Federal Issues
Federal Issue Summary:
AS AN EMPLOYER OR EMPLOYEE, YOU SHOULD BE ALARMED BY ORGANIZED LABOR’S TOP LEGISLATIVE PRIORITY!
The Employee Free Choice Act and How it Will Impact You…oppose The Employee Free Choice Act (EFCA), or “card check” legislation, makes sweeping changes to the National Labor Relations Act (NLRA), and increases the chances for any business to be unionized. Certain members of Congress have been working with organized labor to get this legislation passed immediately, and it could become law as early as 2009! It is critical that as an employer or employee, you are aware of how this bill will dangerously impact your workplace.
Why Current Law Works…The National Labor Relations Act (NLRA) currently provides that if a labor organization seeks a collective bargaining agreement with a business, then signatures must be retrieved from at least 30% of the workers. If the signature requirement is met, a supervised secret ballot election is held by the National Labor Relations Board (NLRB), and a majority of the vote is required in order for a union to be certified by the NLRB. Right now, employees can vote by secret ballot process if they want their workplace unionized – a process that guarantees their privacy! Current law also protects employees from coercion, intimidation or harassment when they decide whether to join a union.
Why EFCA is Bad for Employers and Workers…The Employee Free Choice Act as proposed would significantly change current federal law, and nullify workers’ NLRA protections that are necessary when they decide whether to support or oppose unionization. There are three provisions in the legislation that we’ve outlined below that dramatically alter the National Labor Relations Act to favor organized labor and increase the potential for unionization:
1) Card Check Authorization:
This provision requires the National Labor Relations Board to certify a union representative if a simple majority of employees have signed card authorizations.
· This provision takes away a worker’s right to a secret ballot election, and forces workers to publicly decide whether to join a union;
· This provision increases the potential for intimidation, coercion and harassment by allowing unions the opportunity to “persuade” a simple majority of workers into joining their organization;
· By removing the secret ballot election, workers will NOT have the option to independently decide whether to join a union – a critical decision that is currently allowed in a private voting booth.
2) Mandatory mediation and binding arbitration:
This provision mandates mediation within 90 days if no bargaining agreement is reached, and mandates binding arbitration if no agreement is reached within 30 days. The arbitration decision would be binding for two years.
· This provision requires employers to negotiate critical terms of a union contract in a very limited time;
· This provision forces binding arbitration if an agreement is not reached, and the parties are stuck with a contract that cannot be changed for 2 years;
· This provision is silent on the arbitration process and lends itself to inconsistent decisions by arbitrators.
3) Enhanced penalties and expanded grounds for injunctions:
This provision enhances the penalties for unfair labor practices committed by an employer during a union campaign, and mandates injunctive relief.
· This provision creates unfair and excessive penalties against an employer by awarding treble damages (3x back pay), and civil penalties up to $20,000 in favor of an employee. The bill does not apply the same increase in penalties against unions if unfair labor practices have been committed by a union against a business or worker!
How You Can Protect Yourself …Proactive steps can and should be taken to protect your workplace from the potential impact of this legislation. Those steps can include identifying and pursuing a strategy that helps provide a better workplace while remaining union-free. We’ve provided an effective resource written by Littler Mendelson, a national employment and labor law firm that has outlined steps for employers who are concerned with the impact of the EFCA bill and who wish to protect themselves from unionization.Click here for more information.
What You Can Do To Fight This Legislation… The EFCA legislation could become law as early as 2009, so members of Congress need to hear from you. Please contact your representatives in Congress through correspondence, phone calls or office meetings, and urge them to oppose this legislation!
Michael Bennet: "'I don't have a position on EFCA. I think that legitimate points have been raised on both sides of the conversation, and I just want to hear from the constituencies, because I haven't. In my current role I have not had a direct conversation with anybody that's engaged in that policy discussion.'" (Sarah Burnett, "Bennet Kicks Off On-The-Job Training," The Rocky Mountain News, 1/19/09)
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