Improving workplace democracy through civil monetary penalties

Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended— (1) by striking Sec. 12. Any person and inserting the following: 12. Penalties (a) Violations for interference with board Any person; and (2) by adding at the end the following: (b) Civil penalties for unfair labor practices Any employer who commits an unfair labor practice within the meaning of section 8(a) shall be subject to a civil penalty in an amount not to exceed $50,000 for each such violation, except that, with respect to such an unfair labor practice within the meaning of paragraph (3) or (4) of section 8(a) or such a violation of section 8(a) that results in the discharge of an employee or other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $100,000, in any case where the employer has within the preceding 5 years committed another such violation of such paragraph (3) or (4) or such violation of section 8(a) that results in such discharge or other serious economic harm. A civil penalty under this paragraph shall be in addition to any other remedy ordered by the Board. Sums collected as civil penalties pursuant to this section shall be deposited in the general fund of the Treasury. (c) Considerations In determining the amount of any civil penalty under this section, the Board shall consider— (1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; (2) the size of the employer; (3) the history of any previous unfair labor practices or other actions by the employer resulting in a penalty; and (4) the public interest. (d) Director and officer liability If the Board determines, based on the particular facts and circumstances presented, that a director or officer’s personal liability is warranted, a civil penalty for a unfair labor practice described in this section may also be assessed against any director or officer of the employer who directed or committed the unfair labor practice, had established a policy that led to such an unfair labor practice, or had actual or constructive knowledge of and the authority to prevent the unfair labor practice and failed to prevent the unfair labor practice..