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Workforce Democracy and Fairness Act

USA118th CongressHR-3834| House 
| Updated: 6/5/2023
Tim Walberg

Tim Walberg

Republican Representative

Michigan

Education and Workforce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Workforce Democracy and Fairness Act This bill establishes requirements for the National Labor Relations Board during a unionization election and the formation of a proposed bargaining unit. The bill also limits when the board is allowed to find that a workplace rule or policy is an unfair labor practice. The bill sets minimum waiting periods for certain board activities during a unionization election. Specifically, the bill bars the board from conducting (1) a pre-election hearing earlier than 14 calendar days after receiving a petition to unionize, and (2) a union election earlier than 20 business days after the board directs the election. Additionally, the board must rule on all hearing issues and challenges before certifying an election. (The board currently exercises discretion about whether and when to rule on certain issues.) The bill also requires the board to apply a sufficient community of interest analysis to determine the scope of a proposed bargaining unit. The board may not exclude workers from the unit if it determines that they are sufficiently similar according to eight factors, such as employees' compensation and job functions. Currently, the board accepts a proposed bargaining unit that excludes some workers unless the unit shares an overwhelming community of interest with those workers. Finally, the board is only allowed to find that a facially neutral workplace rule violates labor law if (1) it has an adverse impact on an employee's right to collectively bargain, and (2) this adverse impact outweighs the employer's justification for the rule.
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Timeline

Bill from Previous Congress

HR 115-2776
Workforce Democracy and Fairness Act
Jun 5, 2023
Introduced in House
Jun 5, 2023
Referred to the House Committee on Education and the Workforce.
  • Bill from Previous Congress

    HR 115-2776
    Workforce Democracy and Fairness Act


  • June 5, 2023
    Introduced in House


  • June 5, 2023
    Referred to the House Committee on Education and the Workforce.

Labor and Employment

Workforce Democracy and Fairness Act

USA118th CongressHR-3834| House 
| Updated: 6/5/2023
Workforce Democracy and Fairness Act This bill establishes requirements for the National Labor Relations Board during a unionization election and the formation of a proposed bargaining unit. The bill also limits when the board is allowed to find that a workplace rule or policy is an unfair labor practice. The bill sets minimum waiting periods for certain board activities during a unionization election. Specifically, the bill bars the board from conducting (1) a pre-election hearing earlier than 14 calendar days after receiving a petition to unionize, and (2) a union election earlier than 20 business days after the board directs the election. Additionally, the board must rule on all hearing issues and challenges before certifying an election. (The board currently exercises discretion about whether and when to rule on certain issues.) The bill also requires the board to apply a sufficient community of interest analysis to determine the scope of a proposed bargaining unit. The board may not exclude workers from the unit if it determines that they are sufficiently similar according to eight factors, such as employees' compensation and job functions. Currently, the board accepts a proposed bargaining unit that excludes some workers unless the unit shares an overwhelming community of interest with those workers. Finally, the board is only allowed to find that a facially neutral workplace rule violates labor law if (1) it has an adverse impact on an employee's right to collectively bargain, and (2) this adverse impact outweighs the employer's justification for the rule.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 115-2776
Workforce Democracy and Fairness Act
Jun 5, 2023
Introduced in House
Jun 5, 2023
Referred to the House Committee on Education and the Workforce.
  • Bill from Previous Congress

    HR 115-2776
    Workforce Democracy and Fairness Act


  • June 5, 2023
    Introduced in House


  • June 5, 2023
    Referred to the House Committee on Education and the Workforce.
Tim Walberg

Tim Walberg

Republican Representative

Michigan

Education and Workforce Committee

Labor and Employment

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted