EFCA Update:

On March 10, 2009, the EFCA was once again introduced into Congress. However, this time the bill had fewer co-sponsors in the Senate than it had in the last session.
 
Click here to read the revised language from the new H.R. 1409 bill.
 
Because the EFCA would so drastically change the NLRA and those changes would affect so many—unions, employees and employers—it will continue to be a major subject of debate in the coming months.

What is the EFCA?

For over 70 years, American workers have had the right to vote for or against unionization thanks to the National Labor Relations Act (NLRA). However, in the last few years union-backed U.S. Representatives have introduced a bill called the "Employee Free Choice Act" to amend the NLRA which would:

• Eliminate secret-ballot elections, your right to vote, by allowing unions to be certified once a majority (50% +1) of associates have signed union authorization cards. This clause is called "Card Check".
  
  
• Establish a time line for first contracts to be drawn up between unions and associates.

  • Bargaining must begin within 10 days of certification (or a time frame agreed upon by both parties).

  • If, after 90 days of bargaining, an agreement has not been reached, either party may contact a mediator.

  • If, after 30 days of mediation, an agreement has not been reached, the matter will be referred to binding arbitration, pursuant to which the arbitrator will impose a binding 2-year contract, and associates will have no right to vote on acceptance of the contract.

• Increase the fines and restitution that employers must pay if found guilty of certain unfair labor practices. The bill does not make any adjustments to, or even mention, any fines or penalties associated with unfair labor practices by unions.

What does this mean to you?

If labor organizations get the "Employee Free Choice Act" passed, then you will lose your right to vote for or against unionization. Unions could represent the entire bargaining unit if just 50% +1 of the associates sign authorization cards - no election, no voting. So, if there are 100 members in the bargaining unit and 51 members sign authorization card then the entire unit would be represented by the union, even the other 49 who did not sign cards.

It also means you would lose the valuable time before an election to weigh all the facts, the pros and cons of unionization and then decide if you want to vote for or against the union, because there is no election.

In addition, it means that you would lose the right to approve or reject the terms of the first contract. The EFCA's mandatory arbitration process removes associates from the bargaining process entirely and lets the arbitrator impose a binding 2-year contract without an employee vote. Such contract could include terms that may not be acceptable to you, such as forcing the Company to participate in an under-funded multi-employer pension plan. (See "The Facts" at www.myprivateballot.com).

What can you do?

First of all, educate yourself about the "Employee Free Choice Act". Get involved - contact your U.S. Senator to see how they stand on protecting your right to vote for yourself.

And, most importantly, protect your signature. Don't take union authorization cards lightly - they are serious business. If you don't know the facts or your rights, don't sign.

Learn 'How the Employee Free Choice Act Takes Away Workers' Rights' in an article by James Sherk and Paul Kersey, published by The Heritage Foundation.

Click here for the complete article (3.80 MB)

Key points:

• Card-check organizing strips workers of their right to secret-ballot elections. By making workers' union preferences public, it would expose them to harassment and coercion.

• In card-check campaigns, unions pressure workers to sign union cards immediately without hearing the other side. These cards do no reflect workers' true preference.

• Workers disagree with the unions that claim to speak for them. Fully 71% of union members believe that secret-ballot elections are fair.