employer may only dissolve such employee 
involvement organization with cause. 
(ii) CAUSE.—For purposes of clause 
(i), the term ‘‘cause’’ means a reasonable 
business purpose for dissolution, as deter-
mined by— 
(I) 
the 
independent 
business 
judgment of the board of directors of 
the business of the large employer; or 
(II) if the business of a large em-
ployer does not have a board of direc-
tors, the substantial equivalent of the 
board of directors. 
(3) COOLING-OFF
PERIOD.—Unless otherwise 
specified in the certification under paragraph (1), an 
employee involvement organization may not be estab-
lished at a large employer prior to 2 years after— 
(A) in the case of a large employer for 
which a valid election was held under section 
9(c)(1) of the National Labor Relations Act (29 
U.S.C. 159(c)(1)) in which a majority of the 
employees voting in such election voted against 
representation, the date of such election; or 
(B) in the case of a large employer for 
which a valid election was held under section 
VerDate Sep 11 2014 
16:45 Feb 07, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6579.IH
H6579
pamtmann on DSKBC07HB2PROD with BILLS
9(e) of such Act and a majority of the employ-
ees voting in such election voted in favor of re-
scission of the authority of a labor organization 
to make an agreement described in section 
8(a)(3) of such Act (29 U.S.C. 158(a)(3)), the 
date of such election. 
(c) EMPLOYEE REPRESENTATIVE OF AN EMPLOYEE 
INVOLVEMENT ORGANIZATION.— 
(1) IN GENERAL.—Employees participating in 
an employee involvement organization established 
under subsection (b)(1) may, subject to the require-
ments in paragraph (2), elect through reasonable 
means an employee representative of the employee 
involvement organization. 
(2) ELECTION PROCESS.— 
(A) REQUIREMENTS.—An election of an 
employee representative of an employee involve-
ment organization for the large employer— 
(i) shall be through a secret ballot of 
the employees participating in the em-
ployee involvement organization who are 
employed by the large employer on the 
date of such election and who are United 
States citizens or reside primarily in the 
United States; and 
VerDate Sep 11 2014 
16:45 Feb 07, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6579.IH
H6579
pamtmann on DSKBC07HB2PROD with BILLS
(ii) may not be funded through fund-
ing sources external to the employee in-
volvement 
organization, 
including 
any 
labor organization, nonprofit, or business 
other than the employer. 
(B) DEFAULT
RULES
REGARDING
ELEC-
TION PROCESS.—Unless otherwise specified in 
the certification under subsection (b)(1) by the 
large employer of such employee involvement 
organization, an election of an employee rep-
resentative of an employee involvement organi-
zation for the large employer— 
(i) may be funded through employer- 
provided funding; and 
(ii) shall occur within the same time 
period and with the same regularity as the 
election of the board of directors of the 
large employer. 
(3) ELIGIBILITY REQUIREMENTS.— 
(A) IN GENERAL.—Each individual elected 
to be a representative of an employee involve-
ment organization for a large employer shall be 
an employee who— 
(i) is eligible to vote under paragraph 
(2)(A)(i); and 
VerDate Sep 11 2014 
16:45 Feb 07, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6579.IH
H6579
pamtmann on DSKBC07HB2PROD with BILLS
(ii) except in a case in which the large 
employer has operated for less than the 5 
calendar years immediately preceding the 
date of the election, has been employed by 
the large employer for not less than the 5 
calendar years immediately preceding the 
date of the election. 
(B) INELIGIBILITY; 
TERM
LIMITS.—An 
employee representative of an employee involve-
ment organization elected under this subsection 
shall not— 
(i) be employed by the employer at the 
time of such election as a supervisor; or 
(ii) at any time during the 5 calendar 
years immediately preceding the date of 
such election, be employed by the employer 
in a position related to human resources. 
(4) REPRESENTATION
BY
EMPLOYEE
REP-
RESENTATIVE ON BOARD OF DIRECTORS OF LARGE 
EMPLOYER.— 
(A) BOARD REPRESENTATION.—Subject to 
the limitation under subparagraph (B) and, as 
relevant, the procedure under subparagraph 
(C), an employee representative of an employee 
VerDate Sep 11 2014 
16:45 Feb 07, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6579.IH
H6579
pamtmann on DSKBC07HB2PROD with BILLS
involvement organization elected under this sub-
section shall— 
(i) be a nonvoting member of either or 
both of— 
(I) the board of directors of the 
employer; or 
(II) a workforce committee of the 
board of directors of the employer; 
(ii) be permitted to attend any regular 
meeting of such board or committee, as ap-
plicable; and 
(iii) receive equal access to informa-
tion relevant to the purposes of the em-
ployee involvement organization as any 
other member of the board or committee, 
as applicable. 
(B) LIMITATIONS.—Unless otherwise spec-
ified in the certification under subsection (b)(1) 
by the large employer of such employee involve-
ment organization, an employer may exclude an 
employee representative from attending any 
meeting of any committee of the board of direc-
tors of the business of such employer (or the 
substantial equivalent of any such committee) 
VerDate Sep 11 2014 
16:45 Feb 07, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6579.IH
H6579
pamtmann on DSKBC07HB2PROD with BILLS
called for purposes unrelated to the purposes of 
such employee involvement organization. 
(C) SPECIAL
PROCEDURE
FOR
AN
EM-
PLOYER
WITH
MORE
THAN
EMPLOYEE
IN-
VOLVEMENT
ORGANIZATION.—In a case in 
which 2 or more employee representatives in 
total are elected for a large employer under 
paragraph (1), the employer and each employee 
involvement organization that elects such an 
employee representative shall, by reasonable 
procedures which provide for the input of each 
such employee involvement organization, ensure 
that only 1 employee representative for the em-
ployer at any time exercises the powers de-
scribed in subparagraph (A). 
SEC. 5. SAFE HARBOR FOR VIOLATION OF RULES DUE TO 
THE FAULT OF AN EMPLOYEE. 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158), as amended by section 2, is further amended 
by adding at the end the following: 
‘‘(i) It shall not constitute or be evidence of an unfair 
labor practice under subsection (a) for an employer to es-
tablish, assist, maintain, or participate in an organization 
which purports to be an employee involvement organiza-
tion, as defined in section 3 of the Teamwork for Employ-
VerDate Sep 11 2014 
16:45 Feb 07, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6579.IH
H6579
pamtmann on DSKBC07HB2PROD with BILLS
ees and Managers Act of 2022, but which fails to comply 
with the requirements of such Act due to the fault of an 
employee: Provided, That this subsection shall not apply 
in a case in which a labor organization is the representa-
tive of the employees of the employer in accordance with 
section 9(a).’’. 
SEC. 6. LIMITATIONS. 
(a) LABOR ORGANIZATION RIGHTS.—This Act shall 
not prevent or affect the rights provided to labor organiza-
tions under section 9 of the National Labor Relations Act 
(29 U.S.C. 159). 
(b) EMPLOYEE RIGHTS.—This Act shall not affect 
the rights and responsibilities of employees under the Na-
tional Labor Relations Act (29 U.S.C. 151 et seq.), except 
with respect to the amendments made to section 2(5) and 
section 8 of the National Labor Relations Act (29 U.S.C. 
152(5); 29 U.S.C. 158) by sections 2 and 5 of this Act. 
SEC. 7. ENFORCEMENT BY THE NATIONAL LABOR RELA-
TIONS BOARD. 
Section 6 of the National Labor Relations Act (29 
U.S.C. 156) is amended— 
(1) by striking ‘‘The Board’’ and inserting ‘‘(a) 
The Board’’; and 
(2) by adding at the end the following: 
VerDate Sep 11 2014 
16:45 Feb 07, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6579.IH
H6579
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(b) The Board shall not have any authority for en-
forcement, or adjudication, under this Act or the Team-
work for Employees and Managers Act of 2022 with re-
spect to an employee involvement organization, as defined 
in section 3 of such Act.’’. 
Æ 
VerDate Sep 11 2014 
16:45 Feb 07, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H6579.IH
H6579
pamtmann on DSKBC07HB2PROD with BILLS