S. 1843Senate112th Congress (2011-2013)In Committee

Representation Fairness Restoration Act

Introduced November 10, 2011

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

November 10, 2011

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SenateIntro Referral

Introduced in Senate

November 10, 2011

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S7370-7371)

November 10, 2011

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

November 10, 2011

Floor Debate

21 members

What members said about S. 1843 on the floor

7 Republicans14 Democrats
Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · May 17, 2012

May I interrupt for 1 moment? I wanted to confirm the order of proceeding would be Senator Franken is going to speak and then I will speak for a few moments after Senator Franken. I know the…

James M. Inhofe
Sen. James M. InhofeR-OK · May 17, 2012

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I ask that I be recognized for up to 15 minutes as if in morning business. Madam President,…

Tom Harkin
Sen. Tom HarkinD-IA · Nov 10, 2011

Mr. President, among the most hopeful occurrences in rural America is when someone is able to get started in farming or ranching and go on to build a successful operation. Typically, the beginning…

Jack Reed
Sen. Jack ReedD-RI · May 17, 2012

Mr. President, I am joined by my colleague, Senator Brown of Ohio. We are extraordinarily apprehensive that in 45 days the interest rate on subsidized student loans will double in the United States.…

Lindsey Graham
Sen. Lindsey GrahamR-SC · May 17, 2012

I wish to echo what my friend from Connecticut, Senator Lieberman, has said. I wish to get this done so we can vote and send the appropriate signal. It is not so much we act before Tuesday, even…

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Sherrod Brown
Sen. Sherrod BrownD-OH · May 17, 2012

I appreciate the work of the Senator from Rhode Island and Senator Harkin. Of course, Senator Reed has been working on this issue for months and months. I am still amazed that the Senate refuses time…

Robert Menendez
Sen. Robert MenendezD-NJ · May 17, 2012

Mr. President, I thank the leader for yielding. I want to applaud him for asking to bring the legislation that passed unanimously out of the Banking Committee to the floor because there is no one in…

Richard Burr
Sen. Richard BurrR-NC · Nov 10, 2011

Mr. President, I rise today to highlight the introduction of important bipartisan legislation to reauthorize the Pandemic and All-Hazards Preparedness Act of 2006 and the BioShield Special Reserve…

Harry Reid
Sen. Harry ReidD-NV · May 17, 2012

Madam President, what is the pending business? Madam President, I have a cloture motion at the desk. Madam President, I ask unanimous consent that the mandatory quorum under rule XXII be waived.…

Tom Harkin
Sen. Tom HarkinD-IA · May 17, 2012

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I have high hopes that in the days immediately ahead the Senate will proceed to the…

Al  Franken
Sen. Al Franken D-MN · May 17, 2012

The Senator wishes to speak now? Madam President, last week my colleagues on the other side of the aisle blocked a vote that would have eased the burden of debt for millions of college students in…

Ron Wyden
Sen. Ron WydenD-OR · Nov 10, 2011

Mr. President, never in our Nation's history has the American military relied more on National Guard and Reserve servicemembers than it has in the last 10 years. More than 800,000 members of the…

Lamar Alexander
Sen. Lamar AlexanderR-TN · May 17, 2012

Mr. President, I ask consent the Senator from Delaware, Senator Coons, and I could have a colloquy for up to 15 minutes. The Senator from Delaware is not yet on the floor but I know he is coming.…

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Christopher A. Coons
Sen. Christopher A. CoonsD-DE · May 17, 2012

I thank very much Senator Alexander. I cannot think of a better person to partner with, to seek advice and guidance and leadership from, on the issue of STEM immigration and education reform than…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 17, 2012

Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, today the Postmaster General announced that the Postal Service would begin the process of consolidating about…

Amy Klobuchar
Sen. Amy KlobucharD-MN · May 17, 2012

Mr. President, I rise today to urge my colleagues to join me in passing a critical bill that keeps the faith with the men and women of our Reserve Forces. Representative Kline, a Republican…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · May 17, 2012

Mr. President, this is a classic moment-- unfortunately, too typical--where we all agree on the goal, but we want to pass another tier of sanctions against the Iranians to deter them from developing…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Nov 10, 2011

Mr. President, I rise today to introduce legislation that will provide certain of our Nation's veterans with the ability to enforce their statutorily protected veterans' preference rights in the…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Nov 10, 2011

Mr. President, I rise today to address the long history of water disputes in the Klamath Basin and commend the work of the community in coming together to begin a new, collaborative era of water…

Johnny Isakson
Sen. Johnny IsaksonR-GA · May 17, 2012

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I apologize for keeping the Presiding Officer and the rest of the staff here a little later than…

Bob Corker
Sen. Bob CorkerR-TN · May 17, 2012

First of all, we have two things on the floor that are being discussed right now, and I know this is confusing probably to the people in Tehran, but the fact is I agree that Senator Menendez and…

John McCain
Sen. John McCainR-AZ · May 17, 2012

Would the Senator yield for a question? Isn't it true that the President of the United States said that it was ``unacceptable'' for the Iranians to have a nuclear weapon? I have a series of…

Johnny Isakson
Sen. Johnny IsaksonR-GA · Nov 10, 2011

Mr. President, today, I highlight yet another assault on private-sector employers by this administration and its appointees. Rather than empowering businesses to help bring us out of this economic…

Johnny Isakson
Sen. Johnny IsaksonR-GA · Nov 10, 2011

Mr. President, today, I highlight yet another assault on private-sector employers by this administration and its appointees. Rather than empowering businesses to help bring us out of this economic…

Bill Text

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Introduced in SenateIssued November 10, 2011

II

112th CONGRESS

1st Session

S. 1843

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.

Short title

This Act may be cited as the Representation Fairness Restoration Act.

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 by striking the first sentence and inserting the following: 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 bargaining. Unless otherwise stated in this Act, excluding acute health care facilities, the unit appropriate for purposes of collective bargaining shall consist of employees that share a sufficient community of interest. In determining 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 common 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 organizational 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 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 based on whether such additional employees and proposed 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 existing unit members share an overwhelming community of interest and the additional employees have little or no separate identity..