H.R.3532 - Striking and Locked Out Workers Healthcare Protection Act (119th Congress)
Summary
H.R.3532, the Striking and Locked Out Workers Healthcare Protection Act, aims to prevent employers from terminating health insurance coverage for employees during lockouts or lawful strikes. The bill amends the National Labor Relations Act (NLRA) to include such terminations as unfair labor practices. It also introduces civil penalties for violations, potentially reaching $150,000 per violation in cases involving employee discharge or serious economic harm, with increased penalties for repeat offenses and potential liability for directors and officers.
Expected Effects
If enacted, this bill would provide greater security for workers and their families during labor disputes, ensuring continued access to healthcare. It could also lead to increased costs for employers due to potential penalties and the requirement to maintain health coverage during strikes and lockouts. This may shift the balance of power slightly in favor of labor during collective bargaining.
Potential Benefits
- Ensures continued healthcare coverage for workers and their families during strikes and lockouts.
- Discourages employers from using healthcare as a bargaining chip during labor disputes.
- Provides financial penalties for employers who violate the act, potentially deterring unfair labor practices.
- May improve worker morale and reduce stress during labor disputes, leading to more productive negotiations.
- Could lead to a more equitable bargaining process between employers and employees.
Potential Disadvantages
- May increase costs for employers, potentially leading to reduced investment in other areas or higher prices for consumers.
- Could incentivize longer strikes or lockouts, as workers may be less pressured to settle due to continued healthcare coverage.
- May face legal challenges from employers arguing that it infringes on their right to manage their businesses.
- The increased penalties could lead to more contentious labor relations.
- Potential for increased administrative burden for the National Labor Relations Board (NLRB) in enforcing the act.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is primarily rooted in Congress's power to regulate interstate commerce (Article I, Section 8). By amending the National Labor Relations Act, the bill seeks to regulate labor practices that affect interstate commerce. The bill does not appear to infringe upon individual liberties outlined in the Bill of Rights, such as freedom of speech or assembly (First Amendment).
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).