“A bill to amend the National Labor Relations Act to protect employees from harassment and abuse, and for other purposes.”
No CRS summary available for this bill.
This section adds new subsection (h) to section 8(a) of the National Labor Relations Act (NLRA), establishing that an employer's disciplinary action against an employee for harassment or abuse occurring during activity protected under NLRA section 7 is not an unfair labor practice unless (1) the General Counsel makes an initial showing that the employee engaged in such protected activity (i.e., concerted activities for mutual aid or protection, including union organizing), the employer knew of it, and the employer demonstrated animus against it sufficient to prove a causal link to the discipline; and (2) the employer fails to prove it would have taken the same action absent the protected activity. (Thus, this shifts the burden to the National Labor Relations Board General Counsel to rebut employer discipline for such misconduct during protected activities.)