Status of the EFCA
The Employee Free Choice Act bills HR 1409 and S. 560 were introduced into both chambers of Congress on Tuesday March 10, 2009. The bills were introduced with very little if any change from the legislative bills previously defeated. The legislation as introduced would the following:
- Eliminate compelled secret ballot elections when a union presents signed authorization cards from a simple majority of employees to the NLRB. The Union would automatically gain recognition and could require bargaining to start as soon as ten ( 10) days after recognition is certified.
- If first contract negotiations do not result in a labor contract within 120 days, the government will appoint a panel of arbitrators to arbitrate a first contract that will be put in place for two (2) years.
- Fines against employers (only) for unfair labor practices are increased to up to $20,000 per incident.
Early debate in the media have both sides focused on the elimination of the compelled secret ballot election for union representation. Under the current law, an election is held when a union presents signed authorization cards reflecting thirty (30%) or more of workers to the NLRB. Unions argue the election process is skewed in favor of the employers. In fact, unions win over 55% of elections held. EFCA would give recognition to a union without the option of a secret ballot if they can present 50% plus one signed authorization cards. Proponents of the legislation adamantly deny opponents’ assertion that EFCA removes the secret ballot election. However at the same time they defend the removal of compelled secret ballot elections as the best way to organize. Opponents of the legislation, comprised of a broad base of employers and employers groups, argue that under EFCA the union would never consent to an election if it does not have to—i.e., if it garners the requisite majority of authorization cards.
Although the bills have now been introduced, they are not expected to be taken up by either house for the next several weeks or even into summer.
Political attention to the Employee Free Choice Act shifted to the U.S. Senate during the last thirty days. House Speaker Pelosi put the EFCA debater squarely on the shoulders the Senate by maintaining the U.S. House would pass this legislation if and when the Senate passes it. Since the House passed this same legislation in 2007 before it failed in the Senate later that year, she saw no reason for the House to pass it again before the Senate did.
In the Senate, the 60 votes that EFCA supporters need to invoke cloture and ensure an up-or-down floor vote on EFCA are falling farther and farther away. Several Senators that previously supported EFCA have withdrawn their support. As of this update, Senators Specter (R-PA), Carper (D-DE), Warner (D-VA), Lincoln (D-AK), Landrau (D-LA), Feinstein (D-CA) and Webb (D-VA) have all backed off from supporting cloture and/or the EFCA. Other Senators are questioning support of EFCA as it currently is proposed.
As noted in a previous update, there continues to be probing by many on whether a compromise bill can be hammered out between both sides. Business and business associations including ASE, hold that there can be no compromise on this onerous, undemocratic piece of legislation. ASE encourages it members to continue to contact their U.S. Representatives and Senators and express their opposition to this bill.
Updated 4.21.09