Current Employee Representation Act

Current Employee Representation Act

This bill amends the National Labor Relations Act to allow an employee or group of employees to petition for a union certification election: (1) if fewer than 50% of the current bargaining unit were unit members in the last certification election, or (2) no certification election was conducted for such unit.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4327 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4327

To amend the National Labor Relations Act to provide that a question of 
    representation affecting commerce shall exist when a petitioner 
 establishes that fewer than 50 percent of the current bargaining unit 
    members had the opportunity to vote in a certification election 
    covering their bargaining unit or no certification election was 
                   conducted, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 2017

    Mr. Francis Rooney of Florida (for himself, Mr. Wilson of South 
Carolina, Mr. Byrne, Mr. Rokita, Mr. Garrett, Mr. Dunn, Mr. Norman, Mr. 
Perry, Mr. Rogers of Alabama, Mr. Budd, Mr. Yoho, Mr. Ferguson, and Mr. 
   Meadows) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the National Labor Relations Act to provide that a question of 
    representation affecting commerce shall exist when a petitioner 
 establishes that fewer than 50 percent of the current bargaining unit 
    members had the opportunity to vote in a certification election 
    covering their bargaining unit or no certification election was 
                   conducted, and for other purposes.

    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 ``Current Employee Representation 
Act''.

SEC. 2. FILING AND TREATMENT OF PETITIONS FOR CERTIFICATION OF 
              BARGAINING REPRESENTATIVE.

    (a) Petition Described.--Section 9(c)(1) of the National Labor 
Relations Act (29 U.S.C. 159(c)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) by an employee or a group of employees or any 
                individual or labor organization acting in their 
                behalf, or an employer, alleging that the labor 
                organization that has been certified or is currently 
                recognized by the employer as the bargaining 
                representative is no longer a representative as defined 
                in subsection (a), if--
                            ``(i) fewer than 50 percent of the members 
                        of the bargaining unit in question had an 
                        opportunity to vote in the certification 
                        election that resulted in certifying the labor 
                        organization then recognized as the bargaining 
                        representative for such unit; or
                            ``(ii) no certification election was 
                        conducted regarding such unit;''.
    (b) Existence of Question of Representation.--Section 9(c)(2) of 
the National Labor Relations Act (29 U.S.C. 159(c)(2)) is amended by 
adding at the end the following: ``When a petition is filed under 
paragraph (1)(C), a question of representation affecting commerce 
exists if the petitioner establishes the existence of the circumstances 
described in paragraph (1)(C)(i) or paragraph (1)(C)(ii).''.
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