Tuesday, March 10, 2009
Card Check Bill Introduced Today
The Maryland Chamber of Commerce opposes the misnamed Employee Free Choice Act of 2009 (EFCA). This legislation, which was introduced today in the U.S. Congress Congress (H.R.1409 and S.560), would effectively eliminate the use of secret ballots in union organizing efforts and replace it with a “card check system.” Here is a summary from our friends at Shawe Rosenthal LLP.
The Maryland Chamber opposes this bill for three reasons:
Card Check: Currently, the most common method for determining whether or not employees want a union to represent them is a secret ballot election overseen by the National Labor Relations Board (NLRB). The NLRB provides detailed procedures that ensure a fair election, free of fraud, where employees may cast their vote confidentially without peer pressure or coercion from unions or employers. EFCA would replace this process with a process called “card check,” where a union is recognized in a workplace if a majority of workers sign a card in the presence of union organizers and fellow employees who support unionization.
Binding Arbitration: Currently, employers and unions are free to bargain as they please, without any legal obligation to reach agreement, so long as they both act in good faith. EFCA would also impose contract terms on private, unionized employers through compulsory, binding arbitration if the employer and a newly certified union are unable to reach a first contract within a specified amount of time. This would limit the employer’s bargaining power and cost management critical leverage the negotiating the initial contract with the newly-formed union.
Harsh, One-Sided Penalties: Card Check would impose harsh new penalties on businesses—but not on unions—for violations during the union recognition process. This is unfair, and potentially disastrous for small or medium businesses, who are not familiar with unionizing campaigns or the National Labor Relations Act. If Card Check passes, many of these businesses would be facing unionization for the first time.
We encourage you to contact your Senators and Representative and encourage them to oppose this legislation. You can do so by joining the U.S. Chamber’s virtual march on Washington to oppose the legislation.
You can stay up to date on EFCA developments and view a number of useful resources by visiting our EFCA Issue Page.
