Issues
Oppose the Employee Free Choice Act
Position
Last year, the misnamed “Employee Free Choice Act“ (EFCA) was introduced in Congress. The Chamber Action Network opposes this legislation, which would effectively eliminate the use of secret ballots in union organizing efforts and replace it with a “card check system.”
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.
Take Action
Contact your Senators and Representative and urge them to oppose the Employee Free Choice Act. Click here to take action.
EFCA Resources
- Memo from Shawe & Rosenthal LLP (pdf)
J. Michael McGuire from Shawe & Rosenthal LLP briefed the Maryland Chamber's Legislative Committee on the Employee Free Choice Act on Feb. 16. - U.S. Chamber of Commerce: The Employee Free Choice Act - the "Card Check" Bill
- U.S. Chamber: Card Check - Learn the Basics
- National Association of Manufacturers: EFCA Toolkit
- Littler Mendelson’s Employment Law Update EFCA Archives
- UnionFacts.org
From the Blog
- Card Check Bill Introduced Today
- Sen. Mikulski Asks For Examples of How EFCA Would Impact Business
- Chamber meets with Senator Ben Cardin and Senator Barbara Mikulski over EFCA, Stimulus Package
- Oppose the “Employee Free Choice Act”
EFCA News
- Democrats Cut Labor Provision Unions Sought
New York Times - Exclusive: Unions renew battle over union law
POLITICO.com - Executives Lay Out Compromise to 'Card Check' Labor Bill
Washington Post - The Employee Free Choice Bill Battle Is Joined
Washington Post - Union Legislation Drive Begins in Congress
NYTimes.com The Caucus Blog
