Title: Workforce Democracy and Fairness Act
Policy area: Labor and Employment

Summary:
Workforce Democracy and Fairness Act
This bill amends the National Labor Relations Act to require a waiting period of at least 14 days after a petition is filed by an employer or employee relating to collective bargaining rights before the National Labor Relations Board (NLRB) may begin an investigative hearing into questions of representation affecting commerce. A hearing must be non-adversarial and the hearing officer must identify any relevant and material pre-election issues and create a full record.
The bill requires the NLRB, in cases where it finds that a question of representation affecting commerce exists, to: (1) direct an election by secret ballot as soon as practicable but not before 35 calendar days after the filing of an election petition, and (2) certify election results 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 that election.
The bill also requires the NLRB, not earlier than seven days after a final determination of the appropriate bargaining unit, to acquire from the employer a list of all employees eligible to vote in the election, which shall: (1) be made available to all parties; and (2) include the employees' names and one additional form of personal contact information (e.g., telephone number, email address, or mailing address) chosen by the employee in writing.


[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1350 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1350

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, and to require that lists of employees eligible to 
    vote in organizing elections be provided to the National Labor 
                            Relations Board.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2017

  Mr. Alexander (for himself, Mr. Hatch, Mr. Isakson, Mr. Flake, Mr. 
Scott, Mr. Roberts, Mr. Lankford, Mr. Thune, Mr. Young, Mr. Perdue, Mr. 
Boozman, Mr. McCain, Mr. McConnell, Mr. Risch, and Mr. Enzi) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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, and to require that lists of employees eligible to 
    vote in organizing elections be provided to the National Labor 
                            Relations Board.

    Be it enacted by the Senate and House of Representatives 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; LIST OF EMPLOYEES ELIGIBLE TO VOTE IN 
              ELECTIONS.

    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 issues and thereafter making 
        a full record thereon. Relevant and material pre-election 
        issues shall include, in addition to unit appropriateness, the 
        Board's jurisdiction and any other issue the resolution of 
        which may reasonably be expected to impact the outcome 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.'';
            (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''; and
            (4) by adding at the end the following: ``Not earlier than 
        7 days after a final determination by the Board of the 
        appropriate bargaining unit, the Board shall acquire from the 
        employer a list of all employees eligible to vote in the 
        election to be made available to all parties, which shall 
        include the names of the employees, and one additional form of 
        personal contact information of the employee (such as telephone 
        number, email address, or mailing address) chosen by the 
        employee in writing.''.
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