Employee Free Choice Act

The Employee Free Choice Act is an important piece of legislation having far reaching impact on our economy coming before Congress. So much information is available about the bill and virtually all of it is biased from the perspective of either the employer or the labor organizations, that it makes something pretty simple appear to be very complex. This post will attempt to serve as a gatekeeper to lead you to information about the bill. I have made a decision but it is up to you to study the information and make your own decision on the merits of the EFCA. I would have to agree that there is little in life that is absolutely black and white and two rationale people can look at the same facts and draw different conclusions.

Where can I read the actual language of the bill?

1. http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.800:

Can you give a synopsis of the bill?
Those generally opposed to the bill, for example The Heritage Organization say:

1. It requires the National Labor Relations Board to certify a union after a majority of the employees in a recognized group having common interests (a bargaining unit) has signed union authorization cards. This provision will effectively put an end to almost all organizing elections.
2. It requires companies and newly certified unions to enter binding arbitration if they cannot reach agreement on an initial contract. Neither companies nor employees could appeal the arbitrator's ruling, and the contract would last for two years.
3. It dramatically increases the penalties for unfair labor practices committed by employers, but not unions, during an organiz­ing drive

Those supporting the bill, for example the AFL - CIO say:

It would restore worker's freedom to choose a union by:

1. Establshing stronger penalties for violation of employee rights when workers seek to form a union and during first contract negotiations
2. Providing mediation and arbitration for first contract disputes
3. Allowing employees to form unions by signing cards authorizing union representation

Where can I learn more about the bill?

Congresspedia http://www.sourcewatch.org/index.php?title=Employee_Free_Choice_Act

What potential impacts does the bill have on our economy?

1. Institute for America's Future http://www.ourfuture.org/files/z_historic/EFCA/UnitedStatesofAmerica.pdf
2. Agenda for Shared Prosperity http://www.sharedprosperity.org/bp181.html
3. Kilpatrick and Stockton LLP http://efcaupdate.squarespace.com/

Why are people for the bill?

1. The AFL - CIO http://www.aflcio.org/joinaunion/voiceatwork/efca/
2. American Rights at Work http://www.americanrightsatwork.org/employee-free-choice-act/home-102/

Why are people against the bill?

1. The Heritage Foundation http://www.heritage.org/research/Labor/bg2027.cfm
2. Union Facts.com http://www.unionfacts.com/articles/cardCheck.cfm
3. National Right to Work http://www.nrtw.org/rtws.htm

Mike's thinking:

We should encourage our elected representives to oppose the EFCA and we should have a bias ( I say a bias because I don't believe in single issue voting) to oppose the election of supporters of the EFCA for the following reasons.

1. It will represent a major step backwards in labor relations. Labor and management now play on a balanced field that both parties understand. Labor unions are no longer able to organize because they made a strategic decision to move from obtaining improved working conditions through collective action to legislative action. Unions and politicans got in bed with one another for money. Unions had the money collected from members' dues and wanted to exchange it for power. Politicans wanted the money to maintain their positions; therefore, legislation like the Fair Labor Standards Act, Occupational Safety and Health Act, Employment Retirement Income Security Act, Family Medical Leave Act, Equal Employment Act, etc. The result is that labor has obtained 'benefits' that previously could only be gained from collective action. Now employees have all the benefits of union representation except they don't pay union dues. Unions can't organize workers because they have very little to offer. And the resulting cost is that all of us pay union dues in the form of taxes.
2. One of the most likely outcomes of passage of the EFCA will be increased labor strife and violence as people are intimidated into signing union authorization cards. It is easy to find multiple references to union violence and intimidation during card signing campaigns and representation elections. http://www.unionfacts.com/articles/laborPractices.cfm
3. In my opinion, there is no way to reconcile taking away the basic American principles of secret ballot elections and majority rule to select our representatives with the provisions of the EFCA.
4. Introducing the government into the determination of labor contracts through mediation and arbitration is in direct violation of a fair market system.