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. GUTH-
RIE, 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 Com-
mittee on Education and the Workforce 
A BILL 
To amend the National Labor Relations Act with respect 
to the criteria for determining employee units appro-
priate for the purposes of collective bargaining. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Representation Fair-
ness Restoration Act’’. 
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SEC. 2. DETERMINATION OF APPROPRIATE UNITS FOR 
COLLECTIVE BARGAINING. 
Section 9(b) of the National Labor Relations Act (29 
U.S.C. 159(b)) is amended— 
(1) by redesignating paragraphs (1) through 
(3) as subparagraphs (A) through (C); 
(2) by striking ‘‘The Board shall decide’’ and 
all that follows through ‘‘or subdivision thereof:’’ 
and inserting the following: ‘‘(1) In each case, prior 
to an election, the Board shall determine, in order 
to assure to employees the fullest freedom in exer-
cising the rights guaranteed by this Act, the unit ap-
propriate for the purposes of collective bargaining. 
Unless otherwise stated in this Act, and excluding 
any bargaining unit determination promulgated 
through rulemaking before August 26, 2011, the 
unit appropriate for purposes of collective bargaining 
shall consist of employees that share a sufficient 
community of interest. In determining whether em-
ployees share a sufficient community of interest, the 
Board shall consider— 
‘‘(A) similarity of wages, benefits, and 
working conditions; 
‘‘(B) similarity of skills and training; 
‘‘(C) centrality of management and com-
mon supervision; 
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‘‘(D) extent of interchange and frequency 
of contact between employees; 
‘‘(E) integration of the work flow and 
interrelationship of the production process; 
‘‘(F) the consistency of the unit with the 
employer’s organizational structure; 
‘‘(G) similarity of job functions and work; 
and 
‘‘(H) the bargaining history in the par-
ticular unit and the industry. 
To avoid the proliferation or fragmentation of bar-
gaining units, employees shall not be excluded from 
the unit unless the interests of the group seeking a 
separate unit are sufficiently distinct from those of 
other employees to warrant the establishment of a 
separate unit. Whether additional employees should 
be included in a proposed unit shall be determined 
based on whether such additional employees and 
proposed unit members share a sufficient community 
of interest, with the sole exception of proposed accre-
tions to an existing unit, in which the inclusion of 
additional employees shall be based on whether such 
additional employees and existing unit members 
share an overwhelming community of interest and 
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the additional employees have little or no separate 
identity.’’; and 
(3) by striking ‘‘Provided, That the Board’’ and 
inserting the following: 
‘‘(2) The Board’’. 
Æ 
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