S. 3124: Protection on the Picket Line Act

The Protection on the Picket Line Act aims to amend the National Labor Relations Act to provide employees with enhanced protections from harassment and abuse during activities that are legally protected, such as union organizing or collective bargaining. Below are the main components of the bill:

Purpose of the Bill

The bill seeks to clarify the conditions under which employers can discipline employees who are involved in activities protected by labor laws. Specifically, the bill sets forth guidelines regarding harassment and abuse that employees might face while exercising their rights related to union activities.

Key Provisions

• Disciplinary Action Against Employees: The bill states that if an employer takes disciplinary action against an employee due to harassment or abuse occurring during an activity protected under labor law, this action is not considered an unfair labor practice unless the following criteria are met:
• The General Counsel must show evidence that:
  • The employee was engaging in protected activity.
  • The employer was aware of the employee’s protected activity.
  • The employer had a bias or negative intent towards the protected activity, demonstrated by a casual link between the disciplinary action and the protected conduct.
• The employer must also prove that they would have taken the same disciplinary action regardless of the employee’s involvement in the protected activity.

Overall Impact

This bill, if passed, would create more stringent requirements for employers when dealing with issues of harassment and abuse related to union activities, thereby potentially protecting employees who are involved in such activities from unjust disciplinary actions.

Relevant Companies

• None found