The latest iteration of the bill released by House and Senate leaders Thursday would fine employers up to $50,000 for each “unfair labor practice,” and up to $100,000 in cases where a worker was illegally fired. An unfair labor practice ― commonly called a ULP ― is a violation of the National Labor Relations Act, the New Deal-era law that protects the right of workers to form unions or join together to improve their working conditions.
These fines would have big impact because currently, there’s almost no downside to breaking the law. If an employer is found to have illegally fired union supporters, the most they have to do is offer reinstatement and backpay. And the backpay is “mitigated” — meaning any other wages the worker earned elsewhere after getting fired would be subtracted from what the scofflaw employer owes the person it fired.