I 
112TH CONGRESS 
1ST SESSION H. R. 3094 
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 
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. 
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— 
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(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-
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 
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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’’; 
(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 
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