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S. 3116IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 3116

Restricting unfair labor practice charges that are not filed in good faith or are frivolous

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(a) Requirements for filing a charge Section 10(b) of the National Labor Relations Act (29 U.S.C. 160(b)) is amended— (1) by inserting in good faith after charged; and (2) by striking Provided, and inserting Provided, That no complaint shall issue unless the charge filed with the Board includes (1) documentation of evidence (including an affidavit, photo, video, email, text message, or other evidence determined appropriate by the Board) from an identified source supporting the charge, or (2) a certification by the person filing the charge that the person is unable to include such documentation and a description of the relevant evidence: Provided further,. (b) Right To inspect evidence presented in a complaint Section 10(b) of the National Labor Relations Act (29 U.S.C. 160(b)), as amended by subsection (a), is further amended by inserting The Board shall, before the hearing, produce to the person, and permit the person or a representative of the person to inspect, copy, test, or sample, any evidence to be used to determine whether the person has engaged in or is engaging in an unfair labor practice. after in the complaint.. (c) 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) Violations for filing bad faith or frivolous charges Any person who files a charge under section 10(b) not in good faith or engages in a pattern or practice of filing frivolous charges under such section, including a pattern or practice of filing charges that do not satisfy the requirement for documentation of evidence or certification under the first proviso of such section, shall be punished by a fine of not more than $5,000..

Sec. 2: Restricting unfair labor practice charges that are not filed in good faith or are frivolous · Public Law Tracker