Yesterday, the EFCA was introduced in Congress following months of speculation. As MPI has been reporting, this legislation would dramatically change federal labor law by amending the National Labor Relations Act (NLRA) to allow unions to use “card check” in an attempt to organize employees.
Since 1935, American workers have been able to decide whether or not they wish to form or join a union in the privacy of a voting booth through a federally supervised secret ballot election conducted by the National Labor Relations Board (NLRB). It now appears that this right may be taken away! Under the proposed legislation, unions can bypass the election process after collecting signatures on union authorization cards from a majority of employees. Thus, the term “card check” where the NLRB checks the number of cards and if 50% plus one of the employees have signed, then the employer must recognize the union and begin the collective bargaining process.
In addition to “card check,” other provisions of the proposed legislation include the following:
- Binding arbitration and forced contracts if the employer and union are unable to reach an agreement within 120 days.
- Tougher penalties, including fines, against employers for unfair labor practices.
Are you prepared for EFCA? Make sure that your management team understands what this bill will require of employers and how this bill will affect your business. We also recommend that you assess your vulnerability to unionization and learn which managerial practices and processes you can implement to give you and your team the best chance of remaining union free.