I 
114TH CONGRESS 
1ST SESSION H. R. 1768 
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 
APRIL 14, 2015 
Mr. KLINE (for himself, Mr. ROE of Tennessee, and Mr. TOM PRICE of Geor-
gia) introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
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. 
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) of the National Labor Relations Act 
(29 U.S.C. 159(c)(1)) is amended in the matter following 
subparagraph (B)— 
VerDate Sep 11 2014 
06:08 Apr 15, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1768.IH
H1768
emcdonald on DSK67QTVN1PROD with BILLS
(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-
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 
VerDate Sep 11 2014 
06:08 Apr 15, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1768.IH
H1768
emcdonald on DSK67QTVN1PROD with BILLS
the election and any additional issue pertaining to 
the conduct or results of the election’’. 
SEC. 3. DETERMINATION OF APPROPRIATE UNITS FOR 
COLLECTIVE 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; 
(2) by striking ‘‘The Board shall decide’’ and 
all that follows through ‘‘or subdivision thereof:’’ 
and inserting the following: ‘‘(1) In each case, prior 
to an election, the Board shall determine, in order 
to assure to employees the fullest freedom in exer-
cising the rights guaranteed by this Act, the unit ap-
propriate for the purposes of collective bargaining. 
Unless otherwise stated in this Act, and excluding 
any bargaining unit determination promulgated 
through rulemaking 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— 
‘‘(A) similarity of wages, benefits, and working 
conditions; 
VerDate Sep 11 2014 
06:08 Apr 15, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1768.IH
H1768
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(B) similarity of skills and training; 
‘‘(C) centrality of management and common su-
pervision; 
‘‘(D) extent of interchange and frequency of 
contact between employees; 
‘‘(E) integration of the work flow and inter-
relationship of the production process; 
‘‘(F) the consistency of the unit with the em-
ployer’s organizational structure; 
‘‘(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 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 em-
ployees and existing unit members share an overwhelming 
VerDate Sep 11 2014 
06:08 Apr 15, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1768.IH
H1768
emcdonald on DSK67QTVN1PROD with BILLS
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’’. 
Æ 
VerDate Sep 11 2014 
06:08 Apr 15, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H1768.IH
H1768
emcdonald on DSK67QTVN1PROD with BILLS