Protection on the Picket Line Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 3124 Introduced in Senate (IS)] <DOC> 119th CONGRESS 1st Session S. 3124 To amend the National Labor Relations Act to protect employees from harassment and abuse, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES November 6, 2025 Mr. Tuberville (for himself and Mr. Cassidy) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the National Labor Relations Act to protect employees from harassment and abuse, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection on the Picket Line Act''. SEC. 2. PROTECTING EMPLOYEES FROM HARASSMENT AND ABUSE. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) In any case in which an employer takes disciplinary action against an employee for harassment or abuse that occurs in the course of activity protected under section 7, it shall not be an unfair labor practice under this section for the employer to take such disciplinary action unless-- ``(1) the General Counsel makes an initial showing that-- ``(A) the employee engaged in activity protected under section 7; ``(B) the employer knew of that activity; and ``(C) the employer had animus against that activity, as proven with evidence sufficient to establish a causal relationship between the disciplinary action and the activity protected under section 7; and ``(2) the employer has not met the burden of persuasion to prove that the employer would have taken the same disciplinary action in the absence of the activity protected under section 7.''. <all>