Employee Free Choice Act-Background

You should know about this. If you don't, here are the basics:

Definition: The Employee Free Choice Act (EFCA) is legislation proposed to amend the National Labor Relations Act to establish an easier system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes.It is often called the card check legislation because the card check is the key change.

Today if you seek to form a union within a business, the final decision is based on a private vote. In this new legislation, the final decision on the declaration of a union is based on collection of at least 50% of the employees cards. This legislation had a lot of support in 2007 in both congress and the Senate. One of its c0-sponsors was Senator Obama. Another c0-sponsor is now the recommended choice for Secretary of Labor, Hildy Solis.

Other unique aspects of this bill. Once your employees have signed the "cards". Here is what happens:

1. Bargaining for an initial contract with your new union begins within 10 days.
2. Requires mediation by the FMCS if the employer and the union can't come to agreement in 90 days.
3. If you can't agree 30 days later then an arbitrator makes the decisions for you.
4. Increased penalties to employers for Unfair labor practices, etc.
5. Guaranteed union for two years with no challenge to remove union.

Google the Employee Free Choice Act. It has momentum. It has potential. It can become a reality.

Don't care about a union in your sales and service environment, stop reading. Still interested, here is some more for you:

1. Number of employees required to start a union-2
2. Today unions are establishing workplace activists or unpaid work site volunteers
3. Lots of mobilization to move this legislation
4. The new President who said in the campaign he would sign the bill is talking about "negotiation" and that something needs to be done.

Why am I writing about this? What could we possibly have of value in this discussion? The reasons people start unions are as follows:

1. Poor communications and no forum to "complain"
2. Failure to be fair and even handed (Most often from front-line management)
3. Unkept promises
4. Perception of a lack of respect
5. Wages and benefits grossly out of line
6. Lots of people doing the exact same perceived lower paying jobs

We get this.

Maybe you have none of the problems above. Perhaps a union has never entered your minds and there is zero activity you are aware of within your business. This legislation-the mere discussion and negotiation of it will change your world. Get prepared.