IB 
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. STIV-
ERS, 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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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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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. PRE-ELECTION HEARINGS. 
Section 9(c)(1)(B) of the National Labor Relations 
Act (29 U.S.C. 159(c)(1)(B)) is amended— 
(1) by inserting ‘‘, but in no circumstances less 
than 14 calendar days after the filing of the peti-
tion’’ after ‘‘upon due notice’’; 
(2) by inserting after ‘‘with respect thereto.’’ 
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 mate-
rial pre-election issues and thereafter making a full 
record thereon. Relevant and material pre-election 
issues shall include, in addition to unit appropriate-
ness, the Board’s jurisdiction and any other issue 
the resolution of which may make an election unnec-
essary or which may reasonably be expected to im-
pact the outcome of the election. Parties may inde-
pendently raise any relevant and material pre-elec-
tion issue or assert any relevant and material posi-
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tion at any time prior to the close of the hearing.’’; 
and 
(3) by striking ‘‘and shall certify the results 
thereof’’ and inserting ‘‘to be conducted as soon as 
practicable but no earlier than 35 calendar days 
after the filing of an election petition. The Board 
shall certify the results of the election after it has 
ruled on each pre-election issue not resolved before 
the election and any additional issue pertaining to 
the conduct or results of the election’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Workforce Democracy 
and Fairness Act’’. 
SEC. 2. PRE-ELECTION HEARINGS. 
Section 9(c)(1) of the National Labor Relations Act 
(29 U.S.C. 159(c)(1)) is amended in the matter following 
subparagraph (B)— 
(1) by inserting ‘‘, but in no circumstances less 
than 14 calendar days after the filing of the petition’’ 
after ‘‘upon due notice’’; 
(2) by inserting after ‘‘with respect thereto.’’ 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 
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issues and thereafter making a full record thereon. 
Relevant and material pre-election issues shall in-
clude, in addition to unit appropriateness, the 
Board’s jurisdiction and any other issue the resolu-
tion of which may make an election unnecessary or 
which may reasonably be expected to impact the out-
come of the election. Parties may independently raise 
any relevant and material pre-election issue or assert 
any relevant and material position at any time prior 
to the close of the hearing.’’; and 
(3) by striking ‘‘and shall certify the results 
thereof’’ and inserting ‘‘to be conducted as soon as 
practicable but no earlier than 35 calendar days after 
the filing of an election petition. The Board shall cer-
tify the results of the election after it has ruled on 
each pre-election issue not resolved before the election 
and any additional issue pertaining to the conduct or 
results of the election’’. 
SEC. 3. DETERMINATION OF APPROPRIATE UNITS FOR COL-
LECTIVE BARGAINING. 
Section 9(b) of the National Labor Relations Act (29 
U.S.C. 159(b)) is amended— 
(1) by redesignating paragraphs (1) through (3) 
as subparagraphs (A) through (C), respectively; 
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(2) by striking ‘‘The Board shall decide’’ and all 
that follows through ‘‘or subdivision thereof:’’ and in-
serting the following: ‘‘(1) 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 any bargaining 
unit determination promulgated through rulemaking 
before August 26, 2011, the unit appropriate for pur-
poses of collective bargaining shall consist of employ-
ees that share a sufficient community of interest. In 
determining whether employees share a sufficient 
community of interest, the Board shall consider— 
‘‘(A) similarity of wages, benefits, and working 
conditions; 
‘‘(B) similarity of skills and training; 
‘‘(C) centrality of management and common su-
pervision; 
‘‘(D) extent of interchange and frequency of con-
tact between employees; 
‘‘(E) integration of the work flow and inter-
relationship of the production process; 
‘‘(F) the consistency of the unit with the employ-
er’s organizational structure; 
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‘‘(G) similarity of job functions and work; and 
‘‘(H) the bargaining history in the particular 
unit and the industry. 
To avoid the proliferation or fragmentation of bargaining 
units, employees shall not be excluded from the unit unless 
the interests of the group seeking a separate unit are suffi-
ciently 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 
determined based on whether such additional employees and 
proposed unit members share a sufficient community of in-
terest, with the sole exception of proposed accretions to an 
existing unit, in which the inclusion of additional employ-
ees shall be based on whether such additional employees and 
existing unit members share an overwhelming community 
of interest and the additional employees have little or no 
separate identity.’’; and 
(3) by striking ‘‘Provided, That the Board’’ and 
inserting the following: 
‘‘(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 
respect to the timing of elections and pre-election 
hearings and the identification of pre-election 
issues. 
DECEMBER 9, 2014 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
00:00 Dec 10, 2014
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PO 00000
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