H.R. 3532 — Striking and Locked Out Workers Healthcare Protection Act

This section amends section 8(a) of the National Labor Relations Act to establish as unfair labor practices an employer's termination or alteration of an employee's coverage under a group health plan (1) during a lock-out, suspension, or withholding of employment intended to influence collective bargaining prior to a strike; and (2) during a lawful strike. The section also adds to section 2 of such Act a definition of "group health plan" by reference to the definition in section 607(1) of the Employee Retirement Income Security Act of 1974 (i.e., an employee welfare benefit plan providing medical care, excluding plans substantially covering qualified long-term care services or qualified small employer health reimbursement arrangements).

This section amends penalties under the National Labor Relations Act (NLRA) by redesignating the existing criminal penalty for willful interference with the National Labor Relations Board (NLRB)—a fine of up to $5,000, imprisonment for up to one year, or both—as subsection (a) and adding new civil penalty provisions in subsections (b)–(e) for employer unfair labor practices (ULPs) related to group health plan coverage. Specifically, it establishes the following civil penalties, in addition to any other NLRB remedies: (1) For ULPs under NLRA §8(a)(6) during a lockout, up to $75,000 per violation, doubled to $150,000 if coinciding with an employee discharge or causing serious economic harm to an employee and the employer committed another §8(a)(6) ULP within the prior five years; (2) For ULPs under NLRA §8(a)(7) during a lawful strike, up to $50,000 per violation, doubled to $100,000 under similar conditions involving discharge, serious economic harm, and a prior §8(a)(7) ULP; (3) personal liability for directors or officers who directed, committed, knew of, or failed to prevent such ULPs, as determined by the NLRB based on the facts; and (4) requirements for the NLRB to consider, in setting penalty amounts, the gravity of the employer's actions (including effects on charging parties or others exercising NLRA rights), employer size, history of violations, and public interest.