Protecting Striking Workers Act

I 117TH CONGRESS 1ST SESSION H. R. 3358 To clarify that employees may seek recourse from the National Labor Rela- tions Board if discriminated against by an employer for participating in an unfair labor practice strike. IN THE HOUSE OF REPRESENTATIVES MAY 19, 2021 Mr. STAUBER introduced the following bill; which was referred to the Committee on Education and Labor A BILL To clarify that employees may seek recourse from the Na- tional Labor Relations Board if discriminated against by an employer for participating in an unfair labor prac- tice strike. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Striking 4 Workers Act’’. 5 VerDate Sep 11 2014 05:14 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3358.IH H3358 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3358 IH SEC. 2. FINDINGS. 1 Congress finds that it is the policy of the United 2 States that workers have the right to participate in lawful 3 strikes in protest of unfair labor practices. 4 SEC. 3. CLARIFYING RECOURSES FOR WORKERS DISCRIMI- 5 NATED AGAINST FOR PARTICIPATING IN A 6 LAWFUL UNFAIR LABOR PRACTICE STRIKE. 7 Section 10(c) of the National Labor Relations Act 8 (29 U.S.C. 160(c)) is amended by inserting before ‘‘And 9 provided further,’’ the following: ‘‘Provided further, That 10 in any case in which the Board finds that an employer 11 unlawfully discriminated against an employee in relation 12 to the employee’s participation in a lawful strike to protest 13 an unfair labor practice of the employer, the Board may 14 order reinstatement of the employee, require back pay, re- 15 quire the employer to post a notice to employees of its 16 commitment to observe employee’s rights under this Act, 17 or take such other affirmative action as the Board may 18 consider appropriate:’’. 19 Æ VerDate Sep 11 2014 05:14 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H3358.IH H3358 kjohnson on DSK79L0C42PROD with BILLS