{"format":1,"id":"117-hr-842","congress":117,"number":"H.R. 842","kind":"bill","group":"bills","title":"Protecting the Right to Organize Act of 2021","title_source":"Short Title(s) as Passed House","official_title":"To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959, and for other purposes."},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"Protecting the Right to Organize Act of 2021"},{"type":"Display Title","title":"Protecting the Right to Organize Act of 2021"},{"type":"Short Title(s) as Passed House","title":"Protecting the Right to Organize Act of 2021"},{"type":"Short Title(s) as Introduced","title":"Protecting the Right to Organize Act of 2021"}],"outcome":"passed_house","law_number":null,"introduced":"2021-02-04","chambers":{"house":{"status":"roll_call","date":"2021-03-09","vote":{"id":"117-2021-h70","question":"On Passage","title":"Protecting the Right to Organize Act","result":"Passed","yea":225,"nay":206,"present":0,"not_voting":1,"source":"https://clerk.house.gov/evs/2021/roll070.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.","date":"2021-03-11"},"nominees":null,"amendments":[{"number":"H.Amdt. 25","sponsor":"Rep. Scott, Robert C. \"Bobby\" [D-VA-3]","purpose":"Amendments en bloc No. 1 comprised of amendments numbered 1, 4, 9, 11, 12, 13, 14, 15, 16, and 17, printed in Part B of House Report 117-10.","result":"Agreed to","date":"2021-03-09","yea":227,"nay":196,"present":0,"not_voting":8,"source":"https://clerk.house.gov/evs/2021/roll067.xml"},{"number":"H.Amdt. 26","sponsor":"Rep. Scott, Robert C. \"Bobby\" [D-VA-3]","purpose":"Amendments en bloc No. 2 comprised of amendments numbered 2, 3, 5, 6, 7, 8, 10, 18, and 19, printed in Part B of House Report 117-10.","result":"Failed","date":"2021-03-09","yea":185,"nay":243,"present":0,"not_voting":3,"source":"https://clerk.house.gov/evs/2021/roll068.xml"}],"other_votes":[{"chamber":"house","date":"2021-03-09","question":"On Agreeing to the Amendment","title":"","result":"Agreed to","yea":227,"nay":196,"present":0,"not_voting":8,"kind":"amendment","source":"https://clerk.house.gov/evs/2021/roll067.xml"},{"chamber":"house","date":"2021-03-09","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":185,"nay":243,"present":0,"not_voting":3,"kind":"amendment","source":"https://clerk.house.gov/evs/2021/roll068.xml"},{"chamber":"house","date":"2021-03-09","question":"On Motion to Recommit","title":"Protecting the Right to Organize Act","result":"Failed","yea":206,"nay":218,"present":0,"not_voting":7,"kind":"procedural","source":"https://clerk.house.gov/evs/2021/roll069.xml"}],"crs_summary":{"date":"2021-03-09","stage":"Passed House","blocks":[{"k":"h","t":"Protecting the Right to Organize Act of 2021"},{"k":"p","t":"This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace."},{"k":"p","t":"Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes."},{"k":"p","t":"The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes."},{"k":"p","t":"The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation."},{"k":"p","t":"The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include"},{"k":"li","t":"providing information about a potential violation to an enforcement agency,","d":1},{"k":"li","t":"participating in an enforcement proceeding,","d":1},{"k":"li","t":"initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or","d":1},{"k":"li","t":"refusing to participate in an activity the employee reasonably believes is a violation of labor laws.","d":1},{"k":"p","t":"Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders."}],"words":337},"summary":{"main_subject":{"text":"Amends the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959 to change the rules for union organizing, representation elections, unfair labor practices, and penalties and remedies for violations.","cites":[{"label":"Title I","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H3A196432ECE745BAB6456E437BD19C3A"},{"label":"Title II","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-HDA0DBF7E6D014450A0C5576E87481B5D"}]},"core_areas":["Definitions of employer, employee and supervisor under the National Labor Relations Act","Employer unfair labor practices","Union representation election procedures and remote electronic voting","First collective bargaining agreements, mediation and arbitration","Civil penalties, damages and enforcement of National Labor Relations Board orders","Whistleblower protections and consultant reporting under the Labor-Management Reporting and Disclosure Act of 1959"],"what_it_does":[{"text":"Amends the National Labor Relations Act definitions of employer, employee and supervisor, including a test under which a person performing service is an employee, not an independent contractor, unless three listed conditions are met.","cite":{"label":"Sec. 101","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H3A91F8B36FE4415495CD8B9AE4E2AC4A"}},{"text":"Adds employer unfair labor practices, including permanently replacing an employee who participates in a strike and entering agreements under which employees promise not to pursue joint, class or collective claims.","cite":{"label":"Sec. 104","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H7E724AD93D804B8B9E5EC16FEBEE4ACE"}},{"text":"Requires the Board to certify a labor organization and order bargaining when a majority of valid votes cast favor representation, and sets deadlines, including scheduling elections not later than the 20th business day after the direction of election.","cite":{"label":"Sec. 105","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-HC18972442D2249A0A045BF5B0DBF1AC8"}},{"text":"Provides for civil penalties of not more than $50,000 for each employer unfair labor practice under section 8(a), doubled to not more than $100,000 for certain violations where the employer committed another such violation within the preceding 5 years.","cite":{"label":"Sec. 109","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H2BC1999107B142A69A2BCB2EB2B90685"}},{"text":"Adds whistleblower protections to the Labor-Management Reporting and Disclosure Act of 1959, barring employers and labor organizations from terminating or discriminating against covered employees for providing information, testifying or refusing to take part in a violation.","cite":{"label":"Sec. 202","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H0272C2D3B79D4F8BB7432A24BA731094"}},{"text":"Requires the National Labor Relations Board to implement, not later than 90 days after enactment, a system to conduct representation elections remotely by internet or telephone voting.","cite":{"label":"Sec. 301","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-HF239570B349F47D59BB36F705A8E1C14"}}],"unexpected":[{"category":"off_subject","items":[{"cite":{"label":"Sec. 110","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H3EC370D2EEBE4F4895359282AB074B82"},"heading":"Limitations on the right to strike","effect":"Provides that the duration, scope, frequency, or intermittence of a strike does not make it unprotected or prohibited under section 13.","amount":null,"quote":"the duration, scope, frequency, or intermittence of any strike or strikes shall not render such strike or strikes unprotected or prohibited."},{"cite":{"label":"Sec. 111","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H29CC929C0C70427AA2962A676720B3C9"},"heading":"Fair share agreements permitted","effect":"Makes collective bargaining agreements requiring all unit employees to pay representation fees as a condition of employment valid and enforceable notwithstanding any State or Territorial law.","amount":null,"quote":"shall be valid and enforceable notwithstanding any State or Territorial law."},{"cite":{"label":"Sec. 201","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-HEACD7033AA094DB79571A9CA8A606BAF"},"heading":"Conforming amendments to the Labor Management Relations Act, 1947","effect":"Updates cross-references in section 213(a) of the Labor Management Relations Act, 1947, and repeals section 303 of that Act.","amount":null,"quote":"(2) by repealing section 303 (29 U.S.C. 187)."},{"cite":{"label":"Sec. 302","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-HEFD0DB72F3C946E9B988BF3E1636270A"},"heading":"GAO report on sectoral bargaining","effect":"Directs the Comptroller General to review and report to Congress on sectoral-level collective bargaining in a geographically diverse set of countries within 3 years of enactment.","amount":null,"quote":"the Comptroller General shall conduct a review of collective bargaining at the sectoral level in a geographically diverse set of countries where sectoral bargaining is facilitated"},{"cite":{"label":"Sec. 304","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H94DEA2907CED4988975429DBD300FFC2"},"heading":"Authorization of appropriations","effect":"Authorizes appropriations of such sums as may be necessary to carry out the Act and its amendments, with no dollar amount stated.","amount":null,"quote":"There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act and the amendments made by this Act."},{"cite":{"label":"Sec. 309","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-HD875F504E51F412F84A7B3CED3593042"},"heading":"GAO Report","effect":"Directs a GAO study of the impact of Sections 101(a) and 101(b), a report to committees, and a Presidential consideration period within 60 days to recommend modifications to those sections, plus a sense of the House.","amount":null,"quote":"The President, in consultation with the Department of Labor and other agencies as the President deems appropriate, shall, subsequent to the issuance of such report, consider such findings"}]},{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 305","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H49F79455822B479FB64D9A58DB154834"},"heading":"Rule of Construction","effect":"Provides that the Act's amendments are not to be construed to amend section 274A of the Immigration and Nationality Act.","amount":null,"quote":"The amendments made under this Act shall not be construed to amend section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a)."},{"cite":{"label":"Sec. 306","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H7513963F04B845B4A6A0F2DF0222768A"},"heading":"Rule of Construction","effect":"Provides that the Act's amendments are not to be construed to affect the Board's jurisdictional standards, including business-size standards based on revenues.","amount":null,"quote":"shall not be construed to affect the jurisdictional standards of the National Labor Relations Board, including any standards that measure the size of a business with respect to revenues"},{"cite":{"label":"Sec. 307","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H02EC382B8EE94891BDB4D68BD81E4DE2"},"heading":"Rule of Construction","effect":"Provides that nothing in the Act is to be construed to affect employee privacy with respect to voter lists provided to labor organizations in Board-directed elections.","amount":null,"quote":"Nothing in this Act or the amendments made by this Act shall be construed to affect the privacy of employees with respect to voter lists"},{"cite":{"label":"Sec. 308","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H6E2407D39B384E77A3BC91EDE708B445"},"heading":"Rule of Construction","effect":"Provides that the Act's amendments are not to be construed to affect State-law definitions of employer or employee governing wages, work hours, workers' compensation, or unemployment insurance.","amount":null,"quote":"shall not be construed to affect the definitions of “employer” or “employee” under the laws of any State that govern the wages, work hours, workers’ compensation, or unemployment insurance of employees."},{"cite":{"label":"Sec. 104","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H7E724AD93D804B8B9E5EC16FEBEE4ACE"},"heading":"Unfair labor practices","effect":"Makes it an unfair labor practice for an employer to require employees to waive joint, class or collective claims, but exempts agreements embodied in or expressly permitted by a contract between an employer and a labor organization.","amount":null,"quote":"Provided further, That this subsection shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization."}]},{"category":"process_change","items":[{"cite":{"label":"Sec. 102","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-HB15463D5BE0D49FDB9A79FB7BA539E3D"},"heading":"Reports","effect":"Requires the Board's annual reports to continue after the sunset law would end them, effective January 1, 2023, and to list cases involving ethics-official recusal advice and determinations.","amount":null,"quote":"Effective January 1, 2023, section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (Public Law 166–44; 31 U.S.C. 1113 note) shall not apply with respect to reports required under this subsection."},{"cite":{"label":"Sec. 103","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H81EC45175EB640BB91753F4EB3E94547"},"heading":"Appointment","effect":"Removes the words \", or for economic analysis\" from the Board's authority to appoint staff under section 4(a) of the National Labor Relations Act.","amount":null,"quote":"Section 4(a) of the National Labor Relations Act (29 U.S.C. 154(a)) is amended by striking “, or for economic analysis”."},{"cite":{"label":"Sec. 108","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh#toc-H6A7F6480AC01466AAA1596F4B78D8DFE"},"heading":"Injunctions against unfair labor practices involving discharge or other serious economic harm","effect":"Requires priority investigation and a petition for temporary relief in certain employer unfair labor practice charges, directs courts to grant relief unless no reasonable likelihood of Board success, and repeals subsections (k) and (l) of section 10.","amount":null,"quote":"The district court shall grant the relief requested unless the court concludes that there is no reasonable likelihood that the Board will succeed on the merits of the Board’s claim."}]}],"version":{"type":"Engrossed in House","date":"2021-03-09","rule":"passed","href":"https://www.congress.gov/bill/117th-congress/house-bill/842/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-15","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/117th-congress/house-bill/842","text":"https://www.congress.gov/bill/117th-congress/house-bill/842/text"},"card":{"image":"card/item/117-hr-842.png","v":"4e30f24f9d27","alt":"Votes on Record. H.R. 842, 117th Congress: Protecting the Right to Organize Act of 2021. House: 225 Yea, 206 Nay. Outcome: Passed House, 9 Mar 2021."}}