II 112th CONGRESS 1st Session S. 1425 IN THE SENATE OF THE UNITED STATES July 27, 2011 Mr. DeMint (for himself, Mr. Graham, Mr. Risch, Mr. Rubio, Mr. Vitter, Mr. Hatch, and Mr. Coburn) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the National Labor Relations Act to ensure fairness in election procedures with respect to collective bargaining representatives.

1.

Short title

This Act may be cited as the Fair Representation in Elections Act of 2011.

2.

Amendments to the National Labor Relations Act

Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended— (1)in subsection (b), by inserting prior to an election after in each case; and (2)in subsection (c)— (A)in the flush matter following paragraph (1)(B)— (i)by inserting of 14 days in advance after appropriate hearing upon due notice; (ii)by inserting , and a review of post-hearing appeals, after the record of such hearing; and (iii)by adding at the end the following: No election shall be conducted less than 40 calendar days following the filing of an election petition. The employer shall provide the Board a list of employee names and home addresses of all eligible voters within 7 days following the Board’s determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters.; and (B)by adding at the end the following: (6)(A)No election shall take place after the filing of any petition unless and until— (i)a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (ii)the issues are resolved by a Regional Director, subject to appeal and review, or by the Board. (B)No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on— (i)each pre-election issue not resolved before the election; and (ii)the resolution, following a hearing conducted in accordance with due process, of each issue pertaining to the conduct or results of the election. .