[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4320 Reported in House (RH)]
Union Calendar No. 491
113th CONGRESS
2d Session
H. R. 4320
[Report No. 113-653]
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
December 9, 2014
Additional sponsors: Mr. Petri, Mr. Pearce, Mr. Griffin of Arkansas,
Mr. Heck of Nevada, Mr. Gibbs, Mr. Womack, Mr. Goodlatte, Mr. Stivers,
Mr. Poe of Texas, Mr. Coffman, Mr. King of Iowa, Mr. Harris, Mr.
Huelskamp, Mr. Tipton, Mr. Latham, Mr. Calvert, and Mr. Schock
December 9, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Workforce Democracy and
Fairness Act''.</DELETED>
<DELETED>SEC. 2. PRE-ELECTION HEARINGS.</DELETED>
<DELETED> Section 9(c)(1)(B) of the National Labor Relations Act (29
U.S.C. 159(c)(1)(B)) is amended--</DELETED>
<DELETED> (1) by inserting ``, but in no circumstances less
than 14 calendar days after the filing of the petition'' after
``upon due notice'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
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) 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 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''.
SEC. 3. DETERMINATION OF APPROPRIATE UNITS FOR COLLECTIVE BARGAINING.
Section 9(b) of the National Labor Relations Act (29 U.S.C. 159(b))
is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(2) by striking ``The Board shall decide'' and all that
follows through ``or subdivision thereof:'' and inserting the
following: ``(1) In each case, prior to an election, the Board
shall determine, in order to assure to employees the fullest
freedom in exercising the rights guaranteed by this Act, the
unit appropriate for the purposes of collective bargaining.
Unless otherwise stated in this Act, and excluding any
bargaining unit determination promulgated through rulemaking
before August 26, 2011, the unit appropriate for purposes of
collective bargaining shall consist of employees that share a
sufficient community of interest. In determining whether
employees share a sufficient community of interest, the Board
shall consider--
``(A) similarity of wages, benefits, and working
conditions;
``(B) similarity of skills and training;
``(C) centrality of management and common supervision;
``(D) extent of interchange and frequency of contact
between employees;
``(E) integration of the work flow and interrelationship of
the production process;
``(F) the consistency of the unit with the employer's
organizational structure;
``(G) similarity of job functions and work; and
``(H) the bargaining history in the particular unit and the
industry.
To avoid the proliferation or fragmentation of bargaining units,
employees shall not be excluded from the unit unless the interests of
the group seeking a separate unit are sufficiently distinct from those
of other employees to warrant the establishment of a separate unit.
Whether additional employees should be included in a proposed unit
shall be determined based on whether such additional employees and
proposed unit members share a sufficient community of interest, with
the sole exception of proposed accretions to an existing unit, in which
the inclusion of additional employees shall be based on whether such
additional employees and existing unit members share an overwhelming
community of interest and the additional employees have little or no
separate identity.''; and
(3) by striking ``Provided, That the Board'' and inserting
the following:
``(2) The Board''.
Union Calendar No. 491
113th CONGRESS
2d Session
H. R. 4320
[Report No. 113-653]
_______________________________________________________________________
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.
_______________________________________________________________________
December 9, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed