S. 1984 — Striking and Locked Out Workers Healthcare Protection Act

This section amends section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) to make it an unfair labor practice (1) to terminate or alter an employee's coverage under a group health plan during an employer lock-out intended to influence collective bargaining prior to a strike and (2) to do so during a lawful strike by employees. The section further amends section 2 of such Act (29 U.S.C. 152) to define group health plan by reference to section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)) (i.e., an employee welfare benefit plan providing medical care, excluding plans primarily for qualified long-term care services or qualified small employer health reimbursement arrangements).

This section restructures penalties under section 12 of the National Labor Relations Act (29 U.S.C. 162) by redesignating the existing criminal penalty for willful interference with the National Labor Relations Board or its agents—fine of up to $5,000, imprisonment up to one year, or both—as subsection (a) and adds new civil penalty provisions in subsections (b) through (e). Subsection (b) establishes civil penalties of up to $75,000 per violation of section 8(a)(6) (unfair labor practices related to group health plan coverage during a lock-out), doubled to $150,000 if coinciding with an employee discharge or serious economic harm and the employer had a prior such violation within the preceding five years. Subsection (c) establishes civil penalties of up to $50,000 per violation of section 8(a)(7) (unfair labor practices related to group health plan coverage during a lawful strike), doubled to $100,000 under similar circumstances. Subsection (d) authorizes the Board to assess penalties under (b) or (c) against directors or officers who directed or committed the violation or had knowledge and authority to prevent it but failed to do so. Subsection (e) requires the Board, in determining penalty amounts, to consider the violation's gravity (including impact on affected employees), employer size, violation history, and public interest. (These civil penalties apply in addition to other Board remedies.)