II 

112TH CONGRESS 

1ST SESSION S. 1843 

To amend the National Labor Relations Act to provide for appropriate 

designation of collective bargaining units. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2011 

Mr. ISAKSON (for himself, Mr. ALEXANDER, Ms. AYOTTE, Mr. BLUNT, Mr. 

BOOZMAN, Mr. BURR, Mr. CHAMBLISS, Mr. COBURN, Mr. COATS, Mr. 

COCHRAN, Ms. COLLINS, Mr. CORKER, Mr. DEMINT, Mr. ENZI, Mr. 

GRAHAM, Mr. HATCH, Mrs. HUTCHISON, Mr. INHOFE, Mr. JOHANNS, 

Mr. JOHNSON of Wisconsin, Mr. LEE, Mr. LUGAR, Mr. MCCAIN, Mr. 

PAUL, Mr. RISCH, Mr. SHELBY, Ms. SNOWE, Mr. THUNE, and Mr. VITTER) 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 provide for 

appropriate designation of collective bargaining units. 

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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•S 1843 IS

1 SEC. 2. AMENDMENT TO THE NATIONAL LABOR RELATIONS 

2 ACT. 

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

4 U.S.C. 159(b)) is amended by striking the first sentence 

5 and inserting the following: ‘‘In each case, prior to an elec6 tion, the Board shall determine, in order to ensure to em7 ployees the fullest freedom in exercising the rights guaran8 teed by this Act, the unit appropriate for the purposes 

9 of collective bargaining. Unless otherwise stated in this 

10 Act, excluding acute health care facilities, the unit appro11 priate for purposes of collective bargaining shall consist 

12 of employees that share a sufficient community of interest. 

13 In determining whether employees share a sufficient com14 munity of interest, the Board shall consider (1) similarity 

15 of wages, benefits, and working conditions; (2) similarity 

16 of skills and training; (3) centrality of management and 

17 common supervision; (4) extent of interchange and fre18 quency of contact between employees; (5) integration of 

19 the work flow and interrelationship of the production proc20 ess; (6) the consistency of the unit with the employer’s 

21 organizational structure; (7) similarity of job functions 

22 and work; and (8) the bargaining history in the particular 

23 unit and the industry. To avoid the proliferation or frag24 mentation of bargaining units, employees shall not be ex25 cluded from the unit unless the interests of the group 

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1 ees to warrant the establishment of a separate unit. 

2 Whether additional employees should be included in a pro3 posed unit shall be based on whether such additional em4 ployees and proposed unit members share a sufficient 

5 community of interest, with the exception of proposed ac6 cretions to an existing unit, in which the inclusion of addi7 tional employees shall be based on whether such additional 

8 employees and existing unit members share an over9 whelming community of interest and the additional em10 ployees have little or no separate identity.’’. 

Æ 

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