To amend the National Labor Relations Act with respect to representation hearings and the timing of elections of labor organizations under that Act.
(This measure has not been amended since it was reported to the House on November 10, 2011. The summary of that version is repeated here.)
Workforce Democracy and Fairness Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.)
Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations.
Prohibits exclusion of employees from the unit unless the group's interest are sufficiently distinct from those of other employees to warrant the establishment of a separate unit.
Requires the NLRB, upon due notice, to provide a hearing at least 14 days after the filing of an election petition for collective bargaining representation to investigate those petitions the NLRB has reasonable cause to believe have a question of representation affecting commerce. Requires such hearings be non-adversarial.
Requires the NLRB to: (1) direct an election by secret ballot as soon as practicable, but in any event not before 35 calendar days following the filing of an election petition, in cases where a question of representation exists; and (2) acquire, at least 7 days after its final determination of the appropriate bargaining unit, a list of all eligible voters (including certain informational data) from the employer and make it available to all parties.
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Motion to reconsider laid on the table Agreed to without objection.
DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Walz amendment No. 3.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Walz amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Walz demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 4.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mrs. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
Ms. Moore moved to strike the enacting clause.
DEBATE - Mrs. Moore was recognized for 5 minutes to move that the Committee rise and report the bill to the House with recommendation that the enacting clause be striken.
On motion to strike the enacting clause Failed by recorded vote: 176 - 241 (Roll no. 863).
Roll Call #863 (House)The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3094.
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The previous question was ordered pursuant to the rule. (consideration: CR H7984)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of committee amendment in the nature of a substitute: CR H7972-7973)
Ms. Sutton moved to recommit with instructions to Education and the Workforce. (consideration: CR H7984-7985; text: CR H7984)
DEBATE - The House proceeded with 10 minutes of debate on the Sutton motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to amend the National Labor Relations Act by adding provisions that ensure a level playing field for employees, fair and equal access to voters prior to an election, and discourages outsourcing of jobs, pending reservation of a point of order. Subsequently, the reservation of a point of order was withdrawn.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7985)
On motion to recommit with instructions Failed by recorded vote: 185 - 239 (Roll no. 868). (consideration: CR H7985)
Roll Call #868 (House)Passed/agreed to in House: On passage Passed by recorded vote: 235 - 188 (Roll no. 869).
Roll Call #869 (House)On passage Passed by recorded vote: 235 - 188 (Roll no. 869).
Roll Call #869 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 262.