What This Bill Does
This bill makes it illegal for employers to end or change an employee's group health insurance coverage while the employer is conducting a lock-out (stopping work to pressure workers in negotiations) or while an employee is participating in a lawful strike (organized work stoppage). The bill creates financial penalties for employers who break this rule.
Who It Affects
Employers who provide group health insurance to their workers during labor disputes, employees engaged in lawful strikes, workers affected by employer lock-outs, and the National Labor Relations Board (the federal agency that enforces labor laws).
Key Provisions
• Employers cannot terminate or change an employee's group health plan coverage during a lock-out when the employer is withholding work to influence workers' positions in collective bargaining negotiations (Sec. 2(a)).
• Employers cannot terminate or change an employee's group health plan coverage while an employee is engaged in a lawful strike (Sec. 2(b)).
• Employers who violate the lock-out rule face civil penalties up to $75,000 per violation, or up to $150,000 if the violation involves firing an employee or causes serious economic harm and the employer violated this rule within the past 5 years (Sec. 3).
• Employers who violate the strike rule face civil penalties up to $50,000 per violation, or up to $100,000 if the violation involves firing an employee or causes serious economic harm and the employer violated this rule within the past 5 years (Sec. 3).
• Company directors or officers can be held personally liable for civil penalties if they directed, committed or knowingly allowed the violation (Sec. 3).
What Changes
The National Labor Relations Act is amended to define employer actions that terminate or alter health plan coverage during lock-outs and lawful strikes as unfair labor practices. The bill creates new civil penalty structures for these violations and allows company directors and officers to face personal liability.
Important Definitions
"Group health plan" means the same thing it means in the Employee Retirement Income Security Act of 1974 (Sec. 2(c)).
I
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. GARCI´A of Illinois, Mr. CARSON, Mr. CLEAVER, Mr. MULLIN, and
Ms. BARRAGA´N) 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 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
02:56 Mar 25, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1447.IH
H1447
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 1447 IH
SEC. 2. CONTINUATION OF COVERAGE UNDER A GROUP
1
HEALTH PLAN DURING A LOCK-OUT OR A
2
LAWFUL STRIKE.
3
(a) LOCK-OUT.—Section 8(a) of the National Labor
4
Relations Act (29 U.S.C. 158(a)) is amended—
5
(1) in paragraph (5), by striking the period and
6
inserting a semicolon; and
7
(2) by adding at the end the following:
8
‘‘(6) to terminate or alter the coverage of an
9
employee under a group health plan during the pe-
10
riod that such employer is taking action to lock-out,
11
suspend, or otherwise withhold employment from the
12
employee in order to influence the position of such
13
employee or the representative of such employee in
14
collective bargaining prior to a strike; and’’.
15
(b) STRIKE.—Section 8(a) of such Act (29 U.S.C.
16
158(a)), as so amended, is further amended by adding at
17
the end the following:
18
‘‘(7) to terminate or alter the coverage of an
19
employee under a group health plan during the pe-
20
riod that such employee is engaged in a lawful
21
strike.’’.
22
(c) DEFINITION OF GROUP HEALTH PLAN.—Section
23
2 of the National Labor Relations Act (29 U.S.C. 152)
24
is amended by adding at the end the following:
25
VerDate Sep 11 2014
02:56 Mar 25, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1447.IH
H1447
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 1447 IH
‘‘(15) The term ‘group health plan’ has the
1
meaning given the term under section 607(1) of the
2
Employee Retirement Income Security Act of 1974
3
(29 U.S.C. 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
‘‘PENALTIES
10
‘‘SEC. 12. (a) VIOLATIONS
FOR INTERFERENCE
11
WITH THE 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
02:56 Mar 25, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1447.IH
H1447
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 1447 IH
8(a)(6). A civil penalty under this subsection shall be in
1
addition to any other remedy ordered by the Board.
2
‘‘(c) CIVIL PENALTIES FOR UNFAIR LABOR PRAC-
3
TICES RELATED TO COVERAGE UNDER A GROUP HEALTH
4
PLAN DURING A LAWFUL STRIKE.—Any employer who
5
commits an unfair labor practice within the meaning of
6
section 8(a)(7) shall be subject to a civil penalty in an
7
amount not to exceed $50,000 for each violation, except
8
that, with respect to such an unfair labor practice that
9
coincides with the discharge of an employee or that results
10
in other serious economic harm to an employee, the Board
11
shall double the amount of such penalty, to an amount
12
not to exceed $100,000, in any case where the employer
13
has within the preceding 5 years committed another viola-
14
tion of section 8(a)(7). A civil penalty under this sub-
15
section shall be in addition to any other remedy ordered
16
by the Board.
17
‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the
18
Board determines, based on the particular facts and cir-
19
cumstances presented, that a director or officer’s personal
20
liability is warranted, a civil penalty for a violation de-
21
scribed in subsection (b) or (c) may also be assessed
22
against any director or officer of the employer who di-
23
rected or committed the violation, or had actual or con-
24
VerDate Sep 11 2014
02:56 Mar 25, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1447.IH
H1447
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 1447 IH
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
02:56 Mar 25, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H1447.IH
H1447
pbinns on DSKJLVW7X2PROD with $$_JOB