Workforce Democracy and Fairness Act

Workforce Democracy and Fairness Act - (Sec. 2) Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to require that no investigative hearing take place until at least 14 days after the filing of an election petition regarding collective bargaining representation when the NLRB has reasonable cause to believe that the petition raises a question of representation affecting commerce. Requires such hearings to be non-adversarial, and the hearing officer, in collaboration with the parties, to identify any relevant and material pre-election issues.

Requires the NLRB, in cases where it finds that a question of representation exists, to: (1) direct an election by secret ballot as soon as practicable but not before 35 calendar days after the filing of the election petition, and (2) certify election results only after it has ruled on each pre-election issue not resolved before the election and any additional issue pertaining to the conduct or results of that election.

(Sec. 3) Revises requirements for determination by the NLRB of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.)

Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations.

Prohibits exclusion of employees from the unit unless the group's interest are sufficiently distinct from those of other employees to warrant the establishment of a separate unit.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4320 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4320

To amend the National Labor Relations Act with respect to the timing of 
   elections and pre-election hearings and the identification of pre-
                            election issues.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2014

 Mr. Kline (for himself, Mr. McKeon, Mr. Wilson of South Carolina, Mr. 
 Price of Georgia, Mr. Marchant, Mr. Hunter, Mr. Roe of Tennessee, Mr. 
Thompson of Pennsylvania, Mr. Walberg, Mr. Salmon, Mr. DesJarlais, Mr. 
Rokita, Mr. Bucshon, Mr. Gowdy, Mrs. Brooks of Indiana, Mr. Hudson, Mr. 
Messer, Mr. Gingrey of Georgia, Mr. Kelly of Pennsylvania, Mr. Ribble, 
 and Mr. Schweikert) introduced the following bill; which was referred 
            to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the National Labor Relations Act with respect to the timing of 
   elections and pre-election hearings and the identification of pre-
                            election issues.

    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 ``Workforce Democracy and Fairness 
Act''.

SEC. 2. PRE-ELECTION HEARINGS.

    Section 9(c)(1)(B) of the National Labor Relations Act (29 U.S.C. 
159(c)(1)(B)) is amended--
            (1) by inserting ``, but in no circumstances less than 14 
        calendar days after the filing of the petition'' after ``upon 
        due notice'';
            (2) by inserting after ``with respect thereto.'' the 
        following: ``An appropriate hearing shall be one that is non-
        adversarial with the hearing officer charged, in collaboration 
        with the parties, with the responsibility of identifying any 
        relevant and material pre-election issues and thereafter making 
        a full record thereon. Relevant and material pre-election 
        issues shall include, in addition to unit appropriateness, the 
        Board's jurisdiction and any other issue the resolution of 
        which may make an election unnecessary or which may reasonably 
        be expected to impact the outcome of the election. Parties may 
        independently raise any relevant and material pre-election 
        issue or assert any relevant and material position at any time 
        prior to the close of the hearing.''; and
            (3) by striking ``and shall certify the results thereof'' 
        and inserting ``to be conducted as soon as practicable but no 
        earlier than 35 calendar days after the filing of an election 
        petition. The Board shall certify the results of the election 
        after it has ruled on each pre-election issue not resolved 
        before the election and any additional issue pertaining to the 
        conduct or results of the election''.
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