Lebanon County Democrat Examiner: The Employee Free Choice Act will help workers

[Omaha Steve]

http://www.examiner.com/x-11663-Lebanon-County-Democrat...

May 26, 7:24 AM

The Employee Free Choice Act (EFCA ) is a bill that was introduced into Congress by Senator Ted Kennedy (D-MA) and Representative George Miller (D-CA) on March 10, 2009. The intended goal of the EFCA is to eliminate the veto power employers hold over the card-signing method of obtaining majority votes needed to organize a union. The right of employers to call for a private ballot vote was established with the 1947 Taft-Hartley Act. Therefore, under current law, the only way for a union to obtain certification from the National Labor Relations Board (NLRB) as a representative unit of employees is to hold a secret-ballot election supervised by a NLRB agent. The results of the election determine whether or not a majority of those voting certify the union. A union could be certified if the organizing employees present signed authorization cards from a majority of the employees, but only with the approval of the employer.

Since March, at organized public events in Pittsburgh, Steeltown, Johnstown, Allentown, Scranton, and Philadelphia, working families have gathered to talk about the importance of passing the EFCA in this tough economic climate. They described the harassment workers currently experience when they try to form unions and advocate for fixing the broken system. In Pennsylvania, a study by the Center for Economic and Policy Research (CEPR) found that even though unionization has been historically affiliated with the manufacturing sector, more than 77% of the workforce is in service-sector jobs, and the unionization rate in those jobs is 14.7%. Efforts to unionize service sector employees would increase access to health insurance and raise salaries. Also, James Testerman, president of the Pennsylvania State Education Association (PSEA), claims the EFCA would give the right to unionize to nearly 200,000 teachers, support staff, and nurses.

While businesses maintain that employers will be forced into paying expensive collective bargaining costs with the formation of newly empowered additional unions, EFCA proponents claim that the added job protections will level the playing field in an economy where growth and wealth go to a select few individuals and families. EFCA does not eliminate the secret ballot or the NLRB election process. In essence, it supplies employees with the choice of forming a union via an election or by majority sign-up (card check). President Barack Obama, who was strongly supported by unions during his campaign, has indicated that he would sign the legislation if it was passed by Congress.

In addition to protecting the right of workers to obtain a representative unit, labor unions would also gain considerable leverage in the collective bargaining process. The EFCA stipulates that once a union is certified, the EFCA would require the employer to commence bargaining with the union within 10 days of a union request and, if no agreement is reached within 90 days of the commencement of negotiations, either party may request that the Federal Mediation and Conciliation Service (FMCS) mediate the parties. If employers and the union fail to reach terms of a first contract within another 30 days, a government-appointed arbitrator could be empowered to set contractual terms of bargaining.

The EFCA also significantly increases penalties against employers found committing unfair labor practices (ULP) against efforts to organize unions or in violation of negotiations for initial contracts. It provides back pay to those employees who are unlawfully discharged as a result of organizing efforts or in association with legal union activities. In addition, it gives mandatory relief in a proceeding by the NLRB in determining if a ULP occurred during the union’s organizing efforts or negotiations with employers.

Author: Chris Dolan
Chris Dolan is an Examiner from Allentown. You can see Chris's articles on Chris's Home Page.

[vadawg]

1. sorry dont like the idea of a government beaurocrat imposing a solution

kinda takes away the compromise thing between the employer and employees if either side know the way the government has been imposing solutions in the past.

[w4rma]

2. You mean it kinda helps take away the ability for the employer to bully the employees into accepting

whatever agreement they employer puts forth?

There isn't currently any compromise going on.

[vadawg]

3. yeah so really what you want is the government being able to impose whatever it wants regardless

you do realise that governments change, what looks good today can change tomorrow. I dont see why one side should compromise if they know that whatever they want is going to be imposed by the government no matter what.

[w4rma]

4. As I said, the only side compromising now are regular working Americans. (nt)