I 

113TH CONGRESS 

1ST SESSION H. R. 2347 

To amend the National Labor Relations Act with respect to the criteria 

for determining employee units appropriate for the purposes of collective 

bargaining. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2013 

Mr. PRICE of Georgia (for himself, Mr. KLINE, Mr. MCKEON, Mr. WILSON

of South Carolina, Mr. MARCHANT, Mr. ROE of Tennessee, Mr. GUTHRIE, Mr. DESJARLAIS, Mr. ROKITA, Mr. BUCSHON, Mr. GOWDY, Mrs. 

ROBY, Mr. HECK of Nevada, Mr. BACHUS, Mr. WESTMORELAND, and 

Mr. LONG) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the National Labor Relations Act with respect 

to the criteria for determining employee units appropriate for the purposes of collective bargaining. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Representation Fair5 ness Restoration Act’’. 


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1 SEC. 2. DETERMINATION OF APPROPRIATE UNITS FOR 

2 COLLECTIVE BARGAINING. 

3 Section 9(b) of the National Labor Relations Act (29 

4 U.S.C. 159(b)) is amended— 

5 (1) by redesignating paragraphs (1) through 

6 (3) as subparagraphs (A) through (C); 

7 (2) by striking ‘‘The Board shall decide’’ and 

8 all that follows through ‘‘or subdivision thereof:’’ 

9 and inserting the following: ‘‘(1) In each case, prior 

10 to an election, the Board shall determine, in order 

11 to assure to employees the fullest freedom in exer12 cising the rights guaranteed by this Act, the unit ap13 propriate for the purposes of collective bargaining. 

14 Unless otherwise stated in this Act, and excluding 

15 any bargaining unit determination promulgated 

16 through rulemaking before August 26, 2011, the 

17 unit appropriate for purposes of collective bargaining 

18 shall consist of employees that share a sufficient 

19 community of interest. In determining whether em20 ployees share a sufficient community of interest, the 

21 Board shall consider— 

22 ‘‘(A) similarity of wages, benefits, and 

23 working conditions; 

24 ‘‘(B) similarity of skills and training; 

25 ‘‘(C) centrality of management and com26 mon supervision; 


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1 ‘‘(D) extent of interchange and frequency 

2 of contact between employees; 

3 ‘‘(E) integration of the work flow and 

4 interrelationship of the production process; 

5 ‘‘(F) the consistency of the unit with the 

6 employer’s organizational structure; 

7 ‘‘(G) similarity of job functions and work; 

8 and 

9 ‘‘(H) the bargaining history in the par10 ticular unit and the industry. 

11 To avoid the proliferation or fragmentation of bar12 gaining units, employees shall not be excluded from 

13 the unit unless the interests of the group seeking a 

14 separate unit are sufficiently distinct from those of 

15 other employees to warrant the establishment of a 

16 separate unit. Whether additional employees should 

17 be included in a proposed unit shall be determined 

18 based on whether such additional employees and 

19 proposed unit members share a sufficient community 

20 of interest, with the sole exception of proposed accre21 tions to an existing unit, in which the inclusion of 

22 additional employees shall be based on whether such 

23 additional employees and existing unit members 

24 share an overwhelming community of interest and 


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1 the additional employees have little or no separate 

2 identity.’’; and 

3 (3) by striking ‘‘Provided, That the Board’’ and 

4 inserting the following: 

5 ‘‘(2) The Board’’. 

Æ 


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