The Employee Free Choice Act, also referred to as EFCA or the Card Check Bill, has the potential to greatly change your business.
EFCA is one of organized labor’s top issues to pass in the upcoming Congressional session. It would strip away the right of 140 million U.S. workers to a federally supervised private ballot election when deciding whether or not to unionize. Passing it is a top priority for both organized labor and the Obama administration.
Under the current system, union elections are administered by the National Labor Relations Board. Workers use a private, secret ballot that lets them vote anonymously, without fear of intimidation from either the employees or the union.
EFCA would initiate a “card check” process, where union organizers would only have to gather signed authorization cards from a majority of the workers to claim union representation. Without the private ballot, workers who were intimidated orcoerced into signing authorization cards would not have the ability to change their vote in private. The workers’ votes are made public to the employer, union organizers and coworkers.
The “card check” system was used for union organizing during the1930’s and 1940’s. In response to the widespread intimidation of workers, Congress amended the National Labor Relations Act in 1947 and expressly provided that workers be given the right to a private ballot election. “Card check” would essentially turn back the clock 60 years to a failed system.
Other than eliminating the secret ballot election in union organizing, the EFCA proposal has two other signifi cant aspects. Under the current system, if the employees of a company are considering unionization, you have to practice “good faith bargaining” between the business and the union. You can eventually bargain to an impasse, which means the business doesn’t unionize.
Under EFCA, your company would get 90 days to bargain. After that time period, the federal government will appoint an arbitrator who will find a solution, for better or worse.
This bill would also increase the cost of unfair labor practice lawsuits, as well as increase the timeframe to file a lawsuit from the beginning of the bargaining process through the 90-day campaign.
So what can you do to help stop this costly measure? First of all, check your mail. You should have received an EFCA “tool kit” from ABC. Inside are resources that can further educate you on the bill, resources for employees, sample letters to editors and legislators, and more.
You can also visit
www.myprivateballot.com. There are resources for contacting your representatives in Washington DC, sample letters to editors, fact sheets, FAQ’s and more. ABC also has posters you can display in your office or jobsite, as well as paycheck stuffers and other materials. If you would like any of these items, or for more information on EFCA, please contact Director of Government Affairs
Aran Buchan, (425) 646-8000 or (800) 640-7789.