[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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