The Employee Free Choice Act: What Every Employer Needs to Know

1
The Employee Free Choice Act What Every
Employer Needs to Know

• Frederick C. Miner

2
NLRB Board Member Wilma Liebman stated on 10/2/08
that events of the last few months make it
fairly clear that the perfect storm exists for
changes to be made to the nations labor laws.
Elements creating this perfect stormrecord
wage inequalitylowest union density evereroding
health and retirement benefitsrising immigration
The Perfect Storm

• Events of the last few months make it fairly
  clear that the perfect storm exists for changes
  to the nations labor laws. NLRB Board Member
  Wilma Liebman 10/2/08.
• Elements creating this perfect storm
• record wage inequality
• lowest union density ever
• eroding health and retirement benefits
• rising immigration
• significant economic uncertainty

3
(No Transcript)
4
The National Labor Relations ActWhere We Stand
Today
5
NLRA Basics

• Established National Labor Relations Board
  (NLRB), which administers and enforces the NLRA
• Protects employees who want to be represented by
  a union as well as those who dont

6
NLRA Basics

• Creates procedures for employees to decide
  whether they want to be represented by a union
• Secret ballot election
• Voluntary card check

7
Secret Ballot Election

• Before filing a representation petition with the
  NLRB requesting a secret ballot election, the
  union must establish
• A showing of interest signed authorization
  cards from 30 or more of the employees in the
  potential bargaining unit

8
Secret Ballot Election

• Following the petition, the NLRB requires
  laboratory conditions to be observed.
• Employees are informed about the advantages and
  disadvantages of union representation.

9
Secret Ballot Election

• NLRB holds a secret-ballot election, and union
  representation is determined by majority of votes
  cast
• If majority vote for union, NLRB will certify
  union as exclusive bargaining representative of
  all employees in bargaining unit
• If majority does not vote for union, no union and
  no election for one year

10
Secret Ballot Election

• Employees have had right to a secret ballot
  election for 70 years
• Secret ballot allows employees to express true
  position on whether or not to unionize
• Some employees sign authorization cards to get
  union organizers off their back or because asked
  by a friend, wholly intending to vote against
  union when in private voting booth

11
(No Transcript)
12
Voluntary Card Check

• A union may be recognized if a majority of
  employees sign valid authorization cards and the
  employer voluntarily recognizes the union
• Employers cannot currently be forced into
  recognizing the union based on a card check
  unless they commit unfair labor practices that
  prevent a fair election
• Some do it anyway for business reasons
• Inevitability of unionization
• Bargaining leverage
• Pressure from corporate campaigns

13
The Employee Free Choice Act of 2007What Could
Be Next
14
Legislative Status of EFCA

• Passed the House of Representatives on March 1,
  2007
• Failed to cut-off debate in Senate (filibuster)
  (51-48)
• Some form of EFCA a certainty with new Democratic
  Congress and Obama Administration

15
Noteworthy Provisions of the EFCA

• Card check authorization replaces secret ballot
  elections
• Mandatory mediation and binding interest
  arbitration
• Enhanced penalties and expanded grounds for
  injunctions

16
Card Check Authorization

• NLRB secret-ballot election is replaced with card
  check authorization
• If the Board finds that a majority of employees
  signed valid authorization cards for the union,
  it automatically certifies the union WITHOUT a
  secret ballot election!!

17
Why is Card Check Authorization Dangerous?
18
Card Check

• Far easier to obtain cards than win an election
• Potential organization by misinformation,
  intimidation and coercion
• No opportunity to hear the other side of the
  story
• Never ending campaign

19
Employees Lose Right to Make a Free Choice

20
Mandatory Mediation And Binding Interest
Arbitration