text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Union Integrity Act''.
  
  SEC. 2. WHISTLEBLOWER PROTECTION FOR UNION EMPLOYEES.
  
      The Labor-Management Reporting and Disclosure Act of 1959 (29 
  U.S.C. 401 et seq.) is amended--
              (1) by redesignating section 611 (29 U.S.C. 531) as section 
          612; and
              (2) by inserting after section 610 (29 U.S.C. 530), the 
          following new section:
  
               ``whistleblower protection for union employees
  
      ``Sec. 611.  (a) In General.--No labor organization shall terminate 
  or in any other way discriminate against, or cause to be terminated or 
  discriminated against, any covered employee of the labor organization 
  by reason of the fact that such employee, whether at the initiative of 
  the employee or in the ordinary course of the duties of the employee 
  (or any person acting pursuant to a request of the employee), has--
              ``(1) provided, caused to be provided, or is about to 
          provide or cause to be provided, information to the labor 
          organization, the Department of Labor, or any other State, 
          local, or Federal government authority or law enforcement 
          agency relating to any violation of, or any act or omission 
          that the employee reasonably believes to be a violation of, any 
          provision of this Act or any other provision of law that is 
          subject to the jurisdiction of the Department of Labor, the 
          National Labor Relations Board, or any rule, order, standard, 
          or prohibition prescribed by the Department of Labor or the 
          National Labor Relations Board;
              ``(2) testified or will testify in any proceeding resulting 
          from the administration or enforcement of any provision of this 
          Act or any other provision of law that is subject to the 
          jurisdiction of the Department of Labor or National Labor 
          Relations Board, or any rule, order, standard, or prohibition 
          prescribed by the Department of Labor or the National Labor 
          Relations Board;
              ``(3) filed, instituted, or caused to be filed or 
          instituted any proceeding under this Act; or
              ``(4) objected to, or refused to participate in, any 
          activity, policy, practice, or assigned task that the employee 
          (or other such person) reasonably believed to be in violation 
          of any law, rule, order, standard, or prohibition, subject to 
          the jurisdiction of, or enforceable by, the Department of Labor 
          or the National Labor Relations Board.
      ``(b) Definition of Covered Employee.--For the purposes of this 
  section, the term `covered employee' means any employee of a labor 
  organization who receives financial compensation for his or her 
  services to the labor organization, including officers of the labor 
  organization.
      ``(c) Procedures and Timetables.--
              ``(1) Complaint.--
                      ``(A) In general.--A person who believes that he or 
                  she has been discharged or otherwise discriminated 
                  against by any person in violation of subsection (a) 
                  may file (or have any person file on his or her behalf) 
                  a complaint with the Secretary of Labor alleging such 
                  discharge or discrimination and identifying the person 
                  responsible for such act. Such a complaint must be 
                  filed not later than either--
                              ``(i) 180 days after the date on which such 
                          alleged violation occurs; or
                              ``(ii) 180 days after the conclusion of any 
                          internal appeals, review, or other judicial or 
                          investigative process conducted by the labor 
                          organization employing such person.
                      ``(B) Actions of secretary of labor.--Upon receipt 
                  of such a complaint, the Secretary of Labor shall 
                  notify, in writing, the person named in the complaint 
                  who is alleged to have committed the violation, of--
                              ``(i) the filing of the complaint;
                              ``(ii) the allegations contained in the 
                          complaint;
                              ``(iii) the substance of evidence 
                          supporting the complaint; and
                              ``(iv) opportunities that will be afforded 
                          to such person under paragraph (2).
              ``(2) Investigation by secretary of labor.--
                      ``(A) In general.--Not later than 60 days after the 
                  date of receipt of a complaint filed under paragraph 
                  (1), and after affording the complainant and the person 
                  named in the complaint who is alleged to have committed 
                  the violation that is the basis for the complaint an 
                  opportunity to submit to the Secretary of Labor a 
                  written response to the complaint and an opportunity to 
                  meet with a representative of the Secretary of Labor to 
                  present statements from witnesses, the Secretary of 
                  Labor shall--
                              ``(i) initiate an investigation and 
                          determine whether there is reasonable cause to 
                          believe that the complaint has merit; and
                              ``(ii) notify the complainant and the 
                          person alleged to have committed the violation 
                          of subsection (a), in writing, of such 
                          determination.
                      ``(B) Notice of relief available.--If the Secretary 
                  of Labor concludes that there is reasonable cause to 
                  believe that a violation of subsection (a) has 
                  occurred, the Secretary of Labor shall, together with 
                  the notice under subparagraph (A)(ii), issue a 
                  preliminary order providing the relief prescribed by 
                  paragraph (4)(B).
                      ``(C) Request for hearing.--Not later than 30 days 
                  after the date of receipt of notification of a 
                  determination of the Secretary of Labor under this 
                  paragraph, either the person alleged to have committed 
                  the violation or the complainant may file objections to 
                  the findings or preliminary order, or both, and request 
                  a hearing on the record. The filing of such objections 
                  shall not operate to stay any reinstatement remedy 
                  contained in the preliminary order. Any such hearing 
                  shall be conducted expeditiously, and if a hearing is 
                  not requested in such 30-day period, the preliminary 
                  order shall be deemed a final order that is not subject 
                  to judicial review.
              ``(3) Grounds for determination of complaints.--
                      ``(A) In general.--The Secretary of Labor shall 
                  dismiss a complaint filed under this subsection, and 
                  shall not conduct an investigation otherwise required 
                  under paragraph (2), unless the complainant makes a 
                  prima facie showing that any behavior described in 
                  paragraphs (1) through (4) of subsection (a) was a 
                  contributing factor in the unfavorable personnel action 
                  alleged in the complaint.
                      ``(B) Rebuttal evidence.--Notwithstanding a finding 
                  by the Secretary of Labor that the complainant has made 
                  the showing required under subparagraph (A), no 
                  investigation otherwise required under paragraph (2) 
                  shall be conducted, if the labor organization 
                  demonstrates, by clear and convincing evidence, that 
                  the labor organization would have taken the same 
                  unfavorable personnel action in the absence of that 
                  behavior.
                      ``(C) Evidentiary standards.--The Secretary of 
                  Labor may determine that a violation of subsection (a) 
                  has occurred only if the complainant demonstrates that 
                  any behavior described in paragraphs (1) through (4) of 
                  subsection (a) was a contributing factor in the 
                  unfavorable personnel action alleged in the complaint. 
                  Relief may not be ordered under subparagraph (A) if the 
                  labor organization demonstrates by clear and convincing 
                  evidence that the labor organization would have taken 
                  the same unfavorable personnel action in the absence of 
                  that behavior.
              ``(4) Issuance of final orders; review procedures.--
                      ``(A) Timing.--Not later than 120 days after the 
                  date of conclusion of any hearing under paragraph (2), 
                  the Secretary of Labor shall issue a final order 
                  providing the relief prescribed by this paragraph or 
                  denying the complaint. At any time before issuance of a 
                  final order, a proceeding under this subsection may be 
                  terminated on the basis of a settlement agreement 
                  entered into by the Secretary of Labor, the 
                  complainant, and the person alleged to have committed 
                  the violation.
                      ``(B) Penalties.--
                              ``(i) Order of secretary of labor.--If, in 
                          response to a complaint filed under paragraph 
                          (1), the Secretary of Labor determines that a 
                          violation of subsection (a) has occurred, the 
                          Secretary of Labor shall order the person who 
                          committed such violation--
                                      ``(I) to take affirmative action to 
                                  abate the violation;
                                      ``(II) to reinstate the complainant 
                                  to his or her former position, together 
                                  with compensation (including back pay) 
                                  and restore the terms, conditions, and 
                                  privileges associated with his or her 
                                  employment; and
                                      ``(III) to provide compensatory 
                                  damages to the complainant.
                              ``(ii) Penalty.--If an order is issued 
                          under clause (i), the Secretary of Labor, at 
                          the request of the complainant, shall assess 
                          against the person against whom the order is 
                          issued, a sum equal to the aggregate amount of 
                          all costs and expenses (including attorney fees 
                          and expert witness fees) reasonably incurred, 
                          as determined by the Secretary of Labor, by the 
                          complainant for, or in connection with, the 
                          bringing of the complaint upon which the order 
                          was issued.
                      ``(C) Penalty for frivolous claims.--If the 
                  Secretary of Labor finds that a complaint under 
                  paragraph (1) is frivolous or has been brought in bad 
                  faith, the Secretary of Labor may award to the 
                  prevailing labor organization a reasonable attorney 
                  fee, not exceeding $1,000, to be paid by the 
                  complainant.
                      ``(D) De novo review.--
                              ``(i) Failure of the secretary to act.--If 
                          the Secretary of Labor has not issued a final 
                          order within 210 days after the date of filing 
                          of a complaint under this subsection, or within 
                          90 days after the date of receipt of a written 
                          determination, the complainant may bring an 
                          action at law or equity for de novo review in 
                          the appropriate district court of the United 
                          States having jurisdiction, which shall have 
                          jurisdiction over such an action without regard 
                          to the amount in controversy, and which action 
                          shall, at the request of either party to such 
                          action, be tried by the court with a jury.
                              ``(ii) Procedures.--A proceeding under 
                          clause (i) shall be governed by the same legal 
                          burdens of proof specified in paragraph (3). 
                          The court shall have jurisdiction to grant all 
                          relief necessary to make the employee whole, 
                          including injunctive relief and compensatory 
                          damages, including--
                                      ``(I) reinstatement with the same 
                                  seniority status that the employee 
                                  would have had, but for the discharge 
                                  or discrimination;
                                      ``(II) the amount of back pay, with 
                                  interest; and
                                      ``(III) compensation for any 
                                  special damages sustained as a result 
                                  of the discharge or discrimination, 
                                  including litigation costs, expert 
                                  witness fees, and reasonable attorney 
                                  fees.
                      ``(E) Other appeals.--Unless the complainant brings 
                  an action under subparagraph (D), any person adversely 
                  affected or aggrieved by a final order issued under 
                  subparagraph (A) may file a petition for review of the 
                  order in the United States Court of Appeals for the 
                  circuit in which the violation with respect to which 
                  the order was issued, allegedly occurred or the circuit 
                  in which the complainant resided on the date of such 
                  violation, not later than 60 days after the date of the 
                  issuance of the final order of the Secretary of Labor 
                  under subparagraph (A). Review shall conform to chapter 
                  7 of title 5, United States Code. The commencement of 
                  proceedings under this subparagraph shall not, unless 
                  ordered by the court, operate as a stay of the order. 
                  An order of the Secretary of Labor with respect to 
                  which review could have been obtained under this 
                  subparagraph shall not be subject to judicial review in 
                  any criminal or other civil proceeding.
              ``(5) Failure to comply with order.--
                      ``(A) Actions by the secretary.--If any person has 
                  failed to comply with a final order issued under 
                  paragraph (4), the Secretary of Labor may file a civil 
                  action in the United States district court for the 
                  district in which the violation was found to have 
                  occurred, or in the United States district court for 
                  the District of Columbia, to enforce such order. In 
                  actions brought under this paragraph, the district 
                  courts shall have jurisdiction to grant all appropriate 
                  relief including injunctive relief and compensatory 
                  damages.
                      ``(B) Civil actions to compel compliance.--A person 
                  on whose behalf an order was issued under paragraph (4) 
                  may commence a civil action against the person to whom 
                  such order was issued to require compliance with such 
                  order. The appropriate United States district court 
                  shall have jurisdiction, without regard to the amount 
                  in controversy or the citizenship of the parties, to 
                  enforce such order.
                      ``(C) Award of costs authorized.--The court, in 
                  issuing any final order under this paragraph, may award 
                  costs of litigation (including reasonable attorney and 
                  expert witness fees) to any party, whenever the court 
                  determines such award is appropriate.
                      ``(D) Mandamus proceedings.--Any nondiscretionary 
                  duty imposed by this section shall be enforceable in a 
                  mandamus proceeding brought under section 1361 of title 
                  28, United States Code.
      ``(d) Limitation of Preemption.--Nothing in this Act shall be 
  construed--
              ``(1) to limit the ability of members of a labor 
          organization to remove their elected or appointed officials 
          through a democratic election conducted among such members; or
              ``(2) to preempt a State or local government from providing 
          additional protections to employees of labor organizations who 
          allege violations of subsection (a), provided that such 
          protections do not limit the ability of members of a labor 
          organization to remove their elected or appointed officials 
          through a democratic ballot.
      ``(e) Unenforceability of Certain Agreements.--
              ``(1) No waiver of rights and remedies.--Notwithstanding 
          any other provision of law, the rights and remedies provided 
          for in this section may not be waived by any agreement, policy, 
          form, or condition of employment, including by any predispute 
          arbitration agreement.
              ``(2) No predispute arbitration agreements.--
          Notwithstanding any other provision of law, no predispute 
          arbitration agreement shall be valid or enforceable to the 
          extent that it requires arbitration of a dispute arising under 
          this section.''.
target: Union Integrity Act Amends the Labor-Management Reporting and Disclosure Act of 1959 to prescribe whistleblower protections that prohibit a labor organization from discriminating against any of its employees who has: (1) provided information to the labor organization, the Department of Labor, or any other state, local, or federal government authority or law enforcement agency regarding any violation of the Act or any Department or National Labor Relations Board (NLRB) order; (2) testified in any Department or NLRB administrative or enforcement proceeding; (3) filed or instituted any such proceeding; or (4) refused to perform an assigned task that the employee reasonably believed to be in violation of any law, order, or prohibition enforced by the Department or the NLRB. Prescribes procedures for filing and processing complaints for violations of this Act. Declares that nothing in this Act shall be construed to: (1) limit employees to remove elected or appointed union officials through a democratic election; or (2) preempt a state or local government from providing additional protections to such employees who allege a violation, provided such protections do not limit the ability of those employees to remove such officials through a democratic ballot.
feat_title: Union Integrity Act