EMPLOYEE FREE CHOICE ACT

I pasted the piece of the EFCA that seems to be causing all the commotion with the right wing. It's not that long so perhaps they will finally read the damn thing before blindly following what Limbaugh and the anti Working American, pro outsource American Jobs assholes at the U.S. Chamber of Commerce tell them.





SEC. 2. STREAMLINING UNION CERTIFICATION.

(a) In General- Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following:

(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).

(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include--

(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and

(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.'.







I admit that I do find a flaw in the Act. A simple majority of a shop is not a strong enough commitment to the organization and forming of a Union.
I think a two thirds majority supporting organization makes more sense. Then the Department of Labor comes in and holds the actual election. They are supposed to do this already so don't let the right wingers tell they don't.







An unfortunate thing that makes this Act necessary is the illegal harassment of people that try to organize. Although it is illegal, the Dept. of Labor has been all but absent enforcing the law regarding this. The Act gives more protection to those that are exercising their legal rights to organize.







The Act doesn't order or favor one side during negotiations. It only calls for the parties to bargain in good faith. It allows both sides to call in federal mediators to help facilitate negotiations in case of impasse. I worked with a mediator once. I thought he was a dick. But in fairness, he was a dick to both sides.











As good as this bill is, it still won't have much weight in Right to Work states. Or as they are more accurately called, Right to Scab states. In these states Union membership is optional in Union Shops but employees that refuse membership and to pay dues for the servicing of their contract still enjoy the benefits of the contract. This of course appeals to company suck asses. It also effectively prevents Unions from organizing in these states because they can't collect enough in dues to service members and their contracts.








Most states are "at will" states. That is, an employer can terminate employees without cause unless they are covered under a Union Contract, civil law, or the employee can prove discrimination. Good luck with that. Most Workers would like to be in a Union and enjoy the benefits of working under a collective bargaining agreement. The EFCA levels the playing field with unscrupulous employers like Walmart that use illegal tactics and intimidation to keep employee wages and benefit costs down.









There are many companies that specialize in keeping Unions out. They employ delaying tactics. Intimidation. Propaganda. All kinds of crap. And they are good at it. These jokers could sell crap To an Avon Lady. The Act stops these unethical tactics.



There is no reason to fear Unions. They have fought to make the lives of Working Americans better for generations. Almost every family in America is thankful that a current or past parent or grandparent had a Union job that helped raise and fulfill the American Dream for them. Now as much as ever Union jobs can help continue to secure the American Dream. Business has no reason to fear Unions. All that they are asked is to bargain in good faith if their employees choose. Employers that treat employees with dignity and respect will most likely never even see their Workers organize anyway.




Fair pay, beneifits and job security are what Union membership offers. Dedicated long term employees are what employers enjoy when their workplaces hire Union Labor. It's a win win situation for Labor. Management and America.