This bill, known as the "Protection on the Picket Line Act," amends Section 8 of the National Labor Relations Act to establish clear guidelines for employers disciplining employees for harassment or abuse during protected activities. It specifies that such disciplinary action will not be considered an unfair labor practice under the Act, provided certain conditions are met. For the disciplinary action to be deemed an unfair labor practice, the General Counsel must first demonstrate that the employee engaged in protected activity, the employer was aware of it, and the employer acted with animus against that activity , proving a causal link. Additionally, the employer must fail to meet the burden of persuasion that they would have taken the same disciplinary action irrespective of the protected activity. This framework aims to balance employee rights during labor actions with accountability for misconduct.
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Labor and Employment
Protection on the Picket Line Act
USA119th CongressS-3124| Senate
| Updated: 11/6/2025
This bill, known as the "Protection on the Picket Line Act," amends Section 8 of the National Labor Relations Act to establish clear guidelines for employers disciplining employees for harassment or abuse during protected activities. It specifies that such disciplinary action will not be considered an unfair labor practice under the Act, provided certain conditions are met. For the disciplinary action to be deemed an unfair labor practice, the General Counsel must first demonstrate that the employee engaged in protected activity, the employer was aware of it, and the employer acted with animus against that activity , proving a causal link. Additionally, the employer must fail to meet the burden of persuasion that they would have taken the same disciplinary action irrespective of the protected activity. This framework aims to balance employee rights during labor actions with accountability for misconduct.