; (B) the service is performed outside the usual course of the business of the employer; and (C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed. . (2) Section 2(11) of the National Labor Relations Act ( 29 U.S.C. 152(11) ) is amended— (A) by inserting and for a majority of the individual’s worktime after interest of the employer ; (B) by striking assign, ; and (C) by striking or responsibly to direct them, . (b) Appointment Section 4(a) of the National Labor Relations Act ( 29 U.S.C. 154(a) ) is amended by striking , or for economic analysis . (c) Unfair labor practices Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking the period and inserting ; and ; and (B) by adding at the end the following: (6) to promise, threaten, or take any action— (A) to permanently replace an employee who participates in a strike as defined by section 501(2) of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142(2) ); or (B) to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such a strike. ; (2) in subsection (b)— (A) by striking paragraphs (4) and (7); (B) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (C) in paragraph (4), as so redesignated, by adding and at the end; and (D) in paragraph (5), as so redesignated, by striking ; and and inserting a period