I 
115TH CONGRESS 
1ST SESSION H. R. 2629 
To amend the National Labor Relations Act to provide for appropriate 
designation of collective bargaining units. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2017 
Mr. FRANCIS ROONEY of Florida (for himself, Mr. BYRNE, Mr. ROE of Ten-
nessee, Mr. COLE, Mr. GROTHMAN, Mr. LEWIS of Minnesota, Mr. 
SMUCKER, and Mr. FERGUSON) introduced the following bill; which was 
referred to the Committee on Education and the Workforce 
A BILL 
To amend the National Labor Relations Act to provide for 
appropriate designation of collective bargaining units. 
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’’. 
SEC. 2. AMENDMENT TO THE NATIONAL LABOR RELATIONS 
ACT. 
Section 9(b) of the National Labor Relations Act (29 
U.S.C. 159(b)) is amended to read as follows: 
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‘‘(b) In each case, prior to an election, the Board 
shall determine, in order to ensure to employees the fullest 
freedom in exercising the rights guaranteed by this Act, 
the unit appropriate for the purposes of collective bar-
gaining. Unless otherwise stated in this Act, excluding 
acute health care facilities, the unit appropriate for pur-
poses of collective bargaining shall consist of employees 
that share a sufficient community of interest. In deter-
mining whether employees share a sufficient community 
of interest, the Board shall consider (1) similarity of 
wages, benefits, and working conditions; (2) similarity of 
skills and training; (3) centrality of management and com-
mon supervision; (4) extent of interchange and frequency 
of contact between employees; (5) integration of the work 
flow and interrelationship of the production process; (6) 
the consistency of the unit with the employer’s organiza-
tional structure; (7) similarity of job functions and work; 
and (8) the bargaining history in the particular unit and 
the industry. To avoid the proliferation or fragmentation 
of bargaining units, employees shall not be excluded from 
the unit unless the interests of the group sought are suffi-
ciently 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 
based on whether such additional employees and proposed 
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unit members share a sufficient community of interest, 
with the exception of proposed accretions to an existing 
unit, in which the inclusion of additional employees shall 
be based on whether such additional employees and exist-
ing unit members share an overwhelming community of 
interest and the additional employees have little or no sep-
arate identity.’’. 
Æ 
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