[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1686 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1686

      To amend the National Labor Relations Act to determine the 
    appropriateness of certain bargaining units in the absence of a 
                        stipulation or consent.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 1998

 Mr. Hutchinson (for himself, Mr. DeWine, and Mr. Mack) introduced the 
 following bill; which was read twice and referred to the Committee on 
                       Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
      To amend the National Labor Relations Act to determine the 
    appropriateness of certain bargaining units in the absence of a 
                        stipulation or consent.

    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 ``Fair Hearing Act''.

SEC. 2. REPRESENTATIVES AND ELECTIONS.

    Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) 
is amended by adding at the end the following:
    ``(6) If a petition for an election requests the Board to certify a 
unit which includes the employees employed at one or more facilities of 
a multi-facility employer, and in the absence of an agreement by the 
parties (stipulation for certification upon consent election or 
agreement for consent election) regarding the appropriateness of the 
bargaining unit at issue for purposes of subsection (b), the Board 
shall provide for a hearing upon due notice to determine the 
appropriateness of the bargaining unit. The Board shall consider 
factors, including functional integration, centralized control, common 
skills, functions and working conditions, permanent and temporary 
employee interchange, geographical separation, local autonomy, the 
number of employees, bargaining history, and such other factors as the 
Board considers appropriate.''.
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