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