Wednesday, February 18, 2009
Urge Your Legislators to Oppose the Employee Free Choice Act
Contact your U.S. Senators and Representative today and urge them to oppose the misnamed “Employee Free Choice Act“ (EFCA). This legislation effectively eliminates the use of secret ballots in union organizing efforts and replaces it with a “card check system.” Although this legislation was narrowly defeated last year, it is expected to be re-introduced and considered early this summer.
Earlier this week, J. Michael McGuire, an Attorney with Shawe & Rosenthal LLP briefed the Maryland Chamber’s Legislative Committee about EFCA. You can read his full memo to the committee here.
McGuire focused his attention of three key provisions of the proposal:
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.
One-Sided Penalty Expansion: EFCA imposes dramatic new penalties on employers for violations of the National Labor Relations Act, but not a single new penalty on unions or labor organizers.
The Maryland Chamber encourages you to contact your U.S. Senators and Representative and urge them to oppose EFCA. Click here to take action. A sample letter is available. Action can be taken in minutes.
Would EFCA impact your business? We are seeking member anecdotal statements from member businesses to share with Senators Barbara Mikulski and Ben Cardin. If the EFCA would have a negative impact on your business, let us know how. Contact Maryland Chamber Vice President of Government Affairs Allyson Black at .(JavaScript must be enabled to view this email address).
