[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3747 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3747
To prohibit an employer from terminating the coverage of an employee
under a group health plan while the employee is engaged in a lawful
strike, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2022
Mr. Brown (for himself, Mr. Casey, Mr. Blumenthal, Mr. Booker, Ms.
Smith, Mr. Van Hollen, Mr. Whitehouse, Mr. Wyden, and Mr. Padilla)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit an employer from terminating the coverage of an employee
under a group health plan 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 Workers Healthcare
Protection Act''.
SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP HEALTH PLAN DURING A
LAWFUL STRIKE.
(a) In General.--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
``; and''; and
(2) by adding at the end the following:
``(6) to terminate or significantly alter the coverage of
an employee under a group health plan during the period that
such employee is engaged in a lawful strike.''.
(b) Definitions.--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)).''.
(c) 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 Lawful Strike.--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 $50,000 for each such 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 such 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) Considerations.--In determining the amount of any civil
penalty under subsection (b) 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 the 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.
``(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) 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.''.
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