,,ib ,union ,calendar ,no4 #dia #aacth ,,congress #b;d ,session ,h4 ,r4 #dcbj ,report ,no4 #aac-fec ,,in ,,the ,,house ,,of ,,representatives ,march #bg1 #bjad ,mr4 ,kline 7for himself1 ,mr4 ,mc,keon1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,price of ,georgia1 ,mr4 ,marchant1 ,mr4 ,hunter1 ,mr4 ,roe of ,tennessee1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,walberg1 ,mr4 ,salmon1 ,mr4 ,des,jarlais1 ,mr4 ,rokita1 ,mr4 ,bucshon1 ,mr4 ,gowdy1 ,mrs4 ,brooks of ,indiana1 ,mr4 ,hudson1 ,mr4 ,messer1 ,mr4 ,gingrey of ,georgia1 ,mr4 ,kelly of ,pennsylvania1 ,mr4 ,ribble1 and ,mr4 ,schweikert7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,december #i1 #bjad ,additional sponsors3 ,mr4 ,petri1 ,mr4 ,pearce1 ,mr4 ,griffin of ,arkansas1 ,mr4 ,heck of ,nevada1 ,mr4 ,gibbs1 ,mr4 ,womack1 ,mr4 ,goodlatte1 ,mr4 ,stivers1 ,mr4 ,poe of ,texas1 ,mr4 ,coffman1 ,mr4 ,king of ,iowa1 ,mr4 ,harris1 ,mr4 ,huelskamp1 ,mr4 ,tipton1 ,mr4 ,latham1 ,mr4 ,calvert1 and ,mr4 ,schock ,december #i1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,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 issues4 #a4 ,short title ,this ,act may be cited as the ,workforce ,democracy and ,fairness ,act4 #b4 ,pre-election hearings ,section #i7;c77#a77;,b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c77#a77;,b77 is amended-- 7#a7 by inserting 1 but in no circumstances less than #ad calendar days after the filing of the petition after upon due notice2 7#b7 by inserting after with respect thereto4 the following3 ,an appropriate hearing shall be one that is non-adversarial with the hearing officer charged1 in collaboration with the parties1 with the responsibility of identifying any relevant and material pre-election issues and thereafter making a full record thereon4 ,relevant and material pre-election issues shall include1 in addition to unit appropriateness1 the ,board's jurisdiction and any other issue the resolution of which may make an election unnecessary or which may reasonably be expected to impact the outcome of the election4 ,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 hearing42 and 7#c7 by striking and shall certify the results thereof and inserting to be conducted as soon as practicable but no earlier than #ce calendar days after the filing of an election petition4 ,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 election4 #a4 ,short title ,this ,act may be cited as the ,workforce ,democracy and ,fairness ,act4 #b4 ,pre-election hearings ,section #i7;c77#a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c77#a77 is amended in the matter following subparagraph 7,b7-- 7#a7 by inserting 1 but in no circumstances less than #ad calendar days after the filing of the petition after upon due notice2 7#b7 by inserting after with respect thereto4 the following3 ,an appropriate hearing shall be one that is non-adversarial with the hearing officer charged1 in collaboration with the parties1 with the responsibility of identifying any relevant and material pre-election issues and thereafter making a full record thereon4 ,relevant and material pre-election issues shall include1 in addition to unit appropriateness1 the ,board's jurisdiction and any other issue the resolution of which may make an election unnecessary or which may reasonably be expected to impact the outcome of the election4 ,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 hearing42 and 7#c7 by striking and shall certify the results thereof and inserting to be conducted as soon as practicable but no earlier than #ce calendar days after the filing of an election petition4 ,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 election4 #c4 ,determination of appropriate units for collective bargaining ,section #i7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;b77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively2 7#b7 by striking ,the ,board shall decide and all that follows through or subdivision thereof3 and inserting the following3 7#a7 ,in each case1 prior to an election1 the ,board shall determine1 in order to assure to employees the fullest freedom in exercising the rights guaranteed by this ,act1 the unit appropriate for the purposes of collective bargaining4 ,unless otherwise stated in this ,act1 and excluding any bargaining unit determination promulgated through rulemaking before ,august #bf1 #bjaa1 the unit appropriate for purposes of collective bargaining shall consist of employees that share a sufficient community of interest4 ,in determining whether employees share a sufficient community of interest1 the ,board shall consider-- 7,a7 similarity of wages1 benefits1 and working conditions2 7,b7 similarity of skills and training2 7,c7 centrality of management and common supervision2 7,d7 extent of interchange and frequency of contact between employees2 7,e7 integration of the work flow and interrelationship of the production process2 7,f7 the consistency of the unit with the employer's organizational structure2 7,g7 similarity of job functions and work2 and 7,h7 the bargaining history in the particular unit and the industry4 ,to avoid the proliferation or fragmentation of bargaining units1 employees shall not be excluded from the unit unless the interests of the group seeking a separate unit are sufficiently distinct from those of other employees to warrant the establishment of a separate unit4 ,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 interest1 with the sole exception of proposed accretions to an existing unit1 in which the inclusion of additional employees shall be based on whether such additional employees and existing unit members share an overwhelming community of interest and the additional employees have little or no separate identity4 2 and 7#c7 by striking ,provided1 ,that the ,board and inserting the following3 7#b7 ,the ,board 4 ,december #i1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed