II 
Calendar No. 262 
112TH CONGRESS 
1ST SESSION H. R. 3094 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 1, 2011 
Received 
DECEMBER 15, 2011 
Read the first time 
DECEMBER 16, 2011 
Read the second time and placed on the calendar 
AN ACT 
To amend the National Labor Relations Act with respect 
to representation hearings and the timing of elections 
of labor organizations under that Act. 
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’’. 
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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 as-
sure to employees the fullest freedom in exercising 
the rights guaranteed by this Act, the unit appro-
priate for the purposes of collective bargaining. Un-
less otherwise stated in this Act, and excluding bar-
gaining unit determinations promulgated through 
rulemaking effective before August 26, 2011, 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-
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-
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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. 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 of-
ficer charged, in collaboration with the parties, 
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with the responsibility of identifying any rel-
evant and material pre-election issues and 
thereafter making a full record thereon. Rel-
evant and material pre-election issues shall in-
clude, in addition to unit appropriateness, the 
Board’s jurisdiction and any other issue the 
resolution of which may make an election un-
necessary or which may reasonably be expected 
to impact the election’s outcome. Parties may 
raise independently any relevant 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— 
(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 
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.’’. 
Passed the House of Representatives November 30, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 262 
112TH CONGRESS 
1ST SESSION 
H. R. 3094 
AN ACT 
To amend the National Labor Relations Act with 
respect to representation hearings and the timing 
of elections of labor organizations under that 
Act. 
DECEMBER 16, 2011 
Read the second time and placed on the calendar 
VerDate Mar 15 2010 
02:50 Dec 17, 2011
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PO 00000
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