I 

114TH CONGRESS 

1ST SESSION H. R. 1768 

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 

APRIL 14, 2015 

Mr. KLINE (for himself, Mr. ROE of Tennessee, and Mr. TOM PRICE of Georgia) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Workforce Democracy 

5 and Fairness Act’’. 

6 SEC. 2. PRE-ELECTION HEARINGS. 

7 Section 9(c)(1) of the National Labor Relations Act 

8 (29 U.S.C. 159(c)(1)) is amended in the matter following 

9 subparagraph (B)— 


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1 (1) by inserting ‘‘, but in no circumstances less 

2 than 14 calendar days after the filing of the peti3 tion’’ after ‘‘upon due notice’’; 

4 (2) by inserting after ‘‘with respect thereto.’’ 

5 the following: ‘‘An appropriate hearing shall be one 

6 that is non-adversarial with the hearing officer 

7 charged, in collaboration with the parties, with the 

8 responsibility of identifying any relevant and mate9 rial pre-election issues and thereafter making a full 

10 record thereon. Relevant and material pre-election 

11 issues shall include, in addition to unit appropriate12 ness, the Board’s jurisdiction and any other issue 

13 the resolution of which may make an election unnec14 essary or which may reasonably be expected to im15 pact the outcome of the election. Parties may inde16 pendently raise any relevant and material pre-elec17 tion issue or assert any relevant and material posi18 tion at any time prior to the close of the hearing.’’; 

19 and 

20 (3) by striking ‘‘and shall certify the results 

21 thereof’’ and inserting ‘‘to be conducted as soon as 

22 practicable but no earlier than 35 calendar days 

23 after the filing of an election petition. The Board 

24 shall certify the results of the election after it has 

25 ruled on each pre-election issue not resolved before 


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1 the election and any additional issue pertaining to 

2 the conduct or results of the election’’. 

3 SEC. 3. DETERMINATION OF APPROPRIATE UNITS FOR 

4 COLLECTIVE BARGAINING. 

5 Section 9(b) of the National Labor Relations Act (29 

6 U.S.C. 159(b)) is amended— 

7 (1) by redesignating paragraphs (1) through 

8 (3) as subparagraphs (A) through (C), respectively; 

9 (2) by striking ‘‘The Board shall decide’’ and 

10 all that follows through ‘‘or subdivision thereof:’’ 

11 and inserting the following: ‘‘(1) In each case, prior 

12 to an election, the Board shall determine, in order 

13 to assure to employees the fullest freedom in exer14 cising the rights guaranteed by this Act, the unit ap15 propriate for the purposes of collective bargaining. 

16 Unless otherwise stated in this Act, and excluding 

17 any bargaining unit determination promulgated 

18 through rulemaking before August 26, 2011, the 

19 unit appropriate for purposes of collective bargaining 

20 shall consist of employees that share a sufficient 

21 community of interest. In determining whether em22 ployees share a sufficient community of interest, the 

23 Board shall consider— 

24 ‘‘(A) similarity of wages, benefits, and working 

25 conditions; 


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1 ‘‘(B) similarity of skills and training; 

2 ‘‘(C) centrality of management and common su3 pervision; 

4 ‘‘(D) extent of interchange and frequency of 

5 contact between employees; 

6 ‘‘(E) integration of the work flow and inter7 relationship of the production process; 

8 ‘‘(F) the consistency of the unit with the em9 ployer’s organizational structure; 

10 ‘‘(G) similarity of job functions and work; and 

11 ‘‘(H) the bargaining history in the particular 

12 unit and the industry. 

13 To avoid the proliferation or fragmentation of bargaining 

14 units, employees shall not be excluded from the unit unless 

15 the interests of the group seeking a separate unit are suffi16 ciently distinct from those of other employees to warrant 

17 the establishment of a separate unit. Whether additional 

18 employees should be included in a proposed unit shall be 

19 determined based on whether such additional employees 

20 and proposed unit members share a sufficient community 

21 of interest, with the sole exception of proposed accretions 

22 to an existing unit, in which the inclusion of additional 

23 employees shall be based on whether such additional em24 ployees and existing unit members share an overwhelming 


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1 community of interest and the additional employees have 

2 little or no separate identity.’’; and 

3 (3) by striking ‘‘Provided, That the Board’’ and 

4 inserting the following: 

5 ‘‘(2) The Board’’. 

Æ 


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