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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1425 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1425

    To amend the National Labor Relations Act to ensure fairness in 
       election procedures with respect to collective bargaining 
                            representatives.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2011

Mr. DeMint (for himself, Mr. Graham, Mr. Risch, Mr. Rubio, Mr. Vitter, 
  Mr. Hatch, and Mr. Coburn) 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 to ensure fairness in 
       election procedures with respect to collective bargaining 
                            representatives.

    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 ``Fair Representation in Elections Act 
of 2011''.

SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.

    Section 9 of the National Labor Relations Act (29 U.S.C. 159) is 
amended--
            (1) in subsection (b), by inserting ``prior to an 
        election'' after ``in each case''; and
            (2) in subsection (c)--
                    (A) in the flush matter following paragraph 
                (1)(B)--
                            (i) by inserting ``of 14 days in advance'' 
                        after ``appropriate hearing upon due notice'';
                            (ii) by inserting ``, and a review of post-
                        hearing appeals,'' after ``the record of such 
                        hearing''; and
                            (iii) by adding at the end the following: 
                        ``No election shall be conducted less than 40 
                        calendar days following the filing of an 
                        election petition. The employer shall provide 
                        the Board a list of employee names and home 
                        addresses of all eligible voters within 7 days 
                        following the Board's determination of the 
                        appropriate unit or following any agreement 
                        between the employer and the labor organization 
                        regarding the eligible voters.''; and
                    (B) by adding at the end the following:
    ``(6)(A) No election shall take place after the filing of any 
petition unless and until--
            ``(i) a hearing is conducted before a qualified hearing 
        officer in accordance with due process on any and all material, 
        factual issues regarding jurisdiction, statutory coverage, 
        appropriate unit, unit inclusion or exclusion, or eligibility 
        of individuals; and
            ``(ii) the issues are resolved by a Regional Director, 
        subject to appeal and review, or by the Board.
    ``(B) No election results shall be final and no labor organization 
shall be certified as the bargaining representative of the employees in 
an appropriate unit unless and until the Board has ruled on--
            ``(i) each pre-election issue not resolved before the 
        election; and
            ``(ii) the resolution, following a hearing conducted in 
        accordance with due process, of each issue pertaining to the 
        conduct or results of the election.''.
                                 <all>
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