Workforce Democracy and Fairness Act
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HR 3094 — Workforce Democracy and Fairness Act
Last action — Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 262.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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Died in session
This bill died with 112th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Workforce Democracy and Fairness Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interest are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Requires the NLRB, upon due notice, to provide a hearing at least 14 days after the filing of an election petition for collective bargaining representation to investigate those petitions the NLRB has reasonable cause to believe have a question of representation affecting commerce. Requires such hearings be non-adversarial. Requires the NLRB to: (1) direct an election by secret ballot as soon as practicable, but in any event not before 35 calendar days following the filing of an election petition, in cases where a question of representation exists; and (2) acquire, at least 7 days after its final determination of the appropriate bargaining unit, a list of all eligible voters (including certain informational data) from the employer and make it available to all parties.
Bill Text
We don't have the full text on file for this bill yet.
Read HR 3094 on the official United States source →Action History
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Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 262.
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Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
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Received in the Senate.
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Motion to reconsider laid on the table Agreed to without objection.
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On passage Passed by recorded vote: 235 - 188 (Roll no. 869).
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On motion to recommit with instructions Failed by recorded vote: 185 - 239 (Roll no. 868). (consideration: CR H7985)
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The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7985)
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DEBATE - The House proceeded with 10 minutes of debate on the Sutton motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to amend the National Labor Relations Act by adding provisions that ensure a level playing field for employees, fair and equal access to voters prior to an election, and discourages outsourcing of jobs, pending reservation of a point of order. Subsequently, the reservation of a point of order was withdrawn.
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Ms. Sutton moved to recommit with instructions to Education and the Workforce. (consideration: CR H7984-7985; text: CR H7984)
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The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of committee amendment in the nature of a substitute: CR H7972-7973)
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The previous question was ordered pursuant to the rule. (consideration: CR H7984)
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3094.
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H.AMDT.881 On agreeing to the Education and the Workforce amendment (A0 Agreed to by voice vote.
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H.AMDT.881 Amendment in the nature of a substitute reported by the House Committee on Education and the Workforce.Amendment in the nature of a substitute
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H.AMDT.880 On agreeing to the Jackson Lee (TX) amendment (A004) Failed by recorded vote: 188 - 236 (Roll no. 867).
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H.AMDT.879 On agreeing to the Walz (MN) amendment (A003) Failed by recorded vote: 200 - 221 (Roll no. 866).
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H.AMDT.878 On agreeing to the Boswell amendment (A002) Failed by recorded vote: 181 - 239 (Roll no. 865).
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H.AMDT.877 On agreeing to the Bishop (NY) amendment (A001) Failed by recorded vote: 187 - 228 (Roll no. 864).
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On motion to strike the enacting clause Failed by recorded vote: 176 - 241 (Roll no. 863).
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DEBATE - Mrs. Moore was recognized for 5 minutes to move that the Committee rise and report the bill to the House with recommendation that the enacting clause be striken.
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Ms. Moore moved to strike the enacting clause.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mrs. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
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DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 4.
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H.AMDT.880 Amendment (A004) offered by Ms. Jackson Lee (TX). (consideration: CR H7977-7979, H7983; text: CR H7977)Amendment sought to strike the provisions in the bill which deal with the timeframe in which an election can go on and in which the employer can unnecessarily delay that election.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Walz amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Walz demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
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DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Walz amendment No. 3.
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H.AMDT.879 Amendment (A003) offered by Mr. Walz (MN). (consideration: CR H7976-7977, H7982-7983; text: CR H7976)Amendment sought to prevent the bill from applying to businesses that have been cited for violating labor laws in the past year against employees who are veterans of the Armed Forces.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Boswell amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Boswell demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
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DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Boswell amendment No. 2.
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H.AMDT.878 Amendment (A002) offered by Mr. Boswell. (consideration: CR H7974-7976, H7981-7982; text: CR H7974)Amendment sought to prevent employers that have paid any executive compensation bonuses in excess of 10,000 percent of the annual compensation of the average employee from engaging in open-ended litigation. Such parties are required to state their issues or positions at the outset of pre-election hearings, and would be prohibited from raising new, frivolous issues as a dilatory tactic.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Bishop (NY) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Bishop (NY) demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
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DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 10 minutes of debate on the Bishop (NY) amendment No. 1.
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H.AMDT.877 Amendment (A001) offered by Mr. Bishop (NY). (consideration: CR H7973-7974, H7981; text: CR H7973)Amendment sought to give the Board authority to impose sanctions on a party for presenting a frivolous or vexatious filing during pre-election proceedings.
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GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3094.
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The Speaker designated the Honorable Ted Poe to act as Chairman of the Committee.
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House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 470 and Rule XVIII.
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Rule provides for consideration of H.R. 3094 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Education and Workforce now printed in the bill shall be considered as orginial text for the purpose of amendment and shall be considered as read. The resolution waives all points of order against the committee amendment in the nature of a substitute.
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Considered under the provisions of rule H. Res. 470. (consideration: CR H7957-7986)
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Rule H. Res. 470 passed House.
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Rules Committee Resolution H. Res. 470 Reported to House. Rule provides for consideration of H.R. 3094 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Education and Workforce now printed in the bill shall be considered as orginial text for the purpose of amendment and shall be considered as read. The resolution waives all points of order against the committee amendment in the nature of a substitute.
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Placed on the Union Calendar, Calendar No. 186.
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Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 112-276.
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Ordered to be Reported (Amended).
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Committee Consideration and Mark-up Session Held.
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Committee Hearings Held.
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Referred to the House Committee on Education and the Workforce.
Sponsors
- John Kline · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 3094 do?
- Workforce Democracy and Fairness Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interest are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Requires the NLRB, upon due notice, to provide a hearing at least 14 days after the filing of an election petition for collective bargaining representation to investigate those petitions the NLRB has reasonable cause to believe have a question of representation affecting commerce. Requires such hearings be non-adversarial. Requires the NLRB to: (1) direct an election by secret ballot as soon as practicable, but in any event not before 35 calendar days following the filing of an election petition, in cases where a question of representation exists; and (2) acquire, at least 7 days after its final determination of the appropriate bargaining unit, a list of all eligible voters (including certain informational data) from the employer and make it available to all parties.
- Who sponsors HR 3094?
- HR 3094 is sponsored by John Kline (R).
- What is the current status of HR 3094?
- This bill died with 112th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 3094?
- Track HR 3094 free on One Click Politics — get push/email alerts when it moves.
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