Representation Fairness Restoration Act

Representation Fairness Restoration Act

This bill amends the National Labor Relations Act to replace the current legal standard for determining the appropriateness of a collective bargaining unit. Under a 2011 ruling by the National Labor Relations Board (NLRB) in Specialty Healthcare and Rehabilitation Center of Mobile, the NLRB must approve a requested bargaining unit unless an employer can show that an overwhelming community of interest exists between the requested unit and some other portion of the workforce, thus allowing the formation of smaller bargaining units (i.e., micro-bargaining units). This bill requires the NLRB to determine a unit appropriate for collective bargaining if it consists of employees who share a sufficient community of interest and sets forth factors for the NLRB to consider in determining whether employees share a sufficient community of interest.