Workforce Democracy and Fairness Act

Workforce Democracy and Fairness Act - 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.

Requires the Board also, not earlier than seven days after a final determination of the appropriate bargaining unit, to acquire from the employer a list of all employees eligible to vote in the election, which shall: (1) be made available to all parties, and (2) include the employees' names as well as one additional form of personal contact information (such as telephone number, email address, or mailing address) chosen by the employee in writing.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2178 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2178

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, and to require that lists of employees eligible to 
    vote in organizing elections be provided to the National Labor 
                            Relations Board.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2014

   Mr. Alexander (for himself, Mr. Enzi, Mr. Isakson, Mr. Hatch, Mr. 
Scott, and Mr. Barrasso) 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 with respect to the timing of 
   elections and pre-election hearings and the identification of pre-
  election issues, and to require that lists of employees eligible to 
    vote in organizing elections be provided to the National Labor 
                            Relations Board.

    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; LIST OF EMPLOYEES ELIGIBLE TO VOTE IN 
              ELECTIONS.

    Section 9(c)(1) of the National Labor Relations Act (29 U.S.C. 
159(c)(1)) is amended in the matter following subparagraph (B)--
            (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 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.'';
            (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''; and
            (4) by adding at the end the following: ``Not earlier than 
        7 days after a final determination by the Board of the 
        appropriate bargaining unit, the Board shall acquire from the 
        employer a list of all employees eligible to vote in the 
        election to be made available to all parties, which shall 
        include the names of the employees, and one additional form of 
        personal contact information of the employee (such as telephone 
        number, email address, or mailing address) chosen by the 
        employee in writing.''.
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