What is the Employee Free Choice Act?

Section by Section

Section I.  Title

Section II.  Streamlining Union Certification

• Amends Section 9(c) of the National Labor Relations Act (NLRA) by adding language that requires an employer, and the National Labor Relations Board (Board), to immediately recognize the results of a card-check campaign
  
• Specifically states that the Board will certify the union as a bargaining representative if a majority of employees have signed authorization cards.

Section III.  Facilitating Initial Collective Bargaining Agreements

• Amends Section 8 of the NLRA by adding the following requirements for initial contract negotiations, following union certification or recognition.
  
• Collective bargaining negotiations must begin within 10 days of union certification
  
• If a collective bargaining agreement has not been reached after a 90-day negotiation period, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS).  If the FMCS cannot bring about an agreement within 30 days of the request for their assistance, the negotiations shall be referred to a Federal arbitration board.
  
• The Federal arbitration board’s decision is binding upon both parties for a period of 2 years.

Section IV.  Strengthening Enforcement

• Charges of unfair labor practices by employers during an organizing drive, or subsequent collective bargaining negotiation, shall be given priority over all other cases considered by the Board and the Board would be required to seek injunctions requiring reinstatement of discharged workers before a hearing is held on the merits.
  
• Increased remedies for unfair labor practices by employers during an organizing drive or until a first contract is reached.
  
• Increases backpay restitution to employees to backpay “and, in addition, two times that amount.” 
  
• $20,000 civil penalty for the employer, per violation.

Basics of Union Card-Check Organizing

What is a card-check campaign?

• Union organizing technique that utilizes signed authorization cards---instead of private ballot elections---to determine support for collective bargaining.

How are card-check campaigns utilized?

• Union organizers convince employees (individually) to sign authorization cards and then present those cards to the employer once a majority of employees have signed.
  
• Currently, federal law only recognizes card-check campaigns if the employer voluntarily agrees to allow the union to use this organizing technique.

Does CURRENT federal law protect workers’ right to organize?

•  YES.  The National Labor Relations Act gives employees the right to join, or not join, a collective bargaining unit.
  
• Employees or a union may petition the federal government for a secret ballot organizing election if at least 30% of employees have signed authorization cards.
  
• These organizing elections are conducted by the National Labor Relations Board (NLRB) in order to prevent unfair labor practices by either side.

How does the Employee Free Choice Act (EFCA) change current law?

• Requires an employer to bargain with a union if a majority of employees sign authorization cards.
  
• Card-check campaigns would become the law and could replace the secret ballot election.

Why is this important to my business?

• The EFCA may strip you of your right to a NLRB-conducted election.
• The election process gives the employer an opportunity to make its case against collective bargaining. 
• Card-check also utilizes authorization card signatures that may be unreliable.
• These signatures may have been obtained under false or misleading pretenses or through coercive tactics.  Your employees could be exposed to abuse and intimidation at the hands of union organizers.
• Card-check allows a union to organize your shop without your knowledge.  For small shops, this means possibly being organized overnight.