Workforce Democracy and Fairness Act

Workforce Democracy and Fairness Act

(Sec. 2) This bill amends the National Labor Relations Act to require a waiting period of at least 14 days after a petition is filed by an employer or employee relating to collective bargaining rights before the National Labor Relations Board (NLRB) may begin an investigative hearing into questions of representation affecting commerce. A hearing must be non-adversarial and the hearing officer must identify any relevant and material pre-election issues and create a full record.

The NLRB, in cases where it finds that a question of representation affecting commerce exists, shall: (1) direct an election by secret ballot as soon as practicable but not before 35 calendar days after the filing of the election petition, and (2) certify election results 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 that election.

(Sec. 3) The NLRB shall determine the collective bargaining unit that is appropriate for collective bargaining. The bill deems a unit appropriate for collective bargaining if it consists of employees who share a sufficient community of interest. Factors are set forth for the NLRB to consider in determining whether employees share a sufficient community of interest.