[Congressional Record Volume 157, Number 172 (Thursday, November 10, 2011)]
[Senate]
[Pages S7370-S7371]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ISAKSON (for himself, Mr. Alexander, Ms. Ayotte, Mr. 
        Blunt, Mr. Boozman, Mr. Burr, Mr. Chamblis, 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):
  S. 1843. A bill to amend the National Labor Relations Act to provide 
for appropriate designation of collective bargaining units; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. ISAKSON. 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 
downturn, the White House continues to tilt the scales in favor of its 
allies--the labor unions. Nowhere is this more evident than the recent 
actions of the National Labor Relations Board, NLRB.
  For the past 77 years, the NLRB has recognized a bargaining unit as 
all the employees of the employer, a facility, a department, or a 
craft. A bargaining unit had to be a sufficient size to warrant 
separate group identification for the purposes of collective 
bargaining. This standard was developed through years of careful 
consideration and congressional guidance.
  On August 26, 2011, the NLRB decided to recklessly disregard this 
longstanding precedent. In its ``Specialty Healthcare and 
Rehabilitation Center of Mobile'' decision, the NLRB decided that 
unions can now handpick a small group of employees doing the same job 
in the same location for organization purposes. For instance, cashiers 
at a grocery store could form one small union separate from the 
baggers, produce stockers, or deli butchers. Unions have found it much 
easier to organize three employees rather than 30. Employers, 
especially retail chains, fear that this could create several dozen 
unions all within the same store location--making it easier for unions 
to gain access to employees and nearly impossible to manage such 
fragmentation of the workforce.
  Let me be clear: I do not oppose efforts by employees to unionize if 
they choose to do so. I do, however, oppose the government interfering 
in the principles of a democratic workplace and

[[Page S7371]]

tipping the scales in favor of one party over the other.
  I am proud to stand up today, along with 28 of my Republican 
colleagues, to introduce the Representation Fairness Restoration Act. 
This bill will reinstate the traditional standard for determining which 
employees will constitute appropriate bargaining units. The NLRB's 
actions are yet another clear example of how President Obama's 
appointees at this ``independent'' agency are clearly playing favorites 
at the expense of the American worker and our economy. We need to send 
a message to the administration that the NLRB's decisions are only 
adding to the pressure and uncertainty facing businesses today. This 
runaway agency must be reined in and I stand by private-sector 
employers by helping restore fairness to the workplace.
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