[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2113 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2113
To amend the National Labor Relations Act and the Labor Management
Relations Act, 1947 to deter labor slowdowns and prohibit labor
organizations from blocking modernization efforts at ports of the
United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2023
Mr. Risch (for himself, Mr. Crapo, Mr. Scott of Florida, and Mr. Budd)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the National Labor Relations Act and the Labor Management
Relations Act, 1947 to deter labor slowdowns and prohibit labor
organizations from blocking modernization efforts at ports of the
United States, 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 ``Preventing Labor Union Slowdowns Act
of 2023'' or the ``PLUS Act of 2023''.
SEC. 2. DETERRING LABOR SLOWDOWNS AND PROHIBITING LABOR ORGANIZATIONS
FROM BLOCKING MODERNIZATION AT PORTS.
(a) Amendments to the National Labor Relations Act.--
(1) Findings and policy.--Section 1 of the National Labor
Relations Act (29 U.S.C. 151) is amended by adding at the end
the following:
``International trade is one of the most important components of
the economy of the United States and will likely continue to grow in
the future. In order to remain competitive in an increasingly
competitive global economy, it is essential that the United States
possess a highly efficient and reliable public and private
transportation network. The ports of the United States are an
increasingly important part of such transportation network. Experience
has demonstrated that frequent and periodic disruptions to commerce in
the maritime industry in the form of deliberate and unprotected labor
slowdowns, or impediments to modernization, at the ports of the United
States have led to substantial supply chain and economic disruptions,
interfering with the free flow of domestic and international commerce
and threatening the economic health of the United States, as well as
its citizens and businesses. Such frequent and periodic disruptions to
commerce in the maritime industry hurt the reputation of the United
States in the global economy, cause the ports of the United States to
lose business, and represent a serious and burgeoning threat to the
financial health and economic stability of the United States. It is
hereby declared to be the policy of the United States to eliminate the
causes and mitigate the effects of such disruptions to commerce in the
maritime industry and to provide effective and prompt remedies to
individuals injured by such disruptions.''.
(2) Deterring labor slowdowns at ports.--The National Labor
Relations Act is amended--
(A) in section 2 (29 U.S.C. 152), by adding at the
end the following:
``(15) The term `employee engaged in maritime employment'
has the meaning given the term `employee' in section 2(3) of
the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
902(3)).
``(16) The term `labor slowdown'--
``(A) includes any intentional effort by employees
to reduce productivity or efficiency in the performance
of any duty of such employees; and
``(B) does not include any such effort required by
the good faith belief of such employees that an
abnormally dangerous condition exists at the place of
employment of such employees.''; and
(B) in section 8(b) (29 U.S.C. 158(b))--
(i) in paragraph (6), by striking ``and''
after the semicolon;
(ii) in paragraph (7), by striking the
period at the end of the matter following
subparagraph (C) and inserting a semicolon; and
(iii) by adding at the end the following:
``(8) in representing, or seeking to represent, employees
engaged in maritime employment, to engage in a labor slowdown
at any time, including when a collective-bargaining agreement
is in effect; and''.
(3) Prohibiting labor organizations from blocking
modernization at ports.--Section 8(b) of the National Labor
Relations Act (29 U.S.C. 158(b)), as amended by paragraph
(2)(B), is further amended by adding at the end the following:
``(9) in representing, or seeking to represent, employees
engaged in maritime employment, to--
``(A) impede or attempt to impede modernization
efforts at a port, which thereby interferes with or
otherwise impedes economic activity in relation to the
national supply chain; or
``(B) interfere with or otherwise impede the
servicing of any automated vessel operating without a
crew.''.
(4) Preventing unfair labor practices.--Section 10(l) of
the National Labor Relations Act (29 U.S.C. 160(l)) is amended
in the first sentence, by striking ``or section 8(b)(7)'' and
inserting ``or paragraph (7), (8), or (9) of section 8(b)''.
(b) Amendments to the Labor Management Relations Act, 1947.--
Section 303 of the Labor Management Relations Act, 1947 (29 U.S.C. 187)
is amended--
(1) in subsection (a), by striking ``in section 8(b)(4)''
and inserting ``under paragraph (4), (8), or (9) of section
8(b)'';
(2) in subsection (b), by adding at the end the following:
``With respect to any unfair labor practice under paragraph (8)
or (9) of section 8(b) of the National Labor Relations Act (29
U.S.C. 158(b)), the damages recovered shall be in an amount
equal to 2 times the amount of damages sustained and the cost
of the suit shall include any reasonable attorney fees and
expert witness fees.''; and
(3) by adding at the end the following:
``(c) In an action for damages resulting from a violation of
section 8(b)(8) of the National Labor Relations Act (29 U.S.C.
158(b)(8)), it shall not be a defense that the injured party has, in
any manner, waived, or purported to waive, the right of such party to
pursue monetary damages relating to the labor slowdown at issue--
``(1) in connection with a contractual grievance alleging a
violation of a clause prohibiting a strike, or a similar
clause, in a collective-bargaining agreement; or
``(2) in connection with an action for a breach of such a
clause under section 301.''.
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