Employee Free Choice Act (EFCA)
The Issue:
A top priority of organized labor this year, the so-called Employee Free Choice Act (EFCA), would make it easier for unions to be recognized as collective bargaining representatives in workplaces in the United States. The legislation would replace the current system of federally supervised secret ballots with a simple card check system (which would be triggered if a majority of employees sign a card designating a union as their preferred collective bargaining representative), potentially subjecting workers to intimidation while preventing employers from presenting their views to employees. The legislation, however, would leave intact the secret ballot necessary to end a union’s designation. Many in the business community have announced their strong opposition to the card check legislation, denouncing it as undemocratic. On March 1, 2007, the House approved its version of the EFCA (H.R. 800) by a vote of 241 to 185. The Senate version (S.1041) was introduced on March 29, 2007 by Senator Kennedy (D-MA), and now has 46 co-sponsors, all of which are Democrats.
AAFA on the Issue:
AAFA is opposed to this legislation and has joined a broad industry coalition – the Coalition for a Democratic Workforce – to work this issue. The Coalition has sent a letter to Congress and is now actively meeting with Senators and staff to explain why this legislation is not needed. (See AAFA News Release)
The Latest News:
The Congress ultimately voted to preserve the secret ballot method of voting to form a union.
11.24.08
AAFA and a number of other business groups, as part of the Coalition for a Democratic Workplace (CDW) representing every major industry in , to members of Congress November 20 to oppose the so-called Employee Free Choice Act. This legislation would take away employees’ rights to secret-ballot elections, when the union approaches workers with the option to organize. The card check bill also has an extremely egregious binding arbitration provision that empowers federal bureaucrats to impose a union contract onto a business and its employees in the event the two sides were unable to reach agreement in 120 days.
11.17.08
Unsuccessful legislation from the 110th Congress that seeks to eliminate secret ballot elections when employees vote to join or stay out of a union will see new life next year, due to increased Democratic majorities in Congress and President-elect Barack Obama's outspoken support for the bill. The measure, entitled the Employee Free Choice Act or "Card Check" bill, would replace the current democratic election system for determining whether a shop will have a union with a scheme that would unionize a group of workers simply if a majority signed authorization cards. Previously, these cards were only used to poll workers to see if an election should occur. The AAFA-supported Coalition for a Democratic Workplace will lobby Congress and the Obama Administration to express strong support for 's workers and their right to secret ballot elections.
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