Employee Free Choice Act

TRALA-opposed legislation called the Employee Free Choice Act (EFCA) [H.R. 1409/S. 560] is currently pending before the United States Congress. Due to an aggressive campaign of pro-business opposition, “compromise” versions of the EFCA are expected to be pushed in the Senate in the fall of 2009. TRALA remains opposed to these so-called compromises and expects that they are part of a legislative strategy aimed at enacting the original EFCA, including the onerous card check provision.

The introduced version of the EFCA includes provisions would have taken away a worker’s right to the private ballot election process when voting to establish a union. It would have replaced the private ballot election process with a biased and inferior process called “card check,” which allows a union to organize if a majority of workers simply sign a card. Under this system, the workers’ votes are made public to the employer, the union organizers and co-workers. Although this provision could be dropped in future versions of the EFCA, “quickie elections” or mail-in card check provisions which compromise the employee’s and the employer’s voice in the union election process would be introduced in its place. Any version of the EFCA that reaches the Senate floor could be amended to put the card check provision back in the bill. Maintenance technicians, drivers and other employees deserve the right to vote on union membership through a private ballot process.

The EFCA also contains a requirement imposing contract terms on private, unionized employers through a process of mandatory binding arbitration. The arbitration requirement not only disrupts the careful balance established by federal labor laws, but also denies workers the ability to vote on their contract and creates disincentives for parties to compromise. By mandating federal arbitration in contract disputes, this legislation would invite fraud and corruption into workplace.

One of the key elements of current federal labor law is the right of workers to participate in a private ballot election to decide their workplace representation and the conditions of their employment. This is the same method used to elect Members of Congress, other public officials and even union leadership. Current law also provides workers with the right to review and vote on negotiated labor contracts in private ballot elections. The EFCA would take away a worker’s right to a federally supervised secret ballot election process when deciding whether or not to join a union, and limit both business and employee’s negotiation efforts by imposing binding arbitration decided by a government official.

In the 110th Congress, S. 1041 was introduced by Sen. Edward Kennedy, (D-MA), and an identical bill, H.R. 800, was introduced by Rep. George Miller (D-CA). HR 800 passed the House by a vote of 241-185 on March 1, 2007. Although it was approved by the House, it fell short of the number of votes supporters had anticipated due to growing opposition across the country. It is believed that many members of the House voted in support of this bill knowing that President Bush stated he would veto any card check legislation that came to his desk.

When H.R. 800 was sent to the Senate for a vote, it prompted a filibuster and was blocked from final consideration on the Senate floor by a 51-48 vote on June 26, 2007. A “super majority” vote in the Senate, 60 votes, is needed to end a filibuster. Both the Democratically-controlled Congress and the Administration of President Obama had identified the card check bill as a priority in the 111th Congress. It is likely to be considered by Congress in the fall of 2009.

MORE INFORMATION

Here are some other useful websites to learn more about the Employee Free Choice Act:

www.myprivateballot.com/
This website contains fact sheets, current video clips of television commercials, news articles, sample letters, and much information that you can use to educate yourself and your workforce on this serious threat to America's workforce. Additional information about the Coalition for a Democratic Workplace and current educational campaigns is available on the website.

www.uschamber.com/unionrhetoric
This U.S. Chamber of Commerce Website helps give you the knowledge needed to combat the false picture painted by organized labor about today's modern workforce. There is much information you can use to rebut union claims about business/labor relations, download fact sheets detailing what is really at stake in this legislative fight, discover the real economic effects of union membership, and much, much more.

www.unionfacts.com
Learn the facts about union membership. Be informed about what union membership really means for your paycheck and your workplace conditions.