The Employee Free Choice Act (EFCA) was re-introduced on Tuesday March 10, 2009 in both the United States House of Representatives (H.R. 1409) and the Senate (S. 560).  There is no doubt that EFCA is the most important proposal to improve labor law in over 70 years. This bill is so influential that President Obama has made it abundantly clear he will sign it into law to strengthen and re-establish the working middle class of America.

Under the current labor law system, employers often use a combination of legal and illegal methods to silence employees who attempt to form unions and bargain for better wages and working conditions. Statistically speaking, when faced with organizing drives, 25 percent of employers fire at least one pro-union worker; 51 percent threaten to close a worksite if the union prevails; and, 91 percent force employees to attend one-on-one anti-union meetings with their supervisors.

Current laws and enforcement fail to sufficiently protect workers as they only offer penalties too weak to deter violations. Protecting the right to form unions is about maintaining the American middle class. It’s no coincidence that as union membership numbers fall there are growing numbers of jobs with low pay, poor benefits, and little to no security. More than half of U.S. workers—60 million—say they would join a union right now if they could. Why? They know that coming together to bargain with employers over wages, benefits, and working conditions is the best path to getting ahead. Workers who belong to unions earn 30 percent more than non-union workers, and are 63 percent more likely to have employer-provided health care. Without labor law reform, economic opportunity for America’s working families will continue to erode.

This bill is highly contentious with Companies stockpiling money to put into advertising, marketing and big lobbyist firms to fight EFCA’s passage. To combat these measures keep yourself informed of the actual contents of the bill.

The Gist of the Bill

• If a majority of workers sign valid authorization cards designating a particular union as their exclusive bargaining representative a secret ballot election is not required. This provision does not ban secret elections but gives the employees the choice to either sign authorization cards or hold a secret election.  
• This will prevent coercion, harassment of employee’s selection of union representation and promote free and uncoerced choice.
• After selecting union representation if the first contract is not negotiated within 90 days of the start of bargaining either party can request FMCS mediation. If that mediation is unsuccessful the matter will be referred to an arbitration panel to hear the issues and make a binding decision. (Otherwise referred to as “Interest Arbitration”).
• This will help prevent the Company’s pervasive use of stalling tactics and surface bargaining and reduce the cost, delay, frustration and animosity generated by the current company favored system.
• Increases penalties for Unfair Labor Practices committed by employers during an organizing drive:
• 3 times back pay as liquidated damages for employees discriminated against or discharged during an organizing campaign,
• fines up to $20,000 per violation against employers for repeated violation of an employee’s rights
• Federal Court injunctive relief to stop employer from violating section 7 of the NLRA.

It is vital that you make your voice and opinion known to Congressional leadership. Click here to participate. http://www.teamsterstakeaction.org/campaign/employee_free_choice_clone

Statistics used in this article were taken from the website http://www.americanrightsatwork.org/