[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 689 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 689
To amend the National Labor Relations Act to provide for fair and
expeditious representation elections.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 1993
Mr. Owens introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the National Labor Relations Act to provide for fair and
expeditious representation elections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Labor Relations Fair
Elections Act''.
SEC. 2. REFERENCE TO NATIONAL LABOR RELATIONS ACT.
Whenever in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the National Labor Relations Act (29 U.S.C. 151 et seq.).
SEC. 3. REPRESENTATIVES AND ELECTIONS.
(a) In General.--Section 9(c) (29 U.S.C. 159(c)) is amended by
adding at the end thereof the following new paragraphs:
``(6)(A) Notwithstanding any other provision of this section, the
Board shall conduct an investigation whenever a petition is filed by an
employee or group of employees (or any individual or labor organization
acting in their behalf) alleging that--
``(i) 75 percent of the employees in a unit appropriate for
purposes of collective bargaining (under a rule established by
the Board pursuant to section 6 or a decision in the applicable
industry) have, by signing authorization cards, designated an
individual or labor organization as their representative as
defined in subsection (a), and
``(ii) no individual or labor organization is currently
certified or recognized as the exclusive representative of any
of the employees in such unit.
``(B) If the Board finds that the allegations specified in the
petition filed pursuant to subparagraph (A) are accurate, the Board
shall, within 15 days after the filing of the petition, issue an order
certifying such individual or organization as the representative as
defined in subsection (a).
``(7)(A) Notwithstanding any other provisions of section 9,
whenever a petition shall have been filed, in accordance with such
regulations as may be prescribed by the Board, by an employee or group
of employees or any individual or labor organization acting in their
behalf alleging that their employer declines to recognize their
representative as the representative defined in subsection (a) in a
unit appropriate for the purposes of collective bargaining under a rule
established by the Board pursuant to section 6 or a decision in the
applicable industry, that a majority of the employees in that unit have
designated that individual or labor organization as their
representative defined in subsection (a), and that no individual or
labor organization is currently certified or recognized as the
exclusive representative of any of the employees in the bargaining unit
defined in the petition, the Board shall investigate such petition. If
the Board finds that the unit there specified is a unit appropriate for
the purposes of collective bargaining under a rule established by the
Board pursuant to section 6 or a decision in the applicable industry,
and if the Board has reasonable cause to believe that a question of
representation affecting commerce exists and that the other conditions
specified in this subsection have been met, the Board shall within
seven days after the filing of the petition direct an election by
secret ballot not more than 15 days after a petition is filed under
this subparagraph and shall so notify the representative named in the
petition and the employer.
``(B) In any proceeding under this subsection in which the Board
directs an election by secret ballot, and which is not governed by
subparagraph (A) of this paragraph, the Board shall direct the election
on a date not more than 45 days after the filing of the petition and
shall inform the representatives named in the petition, the employer,
and all other interested parties of the election date not less than 15
days prior to the election except that, where the Board determines that
the proceeding presents issues of exceptional novelty or complexity,
the Board may direct the election on a date not more than 75 days after
the filing of said petition.
``(C) After an election conducted pursuant to subparagraph (A) or
(B) of this paragraph is completed, the Board shall promptly serve the
parties with a tally of the ballots.
``(D)(i) Any party to the election conducted pursuant to
subparagraphs (A) and (B) of this paragraph may, within five days after
such election, object to the election on the ground that conduct
contrary to a rule relating to election declared by the Board pursuant
to its authority under section 6 or conduct contrary to a rule of
decision declared by the Board in a proceeding under section 10 did
affect the result of the election.
``(ii) With regard to challenged ballots, the Board shall, where
such ballots are sufficient in number to affect the outcome of the
election, investigate the challenges and serve a report upon the
parties on challenges.
``(iii) The Board shall move expeditiously to resolve any issues
raised by the objections or regarding eligibility and to certify the
results of the election: Provided, That an objection that an election
was conducted under subparagraph (A) instead of subparagraph (B) shall
not be a basis for setting the election aside.''.
SEC. 4. AUTHORITY OF BOARD.
Section 6 (29 U.S.C. 156) is amended to read as follows:
``Sec. 6. (a) The Board is authorized to make, amend, and rescind
(in the manner prescribed by subchapter II of chapter 5 of title 5,
United States Code) such rules and regulations as may be necessary to
carry out the provisions of this Act.
``(b)(1) The Board shall, within 12 months after the date of
enactment of the National Labor Relations Fair Elections Act, issue
regulations to implement the provisions of section 9(c)(7) including
rules--
``(A) which shall, subject to reasonable conditions,
including due regard for the needs of the employer to maintain
the continuity of production, assure that if an employer or
employer representative addresses the employees on its premises
or during working time on issues relating to representation by
a labor organization during a period of time that employees are
seeking representation by a labor organization, the employees
shall be assured an equal opportunity to obtain in an
equivalent manner information concerning such issues from such
labor organization;
``(B) for classes of cases in which either the distance
from the Board's regional office to the election site or the
number of employees involved in the election makes it
infeasible to comply with the time limits stated in section
9(c)(7)(A), to extend to a maximum of 14 days the period for
directing an election stated in that subsection, and to a
maximum of 21 days the period for the holding of such an
election stated in that subsection;
``(C) to facilitate agreements concerning the eligibility
of voters; and
``(D) to govern the holding of elections in cases in which
an appeal has not been decided prior to the date of the
election.
``(2) The Board shall, to the fullest extent practicable, exercise
its authority under subsection (a) of this section to promulgate rules
declaring certain units to be appropriate for the purposes of
collective bargaining.
``(3) A rule or regulation issued by the Board with respect to the
subject matter set forth in paragraph (1) or (2) of this subsection
shall be judicially reviewable only in a proceeding under section 10 of
this Act and only on the grounds that the Board prejudicially violated
the requirements of subchapter II of chapter 5 of title 5, United
States Code, or that a rule or regulation of the Board is arbitrary or
capricious, contrary to a specific prohibition of this Act, or of the
Constitution. The failure of the Board to comply with the time
requirements set forth in paragraph (1) of this subsection, or to
institute a rulemaking proceeding with respect to the subject matter
set forth in paragraph (2) of this subsection, within a reasonable
period of time after a request for such a rulemaking procedure has been
filed with the Board pursuant to section 553(e) of title 5, United
States Code, or to complete such a procedure within a reasonable period
after its institution, may be reviewed at the behest of any aggrieved
party only in the United States Court of Appeals for the District of
Columbia Circuit. The United States Court of Appeals for the District
of Columbia Circuit shall have jurisdiction to grant appropriate
relief.''.
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