,,ii  #aagth ,,congress  #b;d ,session  
,s4 #cehe  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,february #c1  
#bjbb,mr4 ,rubio introduced the         
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to enable an employer or       
employees to establish an employee      
involvement organization to represent   
the interests of employees1 and for     
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,teamwork for  
,employees and ,managers ,act of #bjbb4 
#b4 ,employer exception  7a7 ,in general
 ,section #h of the ,national ,labor    
,relations ,act 7#bi ,u4,s4,c4 #aeh7 is 
amended by adding at the end the        
following3  7h7 ,it shall not constitute
 or be evidence of an unfair labor      
practice under subsection 7a7 for an    
employer to establish1 assist1 maintain1
 or participate in an employee          
involvement organization1 as defined in 
section #c of the ,teamwork for         

,employees and ,managers ,act of #bjbb3 
,provided1 ,that this subsection shall  
not apply in a case in which a labor    
organization is the representative of   
the employees of the employer in        
accordance with section #i7;a74  4  7b7 
,exception from labor organization      
definition ,section #b7e7 of the        
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aeb7e77 is amended by        
inserting 1 except that the term shall  
not include an employee involvement     
organization as defined in section #c of
 the ,teamwork for ,employees and       
,managers ,act of #bjbb before the      
period at the end4  #c4 ,definitions ,in
 this ,act3 7#a7 ,employee ,the term    
employee has the meaning given such term
 in section #b of the ,national ,labor  
,relations ,act 7#bi ,u4,s4,c4 #aeb74   
7#b7 ,employee involvement organization 
,the term employee involvement          
organization means an organization or   
entity established by the mutual consent
 of an employer and any number of       

employees of the employer-- 7,a7 which  
may be initiated by the employer1 the   
employees1 or both2  7,b7 which may be  
dissolved-- 7i7 except as described in  
clause 7ii71 at any time1 and without   
regard to cause1 by the employer1 the   
employees1 or both2 or  7ii7 in the case
 of an employee involvement organization
 for a large employer and employees of  
the large employer1 only in accordance  
with section #d7;b77#b72  7,c7 in which 
employees and supervisors participate to
 address matters of mutual interest1    
including issues of quality of work1    
productivity1 efficiency1 compensation1 
benefits 7including related to education
 and training71 recruitment and         
retention1 grievances1 child care1      
safety and health1 and accommodation of 
the religious beliefs and practices of  
employees2 and  7,d7 that does not have1
 claim1 or seek authority to-- 7i7 be   
the exclusive collective bargaining     
representative of the employees         
participating in such organization or   

entity2  7ii7 negotiate or enter into a 
collective bargaining agreement with the
 employer on behalf of such employees2  
7iii7 amend any collective bargaining   
agreement between the employer and any  
labor organization2 or  7iv7 preclude   
such employees from designating or      
selecting a labor organization as the   
representative of such employees1 as    
provided in section #i7;a7 of the       
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aei7;a774  7#c7 ,employer    
,the term employer has the meaning given
 such term in section #b of the         
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aeb74  7#d7 ,large employer  
,the term large employer means an       
employer that-- 7,a7 had more than      
#a1jjj1jjj1jjj in annual gross revenues 
for the most recently completed fiscal  
year prior to the date of certification 
under section #d7;b77#a72 and  7,b7     
employs more than #c1jjj employees on   
such date4  7#e7 ,workforce committee   
,the term workforce committee means a   

committee of the board of directors of  
an employer that-- 7,a7 oversees the    
policies of the employer on quality of  
work1 productivity1 efficiency1         
compensation1 benefits 7including       
related to education and training71     
recruitment and retention1 grievances1  
child care1 safety and health1 and      
accommodation of the religious beliefs  
and practices of employees2  7,b7 has a 
substantially equivalent source of      
authority with respect to authorizing   
provisions in the article of            
incorporation or bylaws of the employer 
as the compensation committee of the    
board of directors or an equivalent     
committee of the board of directors2 and
  7,c7 may be the compensation committee
 of the board of directors or an        
equivalent committee of the board of    
directors1 if such committee meets the  
requirements of this paragraph4  #d4    
,requirements for employee involvement  
organizations at large employers  7a7   
,in general ,this section shall apply to

 each employee involvement organization 
for a large employer and employees of   
the large employer4  7b7 ,establishment 
of an employee involvement organization 
for large employers  7#a7 ,certification
 ,a large employer shall certify each   
employee involvement organization for   
the large employer on the date of       
formation of such employee involvement  
organization4  7#b7 ,procedures  7,a7   
,in general ,an employee involvement    
organization established under paragraph
 7#a7 shall have reasonable procedures  
regarding-- 7i7 how an employee may join
 or leave such employee involvement     
organization2 and  7ii7 dissolution of  
the employee involvement organization4  
7,b7 ,dissolution for cause  7i7 ,in    
general ,in the case of an employee     
involvement organization that has been  
certified under paragraph 7#a7 for not  
less than #e consecutive years1 a large 
employer may only dissolve such employee
 involvement organization with cause4   
7ii7 ,cause ,for purposes of clause 7i71

 the term cause means a reasonable      
business purpose for dissolution1 as    
determined by-- 7,i7 the independent    
business judgment of the board of       
directors of the business of the large  
employer2 or  7,,ii7 if the business of 
a large employer does not have a board  
of directors1 the substantial equivalent
 of the board of directors4  7#c7       
,cooling-off period ,unless otherwise   
specified in the certification under    
paragraph 7#a71 an employee involvement 
organization may not be established at a
 large employer prior to #b years       
after-- 7,a7 in the case of a large     
employer for which a valid election was 
held under section #i7;c77#a7 of the    
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aei7;c77#a77 in which a      
majority of the employees voting in such
 election voted against representation1 
the date of such election2 or  7,b7 in  
the case of a large employer for which a
 valid election was held under section  
#i7;e7 of such ,act and a majority of   

the employees voting in such election   
voted in favor of rescission of the     
authority of a labor organization to    
make an agreement described in section  
#h7;a77#c7 of such ,act 7#bi ,u4,s4,c4  
#aeh7;a77#c771 the date of such         
election4  7c7 ,employee representative 
of an employee involvement organization 
7#a7 ,in general ,employees             
participating in an employee involvement
 organization established under         
subsection 7b77#a7 may1 subject to the  
requirements in paragraph 7#b71 elect   
through reasonable means an employee    
representative of the employee          
involvement organization4  7#b7         
,election process  7,a7 ,requirements   
,an election of an employee             
representative of an employee           
involvement organization for the large  
employer-- 7i7 shall be through a secret
 ballot of the employees participating  
in the employee involvement organization
 who are employed by the large employer 
on the date of such election and who are

 ,united ,states citizens or reside     
primarily in the ,united ,states2 and   
7ii7 may not be funded through funding  
sources external to the employee        
involvement organization1 including any 
labor organization1 nonprofit1 or       
business other than the employer4  7,b7 
,default rules regarding election       
process ,unless otherwise specified in  
the certification under subsection      
7b77#a7 by the large employer of such   
employee involvement organization1 an   
election of an employee representative  
of an employee involvement organization 
for the large employer-- 7i7 may be     
funded through employer-provided        
funding2 and  7ii7 shall occur within   
the same time period and with the same  
regularity as the election of the board 
of directors of the large employer4     
7#c7 ,eligibility requirements  7,a7 ,in
 general ,each individual elected to be 
a representative of an employee         
involvement organization for a large    
employer shall be an employee who-- 7i7 

is eligible to vote under paragraph     
7#b77;,a77i72 and  7ii7 except in a case
 in which the large employer has        
operated for less than the #e calendar  
years immediately preceding the date of 
the election1 has been employed by the  
large employer for not less than the #e 
calendar years immediately preceding the
 date of the election4  7,b7            
,ineligibility2 term limits ,an employee
 representative of an employee          
involvement organization elected under  
this subsection shall not-- 7i7 be      
employed by the employer at the time of 
such election as a supervisor2 or  7ii7 
at any time during the #e calendar years
 immediately preceding the date of such 
election1 be employed by the employer in
 a position related to human resources4 
7#d7 ,representation by employee        
representative on board of directors of 
large employer  7,a7 ,board             
representation ,subject to the          
limitation under subparagraph 7,b7 and1 
as relevant1 the procedure under        

subparagraph 7,c71 an employee          
representative of an employee           
involvement organization elected under  
this subsection shall-- 7i7 be a        
nonvoting member of either or both of-- 
7,i7 the board of directors of the      
employer2 or  7,,ii7 a workforce        
committee of the board of directors of  
the employer2  7ii7 be permitted to     
attend any regular meeting of such board
 or committee1 as applicable2 and  7iii7
 receive equal access to information    
relevant to the purposes of the employee
 involvement organization as any other  
member of the board or committee1 as    
applicable4  7,b7 ,limitations ,unless  
otherwise specified in the certification
 under subsection 7b77#a7 by the large  
employer of such employee involvement   
organization1 an employer may exclude an
 employee representative from attending 
any meeting of any committee of the     
board of directors of the business of   
such employer 7or the substantial       
equivalent of any such committee7 called

 for purposes unrelated to the purposes 
of such employee involvement            
organization4  7,c7 ,special procedure  
for an employer with more than #a       
employee involvement organization ,in a 
case in which #b or more employee       
representatives in total are elected for
 a large employer under paragraph 7#a71 
the employer and each employee          
involvement organization that elects    
such an employee representative shall1  
by reasonable procedures which provide  
for the input of each such employee     
involvement organization1 ensure that   
only #a employee representative for the 
employer at any time exercises the      
powers described in subparagraph 7,a74  
#e4 ,safe harbor for violation of rules 
due to the fault of an employee ,section
 #h of the ,national ,labor ,relations  
,act 7#bi ,u4,s4,c4 #aeh71 as amended by
 section #b1 is further amended by      
adding at the end the following3  7i7   
,it shall not constitute or be evidence 
of an unfair labor practice under       

subsection 7a7 for an employer to       
establish1 assist1 maintain1 or         
participate in an organization which    
purports to be an employee involvement  
organization1 as defined in section #c  
of the ,teamwork for ,employees and     
,managers ,act of #bjbb1 but which fails
 to comply with the requirements of such
 ,act due to the fault of an employee3  
,provided1 ,that this subsection shall  
not apply in a case in which a labor    
organization is the representative of   
the employees of the employer in        
accordance with section #i7;a74  4  #f4 
,limitations  7a7 ,labor organization   
rights ,this ,act shall not prevent or  
affect the rights provided to labor     
organizations under section #i of the   
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aei74  7b7 ,employee rights  
,this ,act shall not affect the rights  
and responsibilities of employees under 
the ,national ,labor ,relations ,act    
7#bi ,u4,s4,c4 #aea et seq471 except    
with respect to the amendments made to  

section #b7e7 and section #h of the     
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aeb7e72 #bi ,u4,s4,c4 #aeh7  
by sections #b and #e of this ,act4  #g4
 ,enforcement by the ,national ,labor   
,relations ,board ,section #f of the    
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aef7 is amended-- 7#a7 by    
striking ,the ,board and inserting 7a7  
,the ,board2 and  7#b7 by adding at the 
end the following3  7b7 ,the ,board     
shall not have any authority for        
enforcement1 or adjudication1 under this
 ,act or the ,teamwork for ,employees   
and ,managers ,act of #bjbb with respect
 to an employee involvement             
organization1 as defined in section #c  
of such ,act4  4