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Monthly Insights

November 2009

Is It Free Choice?

How does the proposed US legislative bill ‘The Employee Free Choice Act’ (EFCA) (H.R.1409, S.560) affect companies and employees?  Although the words ‘Free Choice’ appear in the title, it appears the Act may deprive workers of a fundamental democratic right – the right to vote.  When publically signed cards are collected from a majority of workers, all workers must join the union without a private ballot vote.

The private ballot vote has protected the rights of employees and employers to bargain freely; it also protects employees from either side exerting pressure before and after an election.  A public polling could be intimidating from either perspective.  However, the pending legislation appears to weigh employer threats as a far greater injustice than union threats.  While the current Act significantly increases penalties for unfair labor practices committed by employers during organizing drives, it does not increase penalties for unfair labor practices committed by unions against either workers or businesses.

Currently, unionized workers who are unsatisfied with an employment contract can vote it down; in addition, they have the right to strike or refrain from striking. With the new Act’s binding arbitration clause, the worker’s voice quickly becomes moot and the unions become less accountable.  This Act requires the immediate attention of both management and labor.

Take the time to learn more…
check out the U. S. Chamber of Commerce site:
http://www.uschamber.com/issues/index/labor/cardchecksecrbal.htm