What This Bill Does
This bill adds new whistleblower protections to an existing 1959 federal labor law. It stops labor unions (organizations that represent workers) from punishing employees who report violations of labor laws to the government or testify in legal proceedings.
Who It Affects
Union employees who are paid for their work at the union, including union officers. The Department of Labor (the federal agency overseeing labor issues). Union organizations themselves.
Key Provisions
• Unions cannot fire, punish or discriminate against employees for reporting suspected labor law violations to the union, Department of Labor, or law enforcement agencies (Sec. 611(a)(1))
• Unions cannot punish employees for testifying in any legal case related to federal labor laws (Sec. 611(a)(2))
• Employees have 180 days from when they believe they were wrongfully punished to file a complaint with the Secretary of Labor, or 180 days after the union finishes any internal appeal process, whichever comes later (Sec. 611(c)(1)(A))
• The Secretary of Labor must investigate complaints within 60 days and tell both sides if there is reasonable cause to believe a violation happened (Sec. 611(c)(2)(A))
• If a violation is found, the union must reinstate the worker with back pay, restore all job benefits, and pay damages to the worker (Sec. 611(c)(4)(B)(i))
What Changes
A new Section 611 is added to the Labor-Management Reporting and Disclosure Act of 1959. Union employees gain the legal right to report labor law violations without fear of retaliation. Employees can now file complaints with the Department of Labor and pursue court cases if they believe they were punished for whistleblowing. Unions that violate these rules face orders to rehire workers, pay back wages, and pay additional damages.
Important Definitions
"Covered employee" means any union employee who receives payment for working at the union, including union leaders and officers (Sec. 611(b))
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 721
To amend the Labor-Management Reporting and Disclosure Act of 1959
to provide whistleblower protection for union employees.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2023
Mr. GOOD of Virginia (for himself, Mrs. MILLER of Illinois, and Mr. WEBER
of Texas) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce
A BILL
To amend the Labor-Management Reporting and Disclosure
Act of 1959 to provide whistleblower protection for union
employees.
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 ‘‘Union Integrity Act’’.
4
SEC. 2. WHISTLEBLOWER PROTECTION FOR UNION EM-
5
PLOYEES.
6
The Labor-Management Reporting and Disclosure
7
Act of 1959 (29 U.S.C. 401 et seq.) is amended—
8
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(1) by redesignating section 611 (29 U.S.C.
1
531) as section 612; and
2
(2) by inserting after section 610 (29 U.S.C.
3
530), the following new section:
4
‘‘WHISTLEBLOWER PROTECTION FOR UNION EMPLOYEES
5
‘‘SEC. 611. (a) IN GENERAL.—No labor organization
6
shall terminate or in any other way discriminate against,
7
or cause to be terminated or discriminated against, any
8
covered employee of the labor organization by reason of
9
the fact that such employee, whether at the initiative of
10
the employee or in the ordinary course of the duties of
11
the employee (or any person acting pursuant to a request
12
of the employee), has—
13
‘‘(1) provided, caused to be provided, or is
14
about to provide or cause to be provided, informa-
15
tion to the labor organization, the Department of
16
Labor, or any other State, local, or Federal Govern-
17
ment authority or law enforcement agency relating
18
to any violation of, or any act or omission that the
19
employee reasonably believes to be a violation of, any
20
provision of this Act or any other provision of law
21
that is subject to the jurisdiction of the Department
22
of Labor, the National Labor Relations Board, or
23
the National Mediation Board, or any rule, order,
24
standard, or prohibition prescribed by the Depart-
25
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ment of Labor, the National Labor Relations Board,
1
or the National Mediation Board;
2
‘‘(2) testified or will testify in any proceeding
3
resulting from the administration or enforcement of
4
any provision of this Act or any other provision of
5
law that is subject to the jurisdiction of the Depart-
6
ment of Labor, National Labor Relations Board, or
7
National Mediation Board, or any rule, order, stand-
8
ard, or prohibition prescribed by the Department of
9
Labor, the National Labor Relations Board, or the
10
National Mediation Board;
11
‘‘(3) filed, instituted, or caused to be filed or in-
12
stituted any proceeding under this Act; or
13
‘‘(4) objected to, or refused to participate in,
14
any activity, policy, practice, or assigned task that
15
the employee (or other such person) reasonably be-
16
lieved to be in violation of any law, rule, order,
17
standard, or prohibition, subject to the jurisdiction
18
of, or enforceable by, the Department of Labor, the
19
National Labor Relations Board, or the National
20
Mediation Board.
21
‘‘(b) DEFINITION OF COVERED EMPLOYEE.—For the
22
purposes of this section, the term ‘covered employee’
23
means any employee of a labor organization who receives
24
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•HR 721 IH
financial compensation for his or her services to the labor
1
organization, including officers of the labor organization.
2
‘‘(c) PROCEDURES AND TIMETABLES.—
3
‘‘(1) COMPLAINT.—
4
‘‘(A) IN GENERAL.—A person who believes
5
that he or she has been discharged or otherwise
6
discriminated against by any person in violation
7
of subsection (a) may file (or have any person
8
file on his or her behalf) a complaint with the
9
Secretary of Labor alleging such discharge or
10
discrimination and identifying the person re-
11
sponsible for such act. Such a complaint must
12
be filed not later than either—
13
‘‘(i) 180 days after the date on which
14
such alleged violation occurs; or
15
‘‘(ii) 180 days after the conclusion of
16
any internal appeals, review, or other judi-
17
cial or investigative process conducted by
18
the labor organization employing such per-
19
son.
20
‘‘(B)
ACTIONS
OF
SECRETARY
OF
21
LABOR.—Upon receipt of such a complaint, the
22
Secretary of Labor shall notify, in writing, the
23
person named in the complaint who is alleged
24
to have committed the violation, of—
25
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‘‘(i) the filing of the complaint;
1
‘‘(ii) the allegations contained in the
2
complaint;
3
‘‘(iii) the substance of evidence sup-
4
porting the complaint; and
5
‘‘(iv) opportunities that will be af-
6
forded to such person under paragraph
7
(2).
8
‘‘(2)
INVESTIGATION
BY
SECRETARY
OF
9
LABOR.—
10
‘‘(A) IN
GENERAL.—Not later than 60
11
days after the date of receipt of a complaint
12
filed under paragraph (1), and after affording
13
the complainant and the person named in the
14
complaint who is alleged to have committed the
15
violation that is the basis for the complaint an
16
opportunity to submit to the Secretary of Labor
17
a written response to the complaint and an op-
18
portunity to meet with a representative of the
19
Secretary of Labor to present statements from
20
witnesses, the Secretary of Labor shall—
21
‘‘(i) initiate an investigation and de-
22
termine whether there is reasonable cause
23
to believe that the complaint has merit;
24
and
25
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‘‘(ii) notify the complainant and the
1
person alleged to have committed the viola-
2
tion of subsection (a), in writing, of such
3
determination.
4
‘‘(B) NOTICE OF RELIEF AVAILABLE.—If
5
the Secretary of Labor concludes that there is
6
reasonable cause to believe that a violation of
7
subsection (a) has occurred, the Secretary of
8
Labor shall, together with the notice under sub-
9
paragraph (A)(ii), issue a preliminary order
10
providing the relief prescribed by paragraph
11
(4)(B).
12
‘‘(C) REQUEST FOR HEARING.—Not later
13
than 30 days after the date of receipt of notifi-
14
cation of a determination of the Secretary of
15
Labor under this paragraph, either the person
16
alleged to have committed the violation or the
17
complainant may file objections to the findings
18
or preliminary order, or both, and request a
19
hearing on the record. The filing of such objec-
20
tions shall not operate to stay any reinstate-
21
ment remedy contained in the preliminary
22
order. Any such hearing shall be conducted ex-
23
peditiously, and if a hearing is not requested in
24
such 30-day period, the preliminary order shall
25
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be deemed a final order that is not subject to
1
judicial review.
2
‘‘(3) GROUNDS FOR DETERMINATION OF COM-
3
PLAINTS.—
4
‘‘(A) IN
GENERAL.—The Secretary of
5
Labor shall dismiss a complaint filed under this
6
subsection, and shall not conduct an investiga-
7
tion otherwise required under paragraph (2),
8
unless the complainant makes a prima facie
9
showing that any behavior described in para-
10
graphs (1) through (4) of subsection (a) was a
11
contributing factor in the unfavorable personnel
12
action alleged in the complaint.
13
‘‘(B)
REBUTTAL
EVIDENCE.—Notwith-
14
standing a finding by the Secretary of Labor
15
that the complainant has made the showing re-
16
quired under subparagraph (A), no investiga-
17
tion otherwise required under paragraph (2)
18
shall be conducted, if the labor organization
19
demonstrates, by clear and convincing evidence,
20
that the labor organization would have taken
21
the same unfavorable personnel action in the
22
absence of that behavior.
23
‘‘(C)
EVIDENTIARY
STANDARDS.—The
24
Secretary of Labor may determine that a viola-
25
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tion of subsection (a) has occurred only if the
1
complainant demonstrates that any behavior de-
2
scribed in paragraphs (1) through (4) of sub-
3
section (a) was a contributing factor in the un-
4
favorable personnel action alleged in the com-
5
plaint. Relief may not be ordered under sub-
6
paragraph (A) if the labor organization dem-
7
onstrates by clear and convincing evidence that
8
the labor organization would have taken the
9
same unfavorable personnel action in the ab-
10
sence of that behavior.
11
‘‘(4) ISSUANCE
OF
FINAL
ORDERS; REVIEW
12
PROCEDURES.—
13
‘‘(A) TIMING.—Not later than 120 days
14
after the date of conclusion of any hearing
15
under paragraph (2), the Secretary of Labor
16
shall issue a final order providing the relief pre-
17
scribed by this paragraph or denying the com-
18
plaint. At any time before issuance of a final
19
order, a proceeding under this subsection may
20
be terminated on the basis of a settlement
21
agreement entered into by the Secretary of
22
Labor, the complainant, and the person alleged
23
to have committed the violation.
24
‘‘(B) PENALTIES.—
25
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‘‘(i)
ORDER
OF
SECRETARY
OF
1
LABOR.—If, in response to a complaint
2
filed under paragraph (1), the Secretary of
3
Labor determines that a violation of sub-
4
section (a) has occurred, the Secretary of
5
Labor shall order the person who com-
6
mitted such violation—
7
‘‘(I) to take affirmative action to
8
abate the violation;
9
‘‘(II) to reinstate the complain-
10
ant to his or her former position, to-
11
gether with compensation (including
12
back pay) and restore the terms, con-
13
ditions, and privileges associated with
14
his or her employment; and
15
‘‘(III) to provide compensatory
16
damages to the complainant.
17
‘‘(ii) PENALTY.—If an order is issued
18
under clause (i), the Secretary of Labor, at
19
the request of the complainant, shall assess
20
against the person against whom the order
21
is issued, a sum equal to the aggregate
22
amount of all costs and expenses (includ-
23
ing attorney fees and expert witness fees)
24
reasonably incurred, as determined by the
25
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Secretary of Labor, by the complainant
1
for, or in connection with, the bringing of
2
the complaint upon which the order was
3
issued.
4
‘‘(C) PENALTY FOR FRIVOLOUS CLAIMS.—
5
If the Secretary of Labor finds that a complaint
6
under paragraph (1) is frivolous or has been
7
brought in bad faith, the Secretary of Labor
8
may award to the prevailing labor organization
9
a reasonable attorney fee, not exceeding $1,000,
10
to be paid by the complainant.
11
‘‘(D) DE NOVO REVIEW.—
12
‘‘(i) FAILURE OF THE SECRETARY TO
13
ACT.—If the Secretary of Labor has not
14
issued a final order within 210 days after
15
the date of filing of a complaint under this
16
subsection, or within 90 days after the
17
date of receipt of a written determination,
18
the complainant may bring an action at
19
law or equity for de novo review in the ap-
20
propriate district court of the United
21
States having jurisdiction, which shall have
22
jurisdiction over such an action without re-
23
gard to the amount in controversy, and
24
which action shall, at the request of either
25
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•HR 721 IH
party to such action, be tried by the court
1
with a jury.
2
‘‘(ii)
PROCEDURES.—A
proceeding
3
under clause (i) shall be governed by the
4
same legal burdens of proof specified in
5
paragraph (3). The court shall have juris-
6
diction to grant all relief necessary to
7
make the employee whole, including injunc-
8
tive relief and compensatory damages, in-
9
cluding—
10
‘‘(I) reinstatement with the same
11
seniority status that the employee
12
would have had, but for the discharge
13
or discrimination;
14
‘‘(II) the amount of back pay,
15
with interest; and
16
‘‘(III) compensation for any spe-
17
cial damages sustained as a result of
18
the discharge or discrimination, in-
19
cluding litigation costs, expert witness
20
fees, and reasonable attorney fees.
21
‘‘(E) OTHER APPEALS.—Unless the com-
22
plainant brings an action under subparagraph
23
(D), any person adversely affected or aggrieved
24
by a final order issued under subparagraph (A)
25
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•HR 721 IH
may file a petition for review of the order in the
1
United States Court of Appeals for the circuit
2
in which the violation with respect to which the
3
order was issued, allegedly occurred or the cir-
4
cuit in which the complainant resided on the
5
date of such violation, not later than 60 days
6
after the date of the issuance of the final order
7
of the Secretary of Labor under subparagraph
8
(A). Review shall conform to chapter 7 of title
9
5, United States Code. The commencement of
10
proceedings under this subparagraph shall not,
11
unless ordered by the court, operate as a stay
12
of the order. An order of the Secretary of
13
Labor with respect to which review could have
14
been obtained under this subparagraph shall
15
not be subject to judicial review in any criminal
16
or other civil proceeding.
17
‘‘(5) FAILURE TO COMPLY WITH ORDER.—
18
‘‘(A) ACTIONS
BY
THE
SECRETARY.—If
19
any person has failed to comply with a final
20
order issued under paragraph (4), the Secretary
21
of Labor may file a civil action in the United
22
States district court for the district in which
23
the violation was found to have occurred, or in
24
the United States district c
[Text truncated for display. Full text available on Congress.gov.]