II 

113TH CONGRESS 

2D SESSION S. 2178 

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, and to require that lists of employees eligible to vote in organizing 

elections be provided to the National Labor Relations Board. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2014 

Mr. ALEXANDER (for himself, Mr. ENZI, Mr. ISAKSON, Mr. HATCH, Mr. 

SCOTT, and Mr. BARRASSO) 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 with respect 

to the timing of elections and pre-election hearings and 

the identification of pre-election issues, and to require 

that lists of employees eligible to vote in organizing elections be provided to the National Labor Relations Board. 

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’’. 


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•S 2178 IS

1 SEC. 2. PRE-ELECTION HEARINGS; LIST OF EMPLOYEES EL2 IGIBLE TO VOTE IN ELECTIONS. 

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

4 (29 U.S.C. 159(c)(1)) is amended in the matter following 

5 subparagraph (B)— 

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

7 than 14 calendar days after the filing of the peti8 tion’’ after ‘‘upon due notice’’; 

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

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

11 that is non-adversarial with the hearing officer 

12 charged, in collaboration with the parties, with the 

13 responsibility of identifying any relevant and mate14 rial pre-election issues and thereafter making a full 

15 record thereon. Relevant and material pre-election 

16 issues shall include, in addition to unit appropriate17 ness, the Board’s jurisdiction and any other issue 

18 the resolution of which may reasonably be expected 

19 to impact the outcome of the election. Parties may 

20 independently raise any relevant and material pre21 election issue or assert any relevant and material po22 sition at any time prior to the close of the hearing.’’; 

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

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

25 practicable but no earlier than 35 calendar days 

26 after the filing of an election petition. The Board 


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1 shall certify the results of the election after it has 

2 ruled on each pre-election issue not resolved before 

3 the election and any additional issue pertaining to 

4 the conduct or results of the election’’; and 

5 (4) by adding at the end the following: ‘‘Not 

6 earlier than 7 days after a final determination by 

7 the Board of the appropriate bargaining unit, the 

8 Board shall acquire from the employer a list of all 

9 employees eligible to vote in the election to be made 

10 available to all parties, which shall include the 

11 names of the employees, and one additional form of 

12 personal contact information of the employee (such 

13 as telephone number, email address, or mailing ad14 dress) chosen by the employee in writing.’’. 

Æ 


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