and shall certify the 
results thereof. The Board shall find the labor organization's proposed 
unit to be appropriate if the employees in the proposed unit share a 
community of interest, and if the employees outside the unit do not 
share an overwhelming community of interest with employees inside. At 
the request of the labor organization, the Board shall direct that the 
election be conducted through mail, electronically, at the work 
location, or at a location other than one owned or controlled by the 
employer. No employer shall have standing as a party or to intervene in 
any representation proceeding under this section.'';
(B) in paragraph (3), by striking ``an economic 
strike who are not entitled to reinstatement'' and 
inserting ``a strike'';
(C) by redesignating paragraphs (4) and (5) as 
paragraphs (6) and (7), respectively;
(D) by inserting after paragraph (3) the following:
``(4) 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 certify the labor organization 
as the representative of the employees in such unit and shall issue an 
order requiring the employer of such employees to collectively bargain 
with the labor organization in accordance with section 8(d). This order 
shall be deemed an order under section 10(c) of this Act, without need 
for a determination of an unfair labor practice.
``(5)(A) 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 certify the 
results of the election, subject to subparagraphs (B) and (C).
``(B) In any case in which 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, following a post-election hearing, that the employer has 
committed a violation of this Act or otherwise interfered with a fair 
election, and the employer 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 election, set aside 
the election and certify the labor organization as the representative 
of the employees in such unit and 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, 
a majority of the employees in the bargaining unit have signed 
authorizations designating the labor organization as their collective 
bargaining representative.
``(C) In any case where the Board determines that an election under 
this paragraph should be set aside, the Board shall direct a new 
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).''; and
(E) by inserting after paragraph (7), as so 
redesignated, the following:
``(8) Except under extraordinary circumstances--
``(A) a pre-election hearing under this subsection shall 
begin not later than 8 days after a notice of such hearing is 
served on the labor organization and shall continue from day to 
day until completed;
``(B) a regional director shall transmit the notice of 
election at the same time as the direction of election, and 
shall transmit such notice and such direction electronically 
(including transmission by email or facsimile) or by overnight 
mail if electronic transmission is unavailable;
``(C) not later than 2 days after the service of the notice 
of hearing, the employer shall--
``(i) post the Notice of Petition for Election in 
conspicuous places, including all places where notices 
to employees are customarily posted;
``(ii) if the employer customarily communicates 
with employees electronically, distribute such Notice 
electronically; and
``(iii) maintain such posting until the petition is 
dismissed or withdrawn or the Notice of Petition for 
Election is replaced by the Notice of Election;
``(D) regional directors shall schedule elections for the 
earliest date practicable, but not later than the 20th business 
day after the direction of election; and
``(E) a post-election hearing under this subsection shall 
begin not later than 14 days after the filing of objections, if 
any.'';
(2) in subsection (d), by striking ``(e) or'' and inserting 
``(d) or''; and
(3) by adding at the end the following:
``(f) The Board shall dismiss any petition for an election with 
respect to a bargaining unit or any subdivision if, during the 12-month 
period ending on the date on which the petition is filed--
``(1) the employer has recognized a labor organization 
without an election and in accordance with this Act;
``(2) the labor organization and employer engaged in their 
first bargaining session following the issuance of a bargaining 
order by the Board; or
``(3) the labor organization and successor employer engaged 
in their first bargaining session following a succession.
``(g) The Board shall dismiss any petition for an election with 
respect to a bargaining unit or any subdivision if there is in effect a 
lawful written collective bargaining agreement between the employer and 
an exclusive representative covering any employees in the unit 
specified in the petition, unless the petition is filed--
``(1) on or after the date that is 3 years after the date 
on which the collective bargaining agreement took effect; or
``(2) during the 30-day period beginning on the date that 
is 90 days before the date that is 3 years after the date on 
which the collective bargaining agreement took effect.
``(h) The Board shall suspend the processing of any petition for an 
election with respect to a bargaining unit or any subdivision if a 
labor organization files an unfair labor practice charge alleging a 
violation of section 8(a) and requesting the suspension of a pending 
petition until the unlawful conduct, if any, is remedied or the charge 
is dismissed unless the Board determines that employees can, under the 
circumstances, exercise free choice in an election despite the unlawful 
conduct alleged in the charge.''.

SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES.

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 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 harm to an employee, the Board shall award the 
employee back pay without any reduction (including any reduction based 
on the employee's interim earnings or failure to earn interim 
earnings), front pay (when appropriate), full compensation for all 
direct or foreseeable pecuniary harms suffered as a result of the 
respondent's unfair labor practice, and an additional amount as 
liquidated damages equal to two times the amount of damages awarded: 
Provided further, no relief under this subsection shall 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''.

SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE BOARD.

(a) In General.--Section 10 of the National Labor Relations Act (29 
U.S.C. 160) is further amended--
(1) by striking subsection (e);
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d)(1) Each order of the Board shall be self-enforcing upon 
issuance of such order, unless otherwise directed by the Board, and 
shall remain self-enforcing unless modified by the Board or unless a 
court of competent jurisdiction issues a superseding order.
``(2) 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.
``(3) 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--
``(A) restrain such person or entity or the officers, 
agents, or representatives of such person or entity, from 
further disobedience to such order; or
``(B) enjoin such person or entity, officers, agents, or 
representatives to obedience to the same.'';
(4) in subsection (f)--
(A) 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'';
(B) by striking ``Any'' and inserting the 
following:
``(1) Within 30 days of the issuance of an order, any''; 
and
(C) by adding at the end the following:
``(2) 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
(5) in subsection (g), by striking ``subsection (e) or (f) 
of this section'' and inserting ``subsection (d) or (f)''.
(b) Conforming Amendment.--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''.

SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRACTICES INVOLVING 
DISCHARGE OR OTHER SERIOUS ECONOMIC HARM.

Section 10 of the National Labor Relations Act (29 U.S.C. 160) is 
amended--
(1) in subsection (j)--
(A) by striking ``The Board'' and inserting ``(1) 
The Board''; and
(B) by adding at the end the following:
``(2) Notwithstanding subsection (m), whenever it is charged that 
an employer has engaged in an unfair labor practice within the meaning 
of paragraph (1), (3), or (4) of section 8(a) that significantly 
interferes with, restrains, or coerces employees in the exercise of the 
rights guaranteed under section 7, or involves discharge or other 
serious economic harm to an employee, 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. If, after such investigation, the officer or 
regional attorney to whom the matter may be referred has reasonable 
cause to believe such charge is true and that a complaint should issue, 
such officer or attorney shall bring a petition for appropriate 
temporary relief or restraining order as set forth in paragraph (1). 
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.''; and
(2) by repealing subsections (k) and (l).

SEC. 109. PENALTIES.

(a) In General.--Section 12 of the National Labor Relations Act (29 
U.S.C. 162) is amended--
(1) by striking ``Sec. 12. Any person'' and inserting the 
following:

``SEC. 12. PENALTIES.

``(a) Violations for Interference With Board.--Any person''; and
(2) by adding at the end the following:
``(b) Violations for Posting Requirements and Voter List.--If the 
Board, or any agent or agency designated by the Board for such 
purposes, determines that an employer has violated section 8(h) or 
regulations issued thereunder, the Board shall--
``(1) state the findings of fact supporting such 
determination;
``(2) issue and cause to be served on such employer an 
order requiring that such employer comply with section 8(h) or 
regulations issued thereunder; and
``(3) impose a civil penalty in an amount determined 
appropriate by the Board, except that in no case shall the 
amount of such penalty exceed $500 for each such violation.
``(c) Civil Penalties for Violations.--
``(1) In general.--Any employer who commits an unfair labor 
practice within the meaning of section 8(a) shall, in addition 
to any remedy ordered by the Board, be subject to a civil 
penalty in an amount not to exceed $50,000 for each violation, 
except that, with respect to 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 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.
``(2) Considerations.--In determining the amount of any 
civil penalty under this subsection, the Board shall consider--
``(A) the gravity of the unfair labor practice;
``(B) 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
``(C) the gross income of the employer.
``(3) Director and officer liability.--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 
subsection 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.
``(d) Right to Civil Action.--
``(1) In general.--Any person who is injured by reason of a 
violation of paragraph (1), (3), or (4) of section 8(a) may, 
after 60 days following the filing of a charge with the Board 
alleging an unfair labor practice, bring a civil action in the 
appropriate district court of the United States against the 
employer within 90 days after the expiration of the 60-day 
period or the date the Board notifies the person that no 
complaint shall issue, whichever occurs earlier, provided that 
the Board has not filed a petition under section 10(j) of this 
Act prior to the expiration of the 60-day period. No relief 
under this subsection shall 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.
``(2) Available relief.--Relief granted in an action under 
paragraph (1) may include--
``(A) back pay without any reduction, including any 
reduction based on the employee's interim earnings or 
failure to earn interim earnings;
``(B) front pay (when appropriate);
``(C) all direct or foreseeable pecuniary harms 
suffered as a result of the unfair labor practice;
``(D) an additional amount as liquidated damages 
equal to two times the cumulative amount of damages 
awarded under subparagraphs (A) through (C);
``(E) in appropriate cases, punitive damages in 
accordance with paragraph (4); and
``(F) any other relief authorized by section 706(g) 
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)) 
or by section 1977A(b) of the Revised Statutes (42 
U.S.C. 1981a(b)).
``(3) Attorney's fees.--In any civil action under this 
subsection, the court may allow the prevailing party a 
reasonable attorney's fee (including expert fees) and other 
reasonable costs associated with maintaining the action.
``(4) Punitive damages.--In awarding punitive damages under 
paragraph (2)(E), the court shall consider--
``(A) the gravity of the unfair labor practice;
``(B) 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
``(C) the gross income of the employer.''.
(b) Conforming Amendments.--Section 10(b) of the National Labor 
Relations Act (29 U.S.C. 160(b)) is amended--
(1) by striking ``six months'' and inserting ``180 days''; 
and
(2) by striking ``the six-month period'' and inserting 
``the 180-day period''.

SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE.

Section 13 of the National Labor Relations Act (29 U.S.C. 163) is 
amended by striking the period at the end and inserting the following: 
``: Provided, That the duration, scope, frequency, or intermittence of 
any strike or strikes shall not render such strike or strikes 
unprotected or prohibited.''.

SEC. 111. FAIR SHARE AGREEMENTS PERMITTED.

Section 14(b) of the National Labor Relations Act (29 U.S.C. 
164(b)) is amended by striking the period at the end and inserting the 
following: ``: Provided, That collective bargaining agreements 
providing that all employees in a bargaining unit shall contribute fees 
to a labor organization for the cost of representation, collective 
bargaining, contract enforcement, and related expenditures as a 
condition of employment shall be valid and enforceable notwithstanding 
any State or Territorial law.''.

TITLE II--AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947, AND 
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959

SEC. 201. CONFORMING AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 
1947.

The Labor Management Relations Act, 1947, is amended--
(1) in section 213(a) (29 U.S.C. 183(a)), by striking 
``clause (A) of the last sentence of section 8(d) (which is 
required by clause (3) of such section 8(d)), or within 10 days 
after the notice under clause (B)'' and inserting ``section 
8(d)(2)(A) of the National Labor Relations Act (which is 
required by section 8(d)(1)(C) of such Act), or within 10 days 
after the notice under section 8(d)(2)(B) of such Act''; and
(2) by repealing section 303 (29 U.S.C. 187).

SEC. 202. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE 
ACT OF 1959.

(a) In General.--Section 203(c) of the Labor-Management Reporting 
and Disclosure Act of 1959 (29 U.S.C. 433(c)) is amended by striking 
the period at the end and inserting the following ``: Provided, That 
this subsection shall not exempt from the requirements of this section 
any arrangement or part of an arrangement in which a party agrees, for 
an object described in subsection (b)(1), to plan or conduct employee 
meetings; train supervisors or employer representatives to conduct 
meetings; coordinate or direct activities of supervisors or employer 
representatives; establish or facilitate employee committees; identify 
employees for disciplinary action, reward, or other targeting; or draft 
or revise employer personnel policies, speeches, presentations, or 
other written, recorded, or electronic communications to be delivered 
or disseminated to employees.''.
(b) Whistleblower Protections.--The Labor-Management Reporting and 
Disclosure Act of 1959 (29 U.S.C. 401 et seq.) is further amended--
(1) by redesignating section 611 (29 U.S.C. 531) as section 
612; and
(2) by inserting after section 610 (29 U.S.C. 530), the 
following new section:

``SEC. 611. WHISTLEBLOWER PROTECTIONS.

``(a) In General.--No employer or labor organization shall 
terminate or in any other way discriminate against, or cause to be 
terminated or discriminated against, any applicant, covered employee, 
or former covered employee, of the employer or the labor organization 
by reason of the fact that such applicant, covered employee, or former 
covered employee does, or the employer or labor organization perceives 
the employee to do, any of the following:
``(1) Provide, cause to be provided, or is about to provide 
or cause to be provided, information to the labor organization, 
the employer, the Department of Labor, or any other State, 
local, or Federal Government authority or law enforcement 
agency relating to any violation of, or any act or omission 
that such employee reasonably believes to be a violation of, 
any provision of this Act.
``(2) Testify or plan to testify or otherwise participate 
in any proceeding resulting from the administration or 
enforcement of any provision of this Act.
``(3) File, institute, or cause to be filed or instituted, 
any proceeding under this Act.
``(4) Assist in any activity described in paragraphs (1) 
through (3).
``(5) Object to, or refuse to participate in, any activity, 
policy, practice, or assigned task that such covered employee 
reasonably believes to be in violation of any provision of this 
Act.
``(b) Definition of Covered Employee.--For the purposes of this 
section, the term `covered employee' means any employee or agent of an 
employer or labor organization, including any person with management 
responsibilities on behalf of the employer or labor organization.
``(c) Procedures and Timetables.--
``(1) Complaint.--
``(A) In general.--An applicant, covered employee, 
or former covered employee who believes that he or she 
has been terminated or in any other way discriminated 
against by any person in violation of subsection (a) 
may file (or have any person file on his or her behalf) 
a complaint with the Secretary of Labor alleging such 
violation. Such a complaint must be filed not later 
than either--
``(i) 180 days after the date on which such 
alleged violation occurs; or
``(ii) 180 days after the date upon which 
the employee knows or should reasonably have 
known that such alleged violation in subsection 
(a) occurred.
``(B) Actions of secretary of labor.--Upon receipt 
of such a complaint, the Secretary of Labor shall 
notify, in writing, the person named in the complaint 
who is alleged to have committed the violation, of--
``(i) the filing of the complaint;
``(ii) the allegations contained in the 
complaint;
``(iii) the substance of evidence 
supporting the complaint; and
``(iv) opportunities that will be afforded 
to such person under paragraph (2).
``(2) Investigation by secretary of labor.--
``(A) In general.--Not later than 60 days after the 
date of receipt of a complaint filed under paragraph 
(1), and after affording the complainant and the person 
named in the complaint who is alleged to have committed 
the violation that is the basis for the complaint an 
opportunity to submit to the Secretary of Labor a 
written response to the complaint and an opportunity to 
meet with a representative of the Secretary of Labor to 
present statements from witnesses, the Secretary of 
Labor shall--
``(i) initiate an investigation and 
determine whether there is reasonable cause to 
believe that the complaint has merit; and
``(ii) notify the complainant and the 
person alleged to have committed the violation 
of subsection (a), in writing, of such 
determination.
``(B) Grounds for determination of complaints.--The 
Secretary of Labor shall dismiss a complaint filed 
under this subsection, and shall not conduct an 
investigation otherwise required under subparagraph 
(A), unless the complainant makes a prima facie showing 
that any behavior described in paragraphs (1) through 
(5) of subsection (a) was a contributing factor in the 
unfavorable personnel action alleged in the complaint.
``(3) Burdens of proof.--
``(A) Criteria for determination.--In making a 
determination or adjudicating a complaint pursuant to 
this subsection, the Secretary, an administrative law 
judge, or a court may determine that a violation of 
subsection (a) has occurred only if the complainant 
demonstrates that any conduct described in subsection 
(a) with respect to the complainant was a contributing 
factor in the adverse action alleged in the complaint.
``(B) Prohibition.--Notwithstanding subparagraph 
(A), a decision or order that is favorable to the 
complainant shall not be issued in any administrative 
or judicial action pursuant to this subsection if the 
respondent demonstrates by clear and convincing 
evidence that the respondent would have taken the same 
adverse action in the absence of such conduct.
``(C) Notice of relief available.--If the Secretary 
of Labor concludes that there is reasonable cause to 
believe that a violation of subsection (a) has 
occurred, the Secretary of Labor shall, together with 
the notice under paragraph (2)(A)(ii), issue a 
preliminary order providing the relief prescribed by 
paragraph (4)(B).
``(D) Request for hearing.--Not later than 30 days 
after the date of receipt of notification of a 
determination of the Secretary of Labor under this 
paragraph, either the person alleged to have committed 
the violation or the complainant may file objections to 
the findings or preliminary order, or both, and request 
a hearing on the record. The filing of such objections 
shall not operate to stay any reinstatement remedy 
contained in the preliminary order. Any such hearing 
shall be conducted expeditiously, and if a hearing is 
not requested in such 30-day period, the preliminary 
order shall be deemed a final order that is not subject 
to judicial review.
``(E) Procedures.--
``(i) In general.--A hearing requested 
under this paragraph shall be conducted 
expeditiously and in accordance with rules 
established by the Secretary for hearings 
conducted by administrative law judges.
``(ii) Subpoenas; production of evidence.-- 
In conducting any such hearing, the 
administrative law judge may issue subpoenas. 
The respondent or complainant may request the 
issuance of subpoenas that require the 
deposition of, or the attendance and testimony 
of, witnesses and the production of any 
evidence (including any books, papers, 
documents, or recordings) relating to the 
matter under consideration.
``(4) Issuance of final orders; review procedures.--
``(A) Timing.--Not later than 120 days after the 
date of conclusion of any hearing under paragraph (2), 
the Secretary of Labor shall issue a final order 
providing the relief prescribed by this paragraph or 
denying the complaint. At any time before issuance of a 
final order, a proceeding under this subsection may be 
terminated on the basis of a settlement agreement 
entered into by the Secretary of Labor, the 
complainant, and the person alleged to have committed 
the violation.
``(B) Available relief.--
``(i) Order of secretary of labor.--If, in 
response to a complaint filed under paragraph 
(1), the Secretary of Labor determines that a 
violation of subsection (a) has occurred, the 
Secretary of Labor shall order the person who 
committed such violation--
``(I) to take affirmative action to 
abate the violation;
``(II) to reinstate the complainant 
to his or her former position, together 
with compensation (including back pay 
with interest) and restore the terms, 
conditions, and privileges associated 
with his or her employment;
``(III) to provide compensatory 
damages to the complainant; and
``(IV) expungement of all warnings, 
reprimands, or derogatory references 
that have been placed in paper or 
electronic records or databases of any 
type relating to the actions by the 
complainant that gave rise to the 
unfavorable personnel action, and, at 
the complainant's direction, 
transmission of a copy of the decision 
on the complaint to any person whom the 
complainant reasonably believes may 
have received such unfavorable 
information.
``(ii) Costs and expenses.--If an order is 
issued under clause (i), the Secretary of 
Labor, at the request of the complainant, shall 
assess against the person against whom the 
order is issued, a sum equal to the aggregate 
amount of all costs and expenses (including 
attorney fees and expert witness fees) 
reasonably incurred, as determined by the 
Secretary of Labor, by the complainant for, or 
in connection with, the bringing of the 
complaint upon which the order was issued.
``(C) Frivolous claims.--If the Secretary of Labor 
finds that a complaint under paragraph (1) is frivolous 
or has been brought in bad faith, the Secretary of 
Labor may award to the prevailing employer or labor 
organization a reasonable attorney fee, not exceeding 
$1,000, to be paid by the complainant.
``(D) De novo review.--
``(i) Failure of the secretary to act.--If 
the Secretary of Labor has not issued a final 
order within 270 days after the date of filing 
of a complaint under this subsection, or within 
90 days after the date of receipt of a written 
determination, the complainant may bring an 
action at law or equity for de novo review in 
the appropriate district court of the United 
States having jurisdiction, which shall have 
jurisdiction over such an action without regard 
to the amount in controversy, and which action 
shall, at the request of either party to such 
action, be tried by the court with a jury.
``(ii) Procedures.--A proceeding under 
clause (i) shall be governed by the same legal 
burdens of proof specified in paragraph (3). 
The court shall have jurisdiction to grant all 
relief necessary to make the employee whole, 
including injunctive relief and compensatory 
damages, including--
``(I) reinstatement with the same 
seniority status that the employee 
would have had, but for the discharge 
or discrimination;
``(II) the amount of back pay, with 
interest;
``(III) compensation for any 
special damages sustained as a result 
of the discharge or discrimination, 
including litigation costs, expert 
witness fees, and reasonable attorney 
fees; and
``(IV) expungement of all warnings, 
reprimands, or derogatory references 
that have been placed in paper or 
electronic records or databases of any 
type relating to the actions by the 
complainant that gave rise to the 
unfavorable personnel action, and, at 
the complainant's direction, 
transmission of a copy of the decision 
on the complaint to any person whom the 
complainant reasonably believes may 
have received such unfavorable 
information.
``(E) Other appeals.--Unless the complainant brings 
an action under subparagraph (D), any person adversely 
affected or aggrieved by a final order issued under 
subparagraph (A) may file a petition for review of the 
order in the United States Court of Appeals for the 
circuit in which the violation with respect to which 
the order was issued, allegedly occurred or the circuit 
in which the complainant resided on the date of such 
violation, not later than 60 days after the date of the 
issuance of the final order of the Secretary of Labor 
under subparagraph (A). Review shall conform to chapter 
7 of title 5, United States Code. The commencement of 
proceedings under this subparagraph shall not, unless 
ordered by the court, operate as a stay of the order. 
An order of the Secretary of Labor with respect to 
which review could have been obtained under this 
subparagraph shall not be subject to judicial review in 
any criminal or other civil proceeding.
``(5) Failure to comply with order.--
``(A) Actions by the secretary.--If any person has 
failed to comply with a final order issued under 
paragraph (4), the Secretary of Labor may file a civil 
action in the United States district court for the 
district in which the violation was found to have 
occurred, or in the United States district court for 
the District of Columbia, to enforce such order. In 
actions brought under this paragraph, the district 
courts shall have jurisdiction to grant all appropriate 
relief including injunctive relief, compensatory and 
punitive damages.
``(B) Civil actions to compel compliance.--A person 
on whose behalf an order was issued under paragraph (4) 
may commence a civil action against the person to whom 
such order was issued to require compliance with such 
order. The appropriate United States district court 
shall have jurisdiction, without regard to the amount 
in controversy or the citizenship of the parties, to 
enforce such order.
``(C) Award of costs authorized.--The court, in 
issuing any final order under this paragraph, may award 
costs of litigation (including reasonable attorney and 
expert witness fees) to any party, whenever the court 
determines such award is appropriate.
``(D) Mandamus proceedings.--Any nondiscretionary 
duty imposed by this section shall be enforceable in a 
mandamus proceeding brought under section 1361 of title 
28, United States Code.
``(d) Unenforceability of Certain Agreements.--Notwithstanding any 
other provision of law, the rights and remedies provided for in this 
section may not be waived by any agreement, policy, form, or condition 
of employment, including by any predispute arbitration agreement.
``(e) Savings.--Nothing in this section shall be construed to 
diminish the rights, privileges, or remedies of any employee who 
exercises rights under any Federal or State law or common law, or under 
any collective bargaining agreement.''.
(c) Public Availability of Information.--Section 203(b) of the 
Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 
433(b)) is amended in the matter following paragraph (2) by striking 
the period at the end and inserting ``and shall make such information 
available to the public in a readily accessible and searchable 
electronic format, and through a secure software application for use on 
an electronic device.''.

TITLE III--OTHER MATTERS

SEC. 301. ELECTRONIC VOTING IN UNION ELECTIONS.

(a) In General.--
(1) Electronic voting system.--Notwithstanding any other 
provision of law, subject to the provisions of this section, 
not later than 1 year after the date of the enactment of this 
Act, the National Labor Relations Board shall implement a 
system and procedures to conduct representation elections 
remotely using an electronic voting system.
(2) Procedures.--The procedures under paragraph (1) shall 
ensure that each employee voting in a representation election 
may choose to cast a vote using either an internet voting 
system or a telephone voting system.
(b) Report.--Not later than 1 year after the date of the enactment 
of this Act, and in each subsequent report under section 3(c) of the 
National Labor Relations Act (29 U.S.C. 153(c)), the Board shall submit 
to Congress a report containing a description of the following:
(1) For each representation petition under section 9 of the 
National Labor Relations Act filed--
(A) the case name and case number;
(B) the number of days between the petition and the 
election;
(C) the number of days between the stipulation or 
direction of election and the election;
(D) the method of the election;
(E) the results of the election; and
(F) the number of eligible voters, the number of 
voters participating in the election, and the method by 
which each of the voters submitted their vote.
(2) The total cost of conducting all elections the Board 
conducted through the system and procedures required by 
subsection (a).
(c) Definitions.--In this section:
(1) Electronic voting system.--The term ``electronic voting 
system''--
(A) includes an internet voting system and a 
telephone voting system; and
(B) does not include machines used for casting 
votes at a polling site or an electronic tabulation 
system where votes are cast non-electronically but 
counted electronically (such as a punch card or optical 
scanning system).
(2) Internet voting system.--The term ``internet voting 
system'' means an internet-based voting system that allows a 
participant to cast a ballot remotely using a personal computer 
or other mobile electronic device that is connected to the 
internet.
(3) Telephone voting system.--The term ``telephone voting 
system'' means a voting system in which participants may cast a 
vote remotely using a telephone.
(4) Remotely.--The term ``remotely'', used with respect to 
voting in a representation election, means a vote may be cast 
at any site chosen by a participant in such election.
(5) Representation election.--The term ``representation 
election'' means a representation election under section 9 of 
the National Labor Relations Act (29 U.S.C. 159).

SEC. 302. GAO REPORT ON SECTORAL BARGAINING.

(a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General shall conduct a review of 
collective bargaining at the sectoral level in a geographically diverse 
set of countries where sectoral bargaining is facilitated and prepare 
and submit to Congress a report with respect to such countries that--
(1) identifies, analyzes, and compares--
(A) the laws and policies governing or related to 
collective bargaining at the sectoral level;
(B) the administrative systems facilitating such 
bargaining; and
(C) the procedures involved in sectoral bargaining;
(2) to the extent practicable, consider reported effects of 
the policies and procedures described in paragraph (1) on--
(A) the wages and compensation of employees;
(B) the number of full-time and part-time 
employees;
(C) prices, sales, and revenues;
(D) employee turnover and retention;
(E) hiring and training costs;
(F) productivity and absenteeism; and
(G) the development of emerging industries, 
including those that engage their workforces through 
technology; and
(3) describes the methodology used to generate the 
information in the report.

SEC. 303. SEVERABILITY.

If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act, or 
the application of that provision to persons or circumstances other 
than those as to which it is held invalid, is not affected thereby.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act and the amendments 
made by this Act.

SEC. 305. RULE OF CONSTRUCTION.

The amendments made under this Act shall not be construed to amend 
section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).

SEC. 306. RULE OF CONSTRUCTION.

The amendments made by this Act shall not be construed to affect 
the jurisdictional standards of the National Labor Relations Board, 
including any standards that measure the size of a business with 
respect to revenues, that are used to determine whether an industry is 
affecting commerce for purposes of determining coverage under the 
National Labor Relations Act (29 U.S.C. 151 et seq.).

SEC. 307. RULE OF CONSTRUCTION.

Nothing in this Act or the amendments made by this Act shall be 
construed to affect the privacy of employees with respect to voter 
lists provided to labor organizations by employers pursuant to 
elections directed by the Board.

SEC. 308. RULE OF CONSTRUCTION.

The amendments made under this Act shall not be construed to 
affect the definitions of ``employer'' or ``employee'' under the laws 
of any State that govern the wages, work hours, workers' compensation, 
or unemployment insurance of employees.

SEC. 309. GAO REPORT.

(a) In General.--The Comptroller General of the United States shall 
one year after the date of enactment of this Act commence a study on 
the impact of section 101(a) and section 101(b) of this Act regarding--
(1) the effect on coverage of employees under of the 
National Labor Relations Act, and the impact from such change 
in coverage, on their capacity in various sectors to form 
unions and collectively bargain as a means to improve wages, 
benefits, workplace safety, and other working conditions; and
(2) the effect on employers and other enterprises regarding 
the right of employees to organize and collectively bargain 
over wages, benefits, workplace safety, and other working 
conditions in such sectors.
(b) Factors.--Such study shall identify, compare, and analyze 
impacts from changes implicated by section 101(a) and section 101(b) 
on--
(1) flexibility for employees with respect to hours, 
shifts, assignments and working arrangements;
(2) rates of compensation, health care, and employee 
benefits;
(3) resolution of grievances and disputes, including 
employers' ability to terminate and employees' right to due 
process;
(4) use of technology or algorithms, including the adoption 
of new technology and algorithms; and
(5) workplace safety and health.
(c) Stakeholder Input.--In preparing the report, the Comptroller 
General of the United States shall gather information from impacted 
stakeholders, including various business enterprises and labor 
organizations. In developing a list of stakeholders, the Comptroller 
General of the United States shall consult with the House Committee on 
Education and Workforce and the Senate Committee on Health, Education, 
Labor, and Pensions.
(d) Congressional Report.--Six months after the commencement of the 
study, the Comptroller General of the United States shall transmit the 
findings and report to the Committee on Education and Workforce of the 
House of Representatives and the Committee on Health, Education, Labor, 
and Pensions of the Senate, and consistent with the policies of the 
Comptroller General of the United States, make the findings and report 
available to the public.
(e) Presidential Consideration.--The President, in consultation 
with the Department of Labor and other agencies as the President deems 
appropriate, shall, subsequent to the issuance of such report, consider 
such findings, and within 60 days may recommend that the House of 
Representatives and the Senate modify section 101(a) or section 101(b), 
or both or make no recommendations.
(f) Sense of Congress.--It is the sense of Congress that Congress 
shall consider whether to accept, reject, or modify any recommendations 
received under (e), as it deems appropriate.
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