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HR 3094 112th Congress House Labor and Employment Administrative remedies Labor-management relations National Labor Relations Board (NLRB)

Workforce Democracy and Fairness Act

Introduced: October 27, 2011 See on congress.gov
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This bill died when the 112th Congress ended
It never became law before the 112th Congress (2011–2012) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 37 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Dec 16, 2011
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 262.
Dec 15, 2011
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Dec 1, 2011
Received in the Senate.
Nov 30, 2011
Motion to reconsider laid on the table Agreed to without objection.
Nov 30, 2011
On passage Passed by recorded vote: 235 - 188 (Roll no. 869).
Nov 30, 2011
On motion to recommit with instructions Failed by recorded vote: 185 - 239 (Roll no. 868). (consideration: CR H7985)
Nov 30, 2011
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7985)
Nov 30, 2011
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 Subsequently, the reservation of a point of order was withdrawn.
Nov 30, 2011
Ms. Sutton moved to recommit with instructions to Education and the Workforce. (consideration: CR H7984-7985; text: CR H7984)
Nov 30, 2011
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)
Nov 30, 2011
The previous question was ordered pursuant to the rule. (consideration: CR H7984)
Nov 30, 2011
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3094.
Nov 30, 2011
On motion to strike the enacting clause Failed by recorded vote: 176 - 241 (Roll no. 863).
Nov 30, 2011
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.
Nov 30, 2011
Ms. Moore moved to strike the enacting clause.
Nov 30, 2011
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.
Nov 30, 2011
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.
Nov 30, 2011
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.
Nov 30, 2011
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.
Nov 30, 2011
POSTPONED PROCEEDINGS - At the conclusion of debate on the Boswell amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Boswell demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
Nov 30, 2011
DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Boswell amendment No. 2.
Nov 30, 2011
POSTPONED PROCEEDINGS - At the conclusion of debate on the Bishop (NY) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Bishop (NY) demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
Nov 30, 2011
DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Bishop (NY) amendment No. 1.
Nov 30, 2011
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3094.
Nov 30, 2011
The Speaker designated the Honorable Ted Poe to act as Chairman of the Committee.
Nov 30, 2011
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 470 and Rule XVIII.
Nov 30, 2011
Rule provides for consideration of H.R. 3094 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Education and Workforce now printed in the bill shall be considered as orginial text for the purpose of amendment and shall be considered as read. The resolution waives all points of order against the committee amendment in the nature of a substitute.
Nov 30, 2011
Considered under the provisions of rule H. Res. 470. (consideration: CR H7957-7986)
Nov 18, 2011
Rule H. Res. 470 passed House.
Nov 17, 2011
Rules Committee Resolution H. Res. 470 Reported to House. Rule provides for consideration of H.R. 3094 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Education and Workforce now printed in the bill shall be considered as orginial text for the purpose of amendment and shall be considered as read. The resolution waives all points of order against the committee amendment in the nature of a substitute.
Nov 10, 2011
Placed on the Union Calendar, Calendar No. 186.
Nov 10, 2011
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 112-276.
Oct 26, 2011
Ordered to be Reported (Amended).
Oct 26, 2011
Committee Consideration and Mark-up Session Held.
Oct 12, 2011
Committee Hearings Held.
Oct 5, 2011
Referred to the House Committee on Education and the Workforce.
Oct 5, 2011
Introduced in House
 Votes taken on this bill 3
DateChamberWhat was voted onResultYes–No
Nov 30, 2011 House · vote #869 On Passage Passed 235–188 See who voted →
Nov 30, 2011 House · vote #868 On Motion to Recommit with Instructions Failed 185–239 See who voted →
Nov 30, 2011 House · vote #863 On Motion to Rise With Recommendation That Enacting Clause Be Stricken Failed 176–241 See who voted →
 Amendments to this bill 5

Amendments propose changes to this bill. Members vote on amendments separately before the final bill vote. An agreed amendment becomes part of the bill; a failed amendment does not.

1 agreed to 4 failed

AmendmentSponsorPurposeStatusLatest action
HAMDT 881 — Amendment in the nature of a substitute. Agreed to Nov 30, 2011
HAMDT 880 — An amendment numbered 4 printed in House Report 112-291 to strike a section of the bill to ensure that employ… Failed Nov 30, 2011
HAMDT 879 — An amendment numbered 3 printed in House Report 112-291 to prevent this Act from applying to businesses that … Failed Nov 30, 2011
HAMDT 878 — An amendment numbered 2 printed in House Report 112-291 to prevent employers that have paid any executive com… Failed Nov 30, 2011
HAMDT 877 — An amendment numbered 1 printed in House Report 112-291 to give the Board authority to impose sanctions on a … Failed Nov 30, 2011
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 Plain-English summary Congressional Research Service

(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.

What's happening now December 16, 2011

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 262.

 Related & companion bills 2
  • S 1843 Related bill Representation Fairness Restoration Act
  • HRES 470 Procedurally related Providing for consideration of the bill (H.R. 3094) to amend the National Labor Relations Act with respect to represent…
 Bill text 4 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
 Cosponsors 24
All 24 Republican 9
R
Calvert, Ken
California · Nov 2, 2011
BARTLETT, ROSCOE
· Oct 27, 2011
 R
Harris, Andy
Maryland · Oct 27, 2011
MYRICK, SUE
· Oct 27, 2011
Pearce, Stevan
· Oct 27, 2011
Schmidt, Jean
· Oct 27, 2011
 R
Schweikert, David
Arizona · Oct 25, 2011
Austria, Steve
· Oct 24, 2011
Palazzo, Steven
· Oct 24, 2011
BIGGERT, JUDY
· Oct 12, 2011
Noem, Kristi
· Oct 12, 2011
PLATTS, TODD
· Oct 6, 2011
 R
DesJarlais, Scott
Tennessee · Oct 5, 2011
 R
Foxx, Virginia
North Carolina · Oct 5, 2011
Gowdy, Trey
· Oct 5, 2011
Hunter, Duncan
· Oct 5, 2011
 R
Kelly, Mike
Pennsylvania · Oct 5, 2011
MCKEON, HOWARD
· Oct 5, 2011
Roby, Martha
· Oct 5, 2011
Rokita, Todd
· Oct 5, 2011
Ross, Dennis
· Oct 5, 2011
 R
Thompson, Glenn
Pennsylvania · Oct 5, 2011
 R
Walberg, Tim
Michigan · Oct 5, 2011
 R
Wilson, Joe
South Carolina · Oct 5, 2011
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 3094: Workforce Democracy and Fairness Act. 112th Congress. Open America. https://openamerica.io/bill/112-HR-3094/
MLA
"H.R. 3094: Workforce Democracy and Fairness Act." 112th Congress, 2026, Open America, https://openamerica.io/bill/112-HR-3094/.
Bluebook (legal)
H.R. 3094, 112th Cong. (2026), https://openamerica.io/bill/112-HR-3094/.
Markdown link
[H.R. 3094: Workforce Democracy and Fairness Act](https://openamerica.io/bill/112-HR-3094/)
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