[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1447 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1447
To prohibit an employer from terminating the coverage of an employee
under a group health plan while the employer is engaged in a lock-out
or while the employee is engaged in a lawful strike, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2023
Mr. Deluzio (for himself, Mr. Pocan, Mr. Veasey, Ms. Titus, Ms. Wild,
Mr. Garcia of Illinois, Mr. Carson, Mr. Cleaver, Mr. Mullin, and Ms.
Barragan) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To prohibit an employer from terminating the coverage of an employee
under a group health plan while the employer is engaged in a lock-out
or while the employee is engaged in a lawful strike, 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.
This Act may be cited as the ``Striking and Locked Out Workers
Healthcare Protection Act''.
SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP HEALTH PLAN DURING A
LOCK-OUT OR A LAWFUL STRIKE.
(a) Lock-Out.--Section 8(a) of the National Labor Relations Act (29
U.S.C. 158(a)) is amended--
(1) in paragraph (5), by striking the period and inserting
a semicolon; and
(2) by adding at the end the following:
``(6) to terminate or alter the coverage of an employee
under a group health plan during the period that such employer
is taking action to lock-out, suspend, or otherwise withhold
employment from the employee in order to influence the position
of such employee or the representative of such employee in
collective bargaining prior to a strike; and''.
(b) Strike.--Section 8(a) of such Act (29 U.S.C. 158(a)), as so
amended, is further amended by adding at the end the following:
``(7) to terminate or alter the coverage of an employee
under a group health plan during the period that such employee
is engaged in a lawful strike.''.
(c) Definition of Group Health Plan.--Section 2 of the National
Labor Relations Act (29 U.S.C. 152) is amended by adding at the end the
following:
``(15) The term `group health plan' has the meaning given
the term under section 607(1) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1167(1)).''.
SEC. 3. PENALTIES.
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:
``penalties
``Sec. 12. (a) Violations for Interference With the Board.--Any
person''; and
(2) by adding at the end the following:
``(b) Civil Penalties for Unfair Labor Practices Related to
Coverage Under a Group Health Plan During a Lock-Out.--Any employer who
commits an unfair labor practice within the meaning of section 8(a)(6)
shall be subject to a civil penalty in an amount not to exceed $75,000
for each violation, except that, with respect to such an unfair labor
practice that coincides with the discharge of an employee or that
results in other serious economic harm to an employee, the Board shall
double the amount of such penalty, to an amount not to exceed $150,000,
in any case where the employer has within the preceding 5 years
committed another violation of section 8(a)(6). A civil penalty under
this subsection shall be in addition to any other remedy ordered by the
Board.
``(c) Civil Penalties for Unfair Labor Practices Related to
Coverage Under a Group Health Plan During a Lawful Strike.--Any
employer who commits an unfair labor practice within the meaning of
section 8(a)(7) shall be subject to a civil penalty in an amount not to
exceed $50,000 for each violation, except that, with respect to such an
unfair labor practice that coincides with the discharge of an employee
or that results in 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 violation of section 8(a)(7). A
civil penalty under this subsection shall be in addition to any other
remedy ordered by the Board.
``(d) 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 subsection (b) or (c) may also be assessed
against any director or officer of the employer who directed or
committed the violation, or had actual or constructive knowledge of and
the authority to prevent the violation and failed to prevent the
violation.
``(e) Considerations.--In determining the amount of any civil
penalty under subsection (b), (c), or (d), the Board shall consider--
``(1) 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;
``(2) the size of the employer;
``(3) the history of previous unfair labor practices or
other actions by the employer resulting in a penalty; and
``(4) the public interest.''.
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