I 
115TH CONGRESS 
1ST SESSION H. R. 4327 
To amend the National Labor Relations Act to provide that a question 
of representation affecting commerce shall exist when a petitioner estab-
lishes that fewer than 50 percent of the current bargaining unit members 
had the opportunity to vote in a certification election covering their 
bargaining unit or no certification election was conducted, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2017 
Mr. FRANCIS ROONEY of Florida (for himself, Mr. WILSON of South Carolina, 
Mr. BYRNE, Mr. ROKITA, Mr. GARRETT, Mr. DUNN, Mr. NORMAN, Mr. 
PERRY, Mr. ROGERS of Alabama, Mr. BUDD, Mr. YOHO, Mr. FERGUSON, 
and Mr. MEADOWS) introduced the following bill; which was referred to 
the Committee on Education and the Workforce 
A BILL 
To amend the National Labor Relations Act to provide that 
a question of representation affecting commerce shall 
exist when a petitioner establishes that fewer than 50 
percent of the current bargaining unit members had the 
opportunity to vote in a certification election covering 
their bargaining unit or no certification election was con-
ducted, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Current Employee 
Representation Act’’. 
SEC. 2. FILING AND TREATMENT OF PETITIONS FOR CER-
TIFICATION OF BARGAINING REPRESENTA-
TIVE. 
(a) PETITION DESCRIBED.—Section 9(c)(1) of the 
National Labor Relations Act (29 U.S.C. 159(c)(1)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) by an employee or a group of employ-
ees or any individual or labor organization act-
ing in their behalf, or an employer, alleging 
that the labor organization that has been cer-
tified or is currently recognized by the employer 
as the bargaining representative is no longer a 
representative as defined in subsection (a), if— 
‘‘(i) fewer than 50 percent of the 
members of the bargaining unit in question 
had an opportunity to vote in the certifi-
cation election that resulted in certifying 
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the labor organization then recognized as 
the bargaining representative for such 
unit; or 
‘‘(ii) no certification election was con-
ducted regarding such unit;’’. 
(b) EXISTENCE
OF QUESTION
OF REPRESENTA-
TION.—Section 9(c)(2) of the National Labor Relations 
Act (29 U.S.C. 159(c)(2)) is amended by adding at the 
end the following: ‘‘When a petition is filed under para-
graph (1)(C), a question of representation affecting com-
merce exists if the petitioner establishes the existence of 
the circumstances described in paragraph (1)(C)(i) or 
paragraph (1)(C)(ii).’’. 
Æ 
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