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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] 


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•HR 4320 RH

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. 


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•HR 4320 RH

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)(B) of the National Labor Relations 

8 Act (29 U.S.C. 159(c)(1)(B)) is amended— 

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

10 than 14 calendar days after the filing of the peti11 tion’’ after ‘‘upon due notice’’; 

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

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

14 that is non-adversarial with the hearing officer 

15 charged, in collaboration with the parties, with the 

16 responsibility of identifying any relevant and mate17 rial pre-election issues and thereafter making a full 

18 record thereon. Relevant and material pre-election 

19 issues shall include, in addition to unit appropriate20 ness, the Board’s jurisdiction and any other issue 

21 the resolution of which may make an election unnec22 essary or which may reasonably be expected to im23 pact the outcome of the election. Parties may inde24 pendently raise any relevant and material pre-elec25 tion issue or assert any relevant and material posiVerDate Sep 11 2014 00:00 Dec 10, 2014 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H4320.RH H4320

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1 tion at any time prior to the close of the hearing.’’; 

2 and 

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

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

5 practicable but no earlier than 35 calendar days 

6 after the filing of an election petition. The Board 

7 shall certify the results of the election after it has 

8 ruled on each pre-election issue not resolved before 

9 the election and any additional issue pertaining to 

10 the conduct or results of the election’’. 

11 SECTION 1. SHORT TITLE. 

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

13 and Fairness Act’’. 

14 SEC. 2. PRE-ELECTION HEARINGS. 

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

16 (29 U.S.C. 159(c)(1)) is amended in the matter following 

17 subparagraph (B)— 

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

19 than 14 calendar days after the filing of the petition’’ 

20 after ‘‘upon due notice’’; 

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

22 following: ‘‘An appropriate hearing shall be one that 

23 is non-adversarial with the hearing officer charged, in 

24 collaboration with the parties, with the responsibility 

25 of identifying any relevant and material pre-election 


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1 issues and thereafter making a full record thereon. 

2 Relevant and material pre-election issues shall in3 clude, in addition to unit appropriateness, the 

4 Board’s jurisdiction and any other issue the resolu5 tion of which may make an election unnecessary or 

6 which may reasonably be expected to impact the out7 come of the election. Parties may independently raise 

8 any relevant and material pre-election issue or assert 

9 any relevant and material position at any time prior 

10 to the close of the hearing.’’; and 

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

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

13 practicable but no earlier than 35 calendar days after 

14 the filing of an election petition. The Board shall cer15 tify the results of the election after it has ruled on 

16 each pre-election issue not resolved before the election 

17 and any additional issue pertaining to the conduct or 

18 results of the election’’. 

19 SEC. 3. DETERMINATION OF APPROPRIATE UNITS FOR COL20 LECTIVE BARGAINING. 

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

22 U.S.C. 159(b)) is amended— 

23 (1) by redesignating paragraphs (1) through (3) 

24 as subparagraphs (A) through (C), respectively; 


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

2 that follows through ‘‘or subdivision thereof:’’ and in3 serting the following: ‘‘(1) In each case, prior to an 

4 election, the Board shall determine, in order to assure 

5 to employees the fullest freedom in exercising the 

6 rights guaranteed by this Act, the unit appropriate 

7 for the purposes of collective bargaining. Unless other8 wise stated in this Act, and excluding any bargaining 

9 unit determination promulgated through rulemaking 

10 before August 26, 2011, the unit appropriate for pur11 poses of collective bargaining shall consist of employ12 ees that share a sufficient community of interest. In 

13 determining whether employees share a sufficient 

14 community of interest, the Board shall consider— 

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

16 conditions; 

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

18 ‘‘(C) centrality of management and common su19 pervision; 

20 ‘‘(D) extent of interchange and frequency of con21 tact between employees; 

22 ‘‘(E) integration of the work flow and inter23 relationship of the production process; 

24 ‘‘(F) the consistency of the unit with the employ25 er’s organizational structure; 


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

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

3 unit and the industry. 

4 To avoid the proliferation or fragmentation of bargaining 

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

6 the interests of the group seeking a separate unit are suffi7 ciently distinct from those of other employees to warrant 

8 the establishment of a separate unit. Whether additional 

9 employees should be included in a proposed unit shall be 

10 determined based on whether such additional employees and 

11 proposed unit members share a sufficient community of in12 terest, with the sole exception of proposed accretions to an 

13 existing unit, in which the inclusion of additional employ14 ees shall be based on whether such additional employees and 

15 existing unit members share an overwhelming community 

16 of interest and the additional employees have little or no 

17 separate identity.’’; and 

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

19 inserting the following: 

20 ‘‘(2) The Board’’. 


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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 

issues. hearings and the identification of pre-election respect to the timing of elections and pre-election 

DECEMBER 9, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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