IB 
Union Calendar No. 186 
112TH CONGRESS 
1ST SESSION H. R. 3094 
[Report No. 112–276] 
To amend the National Labor Relations Act with respect to representation 
hearings and the timing of elections of labor organizations under that Act. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2011 
Mr. KLINE (for himself, Mr. MCKEON, Mr. WILSON of South Carolina, Ms. 
FOXX, Mr. HUNTER, Mr. ROE of Tennessee, Mr. THOMPSON of Pennsyl-
vania, Mr. WALBERG, Mr. DESJARLAIS, Mr. ROKITA, Mr. BUCSHON, Mr. 
GOWDY, Mrs. ROBY, Mr. ROSS of Florida, and Mr. KELLY) introduced 
the following bill; which was referred to the Committee on Education and 
the Workforce 
NOVEMBER 10, 2011 
Additional sponsors: Mr. PLATTS, Mrs. BIGGERT, Mrs. NOEM, Mr. PETRI, Mr. 
STIVERS, Mr. NUNNELEE, Mr. SCHOCK, Mr. HECK, Mr. AUSTRIA, Mr. 
PALAZZO, Mr. GINGREY of Georgia, Mr. SCHWEIKERT, Mr. CANSECO, 
Mr. RIBBLE, Mr. WALSH of Illinois, Mrs. MYRICK, Mrs. SCHMIDT, Mr. 
DUNCAN of South Carolina, Mr. HARRIS, Mr. PEARCE, Mr. BARTLETT, 
Mr. CALVERT, and Mr. BACHUS 
NOVEMBER 10, 2011 
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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A BILL 
To amend the National Labor Relations Act with respect 
to representation hearings and the timing of elections 
of labor organizations under that Act. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Workforce Democracy 
and Fairness Act’’. 
SEC. 2. TIMING OF ELECTIONS. 
Section 9 of the National Labor Relations Act (29 
U.S.C. 159) is amended— 
(1) in subsection (b) by striking the first sen-
tence and inserting the following: ‘‘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 bar-
gaining. Unless otherwise stated in this Act, the unit 
appropriate for purposes of collective bargaining 
shall consist of employees that share a sufficient 
community of interest. In determining whether em-
ployees share a sufficient community of interest, the 
Board shall consider (1) similarity of wages, bene-
fits, and working conditions; (2) similarity of skills 
and training; (3) centrality of management and com-
mon supervision; (4) extent of interchange and fre-
quency of contact between employees; (5) integration 
of the work flow and interrelationship of the produc-
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tion process; (6) the consistency of the unit with the 
employer’s organizational structure; (7) similarity of 
job functions and work; and (8) the bargaining his-
tory in the particular unit and the industry. To 
avoid the proliferation or fragmentation of bar-
gaining units, employees shall not be excluded from 
the unit unless the interests of the group sought 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 based on whether such addi-
tional employees and proposed unit members share 
a sufficient community of interest, with the sole ex-
ception of proposed accretions to an existing unit, in 
which the inclusion of additional employees shall be 
based on whether such additional employees and ex-
isting unit members share an overwhelming commu-
nity of interest and the additional employees have 
little or no separate identity.’’; and 
(2) in subsection (c)(1) in the matter following 
subparagraph (B)— 
(A) by inserting ‘‘, but in no circumstances 
less than 14 calendar days after the filing of 
the petition’’ after ‘‘hearing upon due notice’’; 
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(B) by inserting before the last sentence 
the following: ‘‘An appropriate hearing shall be 
one that is non-adversarial with the hearing of-
ficer charged, in collaboration with the parties, 
with the responsibility of identifying any pre- 
election issues and thereafter making a full 
record thereon. 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 
election’s outcome. Parties may raise independ-
ently any issue or assert any position at any 
time prior to the close of the hearing.’’; 
(C) in the last sentence— 
(i) by inserting ‘‘and a review of post- 
hearing appeals’’ after ‘‘record of such a 
hearing’’; and 
(ii) by inserting ‘‘to be conducted as 
soon as practicable but not less than 35 
calendar days following the filing of an 
election petition’’ after ‘‘election by secret 
ballot’’; and 
(D) by adding at the end the following: 
‘‘Not earlier than 7 days after final determina-
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tion by the Board of the appropriate bargaining 
unit, the Board shall acquire from the employer 
a list of all eligible voters to be made available 
to all parties, which shall include the employee 
names, and one additional form of personal em-
ployee contact information (such as telephone 
number, email address or mailing address) cho-
sen by the employee in writing.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Workforce Democracy 
and Fairness Act’’. 
SEC. 2. TIMING OF ELECTIONS. 
Section 9 of the National Labor Relations Act (29 
U.S.C. 159) is amended— 
(1) in subsection (b), by striking ‘‘The Board 
shall decide’’ and all that follows through ‘‘Provided, 
That the’’ and inserting: ‘‘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 other-
wise stated in this Act, and excluding bargaining 
unit determinations promulgated through rulemaking 
effective before August 26, 2011, the unit appropriate 
for purposes of collective bargaining shall consist of 
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employees that share a sufficient community of inter-
est. In determining whether employees share a suffi-
cient community of interest, the Board shall consider 
(1) similarity of wages, benefits, and working condi-
tions; (2) similarity of skills and training; (3) cen-
trality of management and common supervision; (4) 
extent of interchange and frequency of contact between 
employees; (5) integration of the work flow and inter-
relationship of the production process; (6) the consist-
ency of the unit with the employer’s organizational 
structure; (7) similarity of job functions and work; 
and (8) the bargaining history in the particular unit 
and the industry. To avoid the proliferation or frag-
mentation of bargaining units, employees shall not be 
excluded from the unit unless the interests of the 
group sought are sufficiently distinct from those of 
other employees to warrant the establishment of a sep-
arate unit. Whether additional employees should be 
included in a proposed unit shall be based on whether 
such additional employees and proposed unit mem-
bers 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 
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community of interest and the additional employees 
have little or no separate identity. The’’; and 
(2) in subsection (c)(1), in the matter following 
subparagraph (B)— 
(A) by inserting ‘‘, but in no circumstances 
less than 14 calendar days after the filing of the 
petition’’ after ‘‘hearing upon due notice’’; 
(B) by inserting before the last sentence 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 mak-
ing 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 rea-
sonably be expected to impact the election’s out-
come. Parties may raise independently any rel-
evant and material pre-election issue or assert 
any relevant and material position at any time 
prior to the close of the hearing.’’; 
(C) in the last sentence— 
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(i) by inserting ‘‘or consideration of a 
request for review of a regional director’s 
decision and direction of election,’’ after 
‘‘record of such hearing’’; and 
(ii) by inserting ‘‘to be conducted as 
soon as practicable but not less than 35 cal-
endar days following the filing of an elec-
tion petition’’ after ‘‘election by secret bal-
lot’’; and 
(D) by adding at the end the following: 
‘‘Not earlier than 7 days after final determina-
tion by the Board of the appropriate bargaining 
unit, the Board shall acquire from the employer 
a list of all eligible voters to be made available 
to all parties, which shall include the employee 
names, and one additional form of personal em-
ployee contact information (such as telephone 
number, email address or mailing address) cho-
sen by the employee in writing.’’. 
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