Employee Free Choice Act

The Employee Free Choice Act (EFCA) is a legislative bill that proposes to amend the National Labor Relations Act in order to make it easier for men and women to join a union in their workplace. If passed, it would toughen penalties against employers who violate their workers' rights, help employees secure a contract with their employer in a reasonable period of time, and give workers a fair and direct path to form a union in their workplace through majority sign-up. Research shows nearly 60 million workers would form a union tomorrow if given the chance. The EFCA would allow employees to make their own decision about whether they want to bargain together for fairer wages, benefits and working conditions, without the threat of harassment and retribution or the fear of losing their jobs.

President Barack Obama was an original co-sponsor of the Employee Free Choice Act and supports the bill. On March 10, 2009, the bill was introduced in the 111th Congress, by Senator Ten Kennedy of Massachusetts and Representative George Miller of California. According to the AFL-CIO, 73 percent of the public support the Employee Free Choice Act and numerous respected religious, academic and business people and organizations have signed on in support.

Stronger Penalties for Employers

The EFCA proposes to increase penalties against employers who illegally fire or retaliate against pro-union workers during an organizing campaign or an effort to obtain a first contract. It would require the National Labor Relations Board (NLRB) to seek a federal court injunction against an employer if, at any time during an organizing or first contract drive, the employer:

• Discharged or discriminated against employees
• Threatened to discharge or discriminate against employees
• Engaged in conduct that significantly interfered with employee rights

Currently, such federal court injunctions are required only for violations by unions, not for unlawful acts committed by employers in violation of workers' rights. Proponents of the EFCA also state that the current monetary penalties employers face for violating workers' rights are too minimal to deter illegal actions. Currently, employers who illegally fire workers for union activity are only required to pay back wages minus what the worker has earned in the meantime. The Employee Free Choice Act increases the monetary penalty for illegal discrimination against employees for union activity to three times the amount of back pay.

Finally, the bill would provide for civil fines of up to $20,000 per violation against employers found to have violated employees' rights during organizing efforts or when employees are seeking to negotiate a first contract. These violations include:

• Threatening to close the workplace if the employees form a union
• Spying on employees who support forming a union
• Prohibiting employees from wearing union buttons

Mediation & Arbitration

Under current law, employers often drag workers through lengthy negotiations by delaying bargaining sessions, withholding relevant information, and putting forth bogus proposals. The Employee Free Choice Act would help ensure that workers and employers reach a first contract within a reasonable period of time by allowing either party to request mediation. EFCA supporters believe that mediation and arbitration rules will encourage management and employees’ unions to bargain productively on their own.

The bill provides that if an employer and a union are unable to reach agreement on contract terms within 90 days, either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation. If the FMCS is unable to bring the parties to agreement after providing mediation services for 30 days, the dispute will be referred to arbitration. The results of the arbitration will be binding on both parties for two years.

Majority Sign Up

The Employee Free Choice Act would require an employer to recognize its employees' union when a majority has signed union authorization cards. The current laws allow employers to refuse to recognize a union even when 100 percent of employees have signed authorization cards. Employers can insist on an election process that enables them to take advantage of weak labor laws and intimidate their employees out of supporting a union.

Under the EFCA, if a majority of workers sign cards voting for a union and those cards are validated by the NLRB, the agency will certify the workers as a union. Then, the employer will be legally required to recognize the workers’ union and bargain with them. This will help level the playing field and offers workers a fair and direct path to form unions.