II 

113TH CONGRESS 

1ST SESSION S. 1166 

To amend the National Labor Relations Act to provide for appropriate 

designation of collective bargaining units. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2013 

Mr. ISAKSON (for himself, Mr. ALEXANDER, Mr. BURR, Mr. COATS, Mr. 

CORKER, Mr. CORNYN, Mr. ENZI, Mr. GRAHAM, Mr. INHOFE, Mr. 

JOHANNS, Mr. KIRK, Mr. ROBERTS, and Mr. SCOTT) 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’’. 

6 SEC. 2. AMENDMENT TO THE NATIONAL LABOR RELATIONS 

7 ACT. 

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

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


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1 and inserting the following: ‘‘In each case, prior to an elec2 tion, the Board shall determine, in order to ensure to em3 ployees the fullest freedom in exercising the rights guaran4 teed by this Act, the unit appropriate for the purposes 

5 of collective bargaining. Unless otherwise stated in this 

6 Act, excluding acute health care facilities, the unit appro7 priate for purposes of collective bargaining shall consist 

8 of employees that share a sufficient community of interest. 

9 In determining whether employees share a sufficient com10 munity of interest, the Board shall consider (1) similarity 

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

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

13 common supervision; (4) extent of interchange and fre14 quency of contact between employees; (5) integration of 

15 the work flow and interrelationship of the production proc16 ess; (6) the consistency of the unit with the employer’s 

17 organizational structure; (7) similarity of job functions 

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

19 unit and the industry. To avoid the proliferation or frag20 mentation of bargaining units, employees shall not be ex21 cluded from the unit unless the interests of the group 

22 sought are sufficiently distinct from those of other employ23 ees to warrant the establishment of a separate unit. 

24 Whether additional employees should be included in a pro25 posed unit shall be based on whether such additional emVerDate Mar 15 2010 01:44 Jun 18, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1166.IS S1166

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1 ployees and proposed unit members share a sufficient 

2 community of interest, with the exception of proposed ac3 cretions to an existing unit, in which the inclusion of addi4 tional employees shall be based on whether such additional 

5 employees and existing unit members share an over6 whelming community of interest and the additional em7 ployees have little or no separate identity.’’. 

Æ 


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