Section 1 Short title
This Act may be cited as the “Fairness in Filing Act”.
Fairness in Filing Act
A BILL
To amend the National Labor Relations Act to restrict charges of unfair labor practices that are not filed in good faith or are frivolous, and for other purposes.
Sec. 2 Restricting unfair labor practice charges that are not filed in good faith or are frivolous
Requirements for filing a charge— Section 10(b) of the National Labor Relations Act (29 U.S.C. 160(b)) is amended—
by inserting “in good faith” after “charged”; and
by striking “Provided,” and inserting “Provided, That no complaint shall issue unless the charge filed with the Board includes (1) documentation of evidence (including an affidavit, photo, video, email, text message, or other evidence determined appropriate by the Board) from an identified source supporting the charge, or (2) a certification by the person filing the charge that the person is unable to include such documentation and a description of the relevant evidence: Provided further,”.
Right To inspect evidence presented in a complaint— Section 10(b) of the National Labor Relations Act (29 U.S.C. 160(b)), as amended by subsection (a), is further amended by inserting “The Board shall, before the hearing, produce to the person, and permit the person or a representative of the person to inspect, copy, test, or sample, any evidence to be used to determine whether the person has engaged in or is engaging in an unfair labor practice.” after “in the complaint.”.
by striking “Sec. 12. Any person” and inserting the following:
“12. Penalties
“(a) Violations for interference with Board—Any person”
by adding at the end the following:
“(b) Violations for filing bad faith or frivolous charges—Any person who files a charge under section 10(b) not in good faith or engages in a pattern or practice of filing frivolous charges under such section, including a pattern or practice of filing charges that do not satisfy the requirement for documentation of evidence or certification under the first proviso of such section, shall be punished by a fine of not more than $5,000.”