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Employee Free Choice Act
The Board of Directors of the Rogers-Lowell Area Chamber of Commerce has taken a strong stand against a piece of legislation that was introduced in the U.S. Congress on March 10. The Employee Free Choice Act (EFCA), also known as Card Check legislation, is a proposed federal law supported by organized labor that would enable unions to invade small businesses and do away with secret ballot elections for workers during organizing campaigns.
According to Arkansans for the Secret Ballot, SB560 and H-1409 include several elements opposed by employers and workers that change current law by:
- Eliminating the employees ability to vote in a secret ballot election about whether a union will represent them or not.
- Substituting a “card-check” process where unions can get cards signed at work, at an employee’s home or online.
- Certifying a union if over 50 percent of workers sign card checks, without a secret ballot election.
- Denying employer’s rights to refuse unfavorable proposals during collective bargaining negotiations.
The U.S. Chamber of Commerce believes small businesses such as restaurants, motels, retail stores and banks would be prime targets for unionization.
If you aren’t sure how Card Check can affect you, either as an employee or an employer, just imagine this scenario . . .
Joe is the owner of a small business, Joe’s Widget Factory, which employs 10. After the passage of the Employee Free Choice Act (EFCA or “Card Check”), executives from the Union of United Widget Workers (UUWW) approached some of Joe’s workers while they were at lunch. The union representatives asked them to sign authorization cards to set up a union at Joe’s Widget Factory. While most of employees signed the cards quickly with union organizers watching, the UUWW leaders visited several employees at their homes in order to secure the necessary signatures.
The UUWW succeeded in getting more than 50 percent of the workers at Joe’s Widget Factory to sign authorization cards. Under EFCA, that means the UUWW is automatically recognized as the exclusive bargaining representative, without any vote, for all employees of Joe’s Widget Factory - including the office workers who never signed a card.
Joe never knew what hit him. Not only was the union organized without his knowledge, he now has to begin collective bargaining with the newly-formed union within 10 days. If he can’t negotiate a contract within 120 days, a federal arbitration panel will make binding decisions that impact Joe’s business and his employees.
Some of Joe’s employees didn’t even have a chance to vote for the union, and now they will be stuck with a contract they may not like, without any say in their pay, benefits and working conditions.
Under EFCA, not only does Joe have to deal with the union, a government-imposed union contract, the loss of his free-speech rights and increased damages, but his employees were deprived of the right to vote, and they lost their right to negotiate individually with their employer. They were intimidated and harassed at work and during their free time into signing the authorization card in front of union representatives. They are now bound by the provisions of a union contract and the union is their exclusive representative for purposes of dealing with Joe on their terms and conditions of employment, whether they signed the card or not.
The story illustrates the main concerns about the EFCA: (1) workers would lose the protection of a secret ballot election in union organizing drives; (2) employees can be harassed and intimidated into signing the union card; (3) an arbitrator who knows nothing about the business may end up setting all contract terms if no agreement is reached between the business and workers; and (4) employers could face increased fines for communicating with workers about unionization as an unfair labor practice.
What can you do? Heed the call to action and contact your legislators.
To learn more about how the Employee Free Choice Act will affect you, visit the U.S. Chamber of Commerce web site, www.uschamber.com/wfi. Arkansans for the Secret Ballot also has news and information on Card Check at www.yoursecretballot.com.
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