Unions Pushing Passage Of Employee Free Choice Act

Why Do You Care About the Passage of EFCA?
Because the EFCA is not about free choice at all.  It would eliminate the secret ballot election (the hallmark of a free and fair election process) and replace it with a card check arrangement.  Under EFCA, if a union obtains more than 50 percent of authorization cards signed by your employees, the union would automatically become the recognized bargaining agent.  The problem with recognition by card check is that employees can face tremendous pressure to sign cards and cards cannot be submitted anonymously.  Also, all of this activity can occur without the employer receiving formal notice that union activity is taking place in its workplace, so employees may never receive any information about why the union is not in their best interests.  The bill also provides for mandatory mediation and binding arbitration if the parties fail to reach a full agreement on a first bargaining agreement within a certain time frame.  Thus, an arbitrator could end up deciding what wages and benefits you must pay your employees.  The EFCA also sets much more stringent penalties for unfair labor practices.

The History of the EFCA
This bill was previously introduced in June 2007 and fell just short of the votes needed to pass in the Senate.  Although President Bush would have vetoed it, a veto in 2009 is uncertain in light of the upcoming presidential election.

What Employers Should Be Doing Now
Certainly, employers should be contacting their representatives and senators, urging them not to pass or to support this legislation as being anti-democratic and contrary to a full and fair election process.  In addition, we recommend employers:

• Conduct early and periodic assessment of union organizing activity in the workplace;
• Train your supervisors to spot signs of union activity and how to respond to it;
• Conduct surveys to ascertain union activity, employee issues or concerns, workplace morale, and take action steps to address any such concerns;
• Educate supervisors so they can educate your employees about why unions are not in their best interests before any organizing activity is underway; and
• Review your policies and procedures governing solicitation and distribution to ensure you are taking advantage of the most recent board rulings, some of which have been favorable to business.