II
112th CONGRESS
1st Session
S. 1425
IN THE SENATE OF THE UNITED STATES
July 27, 2011
Mr. DeMint (for himself, Mr. Graham, Mr. Risch, Mr. Rubio, Mr. Vitter, Mr. Hatch, and Mr. Coburn) 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 to ensure fairness in election procedures with respect to collective bargaining representatives.
Short title
This Act may be cited as
the Fair Representation in Elections
Act of 2011
.
Amendments to the National Labor Relations Act
Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended—
in subsection
(b), by inserting prior to an election
after in each
case
; and
in subsection (c)—
in the flush matter following paragraph (1)(B)—
by
inserting of 14 days in advance
after appropriate hearing
upon due notice
;
by
inserting , and a review of post-hearing appeals,
after
the record of such hearing
; and
by adding at
the end the following: No election shall be conducted less than 40
calendar days following the filing of an election petition. The employer shall
provide the Board a list of employee names and home addresses of all eligible
voters within 7 days following the Board’s determination of the appropriate
unit or following any agreement between the employer and the labor organization
regarding the eligible voters.
; and
by adding at the end the following:
No election shall take place after the filing of any petition unless and until—
a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and
the issues are resolved by a Regional Director, subject to appeal and review, or by the Board.
No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on—
each pre-election issue not resolved before the election; and
the resolution, following a hearing conducted in accordance with due process, of each issue pertaining to the conduct or results of the election.
.