Striking and Locked Out Workers Healthcare Protection Act

Federal

Source: Congress.gov · 1,107 words in original text

What This Bill Does

This bill makes it illegal for employers to cancel or change an employee's health insurance while the employer is locking workers out or while an employee is on a lawful strike (a legal work stoppage by employees). The bill also sets up penalties for employers who break this rule.

Who It Affects

Employers with group health plans, employees on lawful strike, employees during a lockout, company directors and officers, the National Labor Relations Board (a government agency that enforces labor laws).

Key Provisions

• Employers cannot terminate or alter an employee's group health plan coverage during a lockout, which means when an employer suspends or withholds employment to influence bargaining talks before a strike (Sec. 2(a)). • Employers cannot terminate or alter an employee's group health plan coverage while the employee is engaged in a lawful strike (Sec. 2(b)). • An employer who violates the lockout rule faces a civil penalty up to $75,000 per violation, or up to $150,000 if the violation includes discharge of an employee or serious economic harm and the employer violated this rule within the previous 5 years (Sec. 3). • An employer who violates the strike rule faces a civil penalty up to $50,000 per violation, or up to $100,000 if the violation includes discharge of an employee or serious economic harm and the employer violated this rule within the previous 5 years (Sec. 3). • Company directors and officers can be personally penalized if they directed the violation, or knew about it and had the power to stop it but failed to do so (Sec. 3).

What Changes

The bill amends the National Labor Relations Act to add two new unfair labor practices. Employers lose the legal ability to remove health insurance from workers during lockouts or lawful strikes. The National Labor Relations Board gains the power to issue civil penalties against employers and company leaders who break these rules.

Important Definitions

Group health plan: Not specified in bill text. The bill states it uses the definition from the Employee Retirement Income Security Act of 1974 but does not write out that definition in this bill.

II 118TH CONGRESS 1ST SESSION S. 710 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 SENATE OF THE UNITED STATES MARCH 8, 2023 Mr. BROWN (for himself, Mr. CASEY, Mr. SANDERS, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. FETTERMAN, Mr. MARKEY, Mr. PADILLA, Ms. SMITH, Mr. VAN HOLLEN, Ms. WARREN, Mr. WHITEHOUSE, and Mr. DURBIN) 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 em- ployer 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 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 ‘‘Striking and Locked 4 Out Workers Healthcare Protection Act’’. 5 VerDate Sep 11 2014 03:05 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S710.IS S710 kjohnson on DSK79L0C42PROD with BILLS 2 •S 710 IS SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP 1 HEALTH PLAN DURING A LOCK-OUT OR A 2 LAWFUL STRIKE. 3 (a) LOCK-OUT.—Section 8(a) of the National Labor 4 Relations Act (29 U.S.C. 158(a)) is amended— 5 (1) in paragraph (5), by striking the period and 6 inserting a semicolon; and 7 (2) by adding at the end the following: 8 ‘‘(6) to terminate or alter the coverage of an 9 employee under a group health plan during the pe- 10 riod that such employer is taking action to lock-out, 11 suspend, or otherwise withhold employment from the 12 employee in order to influence the position of such 13 employee or the representative of such employee in 14 collective bargaining prior to a strike; and’’. 15 (b) STRIKE.—Section 8(a) of such Act (29 U.S.C. 16 158(a)), as so amended, is further amended by adding at 17 the end the following: 18 ‘‘(7) to terminate or alter the coverage of an 19 employee under a group health plan during the pe- 20 riod that such employee is engaged in a lawful 21 strike.’’. 22 (c) DEFINITION OF GROUP HEALTH PLAN.—Section 23 2 of the National Labor Relations Act (29 U.S.C. 152) 24 is amended by adding at the end the following: 25 VerDate Sep 11 2014 03:05 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S710.IS S710 kjohnson on DSK79L0C42PROD with BILLS 3 •S 710 IS ‘‘(15) The term ‘group health plan’ has the meaning 1 given the term under section 607(1) of the Employee Re- 2 tirement Income Security Act of 1974 (29 U.S.C. 3 1167(1)).’’. 4 SEC. 3. PENALTIES. 5 Section 12 of the National Labor Relations Act (29 6 U.S.C. 162) is amended— 7 (1) by striking ‘‘SEC. 12. Any person’’ and in- 8 serting the following: 9 ‘‘SEC. 12. PENALTIES. 10 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH THE 11 BOARD.—Any person’’; and 12 (2) by adding at the end the following: 13 ‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC- 14 TICES RELATED TO COVERAGE UNDER A GROUP HEALTH 15 PLAN DURING A LOCK-OUT.—Any employer who commits 16 an unfair labor practice within the meaning of section 17 8(a)(6) shall be subject to a civil penalty in an amount 18 not to exceed $75,000 for each violation, except that, with 19 respect to such an unfair labor practice that coincides with 20 the discharge of an employee or that results in other seri- 21 ous economic harm to an employee, the Board shall double 22 the amount of such penalty, to an amount not to exceed 23 $150,000, in any case where the employer has within the 24 preceding 5 years committed another violation of section 25 VerDate Sep 11 2014 00:33 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S710.IS S710 kjohnson on DSK79L0C42PROD with BILLS 4 •S 710 IS 8(a)(6). A civil penalty under this subsection shall be in 1 addition to any other remedy ordered by the Board. 2 ‘‘(c) CIVIL PENALTIES FOR UNFAIR LABOR PRAC- 3 TICES RELATED TO COVERAGE UNDER A GROUP HEALTH 4 PLAN DURING A LAWFUL STRIKE.—Any employer who 5 commits an unfair labor practice within the meaning of 6 section 8(a)(7) shall be subject to a civil penalty in an 7 amount not to exceed $50,000 for each violation, except 8 that, with respect to such an unfair labor practice that 9 coincides with the discharge of an employee or that results 10 in other serious economic harm to an employee, the Board 11 shall double the amount of such penalty, to an amount 12 not to exceed $100,000, in any case where the employer 13 has within the preceding 5 years committed another viola- 14 tion of section 8(a)(7). A civil penalty under this sub- 15 section shall be in addition to any other remedy ordered 16 by the Board. 17 ‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the 18 Board determines, based on the particular facts and cir- 19 cumstances presented, that a director or officer’s personal 20 liability is warranted, a civil penalty for a violation de- 21 scribed in subsection (b) or (c) may also be assessed 22 against any director or officer of the employer who di- 23 rected or committed the violation, or had actual or con- 24 VerDate Sep 11 2014 03:05 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S710.IS S710 kjohnson on DSK79L0C42PROD with BILLS 5 •S 710 IS structive knowledge of and the authority to prevent the 1 violation and failed to prevent the violation. 2 ‘‘(e) CONSIDERATIONS.—In determining the amount 3 of any civil penalty under subsection (b), (c), or (d), the 4 Board shall consider— 5 ‘‘(1) the gravity of the actions of the employer 6 resulting in the penalty, including the impact of such 7 actions on the charging party or on other persons 8 seeking to exercise rights guaranteed by this Act; 9 ‘‘(2) the size of the employer; 10 ‘‘(3) the history of previous unfair labor prac- 11 tices or other actions by the employer resulting in a 12 penalty; and 13 ‘‘(4) the public interest.’’. 14 Æ VerDate Sep 11 2014 03:05 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S710.IS S710 kjohnson on DSK79L0C42PROD with BILLS

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