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It prevents employers from ending or changing an employee’s group health plan when employees are on a lawful strike or when the employer locks them out. It also creates civil penalties for employers (and in some cases their officers or directors) who violate these protections, and directs the National Labor Relations Board to consider prior violations and aggravating factors when setting penalties.
Amend paragraph (5) of Section 8(a) of the National Labor Relations Act by replacing the period at the end with a semicolon to allow additional clauses to be added.
Add a new paragraph (6) to Section 8(a) of the National Labor Relations Act that prohibits an employer from terminating or altering an employee's coverage under a group health plan during the period the employer is taking action to lock out, suspend, or otherwise withhold employment from the employee to influence the employee or the employee's representative in collective bargaining prior to a strike.
Add a new paragraph (7) to Section 8(a) of the National Labor Relations Act that prohibits an employer from terminating or altering an employee's coverage under a group health plan during the period the employee is engaged in a lawful strike.
Amend Section 2 of the National Labor Relations Act by adding a new paragraph (15) that defines the term 'group health plan' to have the meaning given in section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)).
Amend Section 12 of the National Labor Relations Act by striking and inserting new text for Section 12 titled 'Penalties' and a new subsection (a) heading 'Violations for interference with the board' (text begins: 'Any person; and').
Who is affected and how:
Employees: Workers engaged in lawful strikes will be less likely to lose employer-sponsored group health coverage. This reduces health insurance risk and financial stress during labor disputes.
Employers: Companies that use lockouts or that alter benefits during strikes could face greater legal exposure and monetary penalties. Employers may need to change lockout or strike-response strategies and budget for potential enforcement costs.
Labor organizations/unions: Unions gain stronger leverage and protection for members’ health coverage during collective action, which may affect bargaining dynamics.
Health plans and insurers: ERISA-governed plan administrators and insurers will need to coordinate with employers to maintain coverage during disputes and respond to any Board orders restoring or preserving benefits.
National Labor Relations Board: The NLRB will assume additional enforcement responsibilities, including assessing and collecting civil penalties and applying the new aggravating-factor guidance and 5-year lookback for prior violations.
Overall effect: The legislation increases protections for striking employees’ health coverage and creates stronger deterrents against employers disrupting that coverage. Employers face added compliance and potential financial risk; the NLRB’s enforcement workload and need for clear guidance will increase. The law works within ERISA-defined plan structures but adds a labor-law enforcement overlay focused specifically on group health plan continuity during labor disputes.
Last progress June 5, 2025 (8 months ago)
Introduced on June 5, 2025 by Tammy Baldwin
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Updated 3 days ago
Last progress May 21, 2025 (8 months ago)