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H. Rept. 115-326 1 (2017-09-25)

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                      115TH CONGRESS                                            REPORT
                         1st Session     HOUSE OF REPRESENTATIVES               115-326







                             WORKFORCE DEMOCRACY AND FAIRNESS ACT



                        SEPTEMBER 25, 2017.-Committed to the Committee of the Whole House on the
                                      State of the Union and ordered to be printed



                       Ms. Foxx, from the Committee on Education and the Workforce,
                                            submitted the following


                                                REPORT

                                                  together with

                                               MINORITY VIEWS

                                               [To accompany H.R. 2776]

                                [Including cost estimate of the Congressional Budget Office]

                        The Committee on Education and the Workforce, to whom was
                     referred the bill (H.R. 2776) 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, having considered the
                     same, report favorably thereon with an amendment and rec-
                     ommend that the bill as amended do pass.
                        The amendment is as follows:
                        Strike all after the enacting clause and insert the following:

                     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 amend-
                     ed 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 rel-
                         evant 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 rel-
                         evant and material pre-election issue or assert any relevant and material posi-
                         tion at any time prior to the close of the hearing.; and
                         69-006

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