Section 1 Short title
This Act may be cited as the “Workforce Democracy and Fairness Act”.
Workforce Democracy and Fairness Act
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.
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)—
by inserting “, but in no circumstances less than 14 calendar days after the filing of the petition” after “upon due notice”;
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 make an election unnecessary or 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.”; and
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”.
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—
by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;
by striking “The Board shall decide” and all that follows through “or subdivision thereof:” and inserting the following:
“(A) similarity of wages, benefits, and working conditions;
“(B) similarity of skills and training;
“(C) centrality of management and common supervision;
“(D) extent of interchange and frequency of contact between employees;
“(E) integration of the work flow and interrelationship of the production process;
“(F) the consistency of the unit with the employer’s organizational structure;
“(G) similarity of job functions and work; and
“(H) the bargaining history in the particular unit and the industry.”
by striking “Provided, That the Board” and inserting the following:
“(2) The Board”