Congress Pushing Overhaul Of Union Organizing Law

http://www.mondaq.com/article.asp?articleid=57364

2 February 2008
Article by Kenneth Gilberg

Much has been written in the news of late about the declining membership of labor unions in the United States. Unions and other pro labor organizations had hoped that the Employee Free Choice Act ("EFCA"), which had passed the U.S. House of Representatives with a 241 to 185 majority, would also be passed by the Senate. It missed passage by only nine votes. Senator Edward M. Kennedy (D-Mass) had originally proposed such legislation in 2003 and again in 2005 and he has stated he will continue to propose the EFCA until it becomes law.

Employee Free Choice Act

Unions have already stepped up their efforts to increase union membership and if the EFCA had passed it would have made union organizing much easier. Under the EFCA, instead of a National Labor Relations Board (NLRB) supervised secret ballot election, employers would have to recognize a union when a majority of the company’s employees in a representative unit signed union authorization cards. If a union was certified through a card check by the NLRB, then the employer and the union would have to begin bargaining within 10 days. If a contract was not reached in 90 days, either party could request assistance from the Federal Mediation and Conciliation Service. If a contract was not reached within 30 days after that, the matter could be referred to binding arbitration and the results of the binding arbitration would be a two-year collective bargaining agreement. In effect, the EFCA would virtually end 70 years of NLRB supervised secret ballot elections and the right to bargain to impasse, and subject an employer to terms imposed by an arbitration panel. To discourage anti-union conduct, the EFCA imposes significant remedies for violations of the National Labor Relations Act.

Union Organizing Activities

Unions have earmarked millions of dollars for union organizing and are recruiting passionate individuals as organizers. New methods and ideas to organize workers, such as the internet and advertising, are being utilized in conjunction with political alliances. Unions recognize their survival is at stake and they are committed to return to power.

How Can Companies Prepare Now?

For many individuals and employers support for or against a union is a personal choice. Currently, the Senators from Pennsylvania, New Jersey, and Delaware all support the EFCA. Companies should consider talking to a congressional representative about their position on the EFCA and lending support to the various community and trade groups that advocate the company’s point of view.

Pro-Active Labor Relations

Regardless of whether legislation makes it easier for a union to organize employees, it is evident that unions are aggressively trying new methods and ideas to organize workers. Employers who desire to remain union free should not wait and hope the EFCA does not pass the next time.

FULL story at link.

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