The Employee Free Choice Act (EFCA) is the worst potential change in labor law in nearly a century. After spending $250 million to elect like-minded legislators, powerful union bosses now believe that they have a "once in a lifetime" opportunity to help reverse declining union membership.
The EFCA has four primary points that will negatively impact employers in Illinois and across the United States.
- EFCA eliminates the right of employees to make a decision on unionization in a private ballot election. Under the new law, the National Labor Relations Board will no longer oversee a private election whereby employees can cast a ballot in privacy without union intimidation. Instead, unions will automatically be created when 50 percent plus one of employees either sign a card or petition.
- EFCA requires binding arbitration on a first contract between the union and employer if no agreement has been reached within 120 days. This Washington D.C.-based arbitrator will make binding decisions regarding employee pay, health care, vacation policy, and other personnel matters.
- EFCA increases penalties on employers who violate the Act by tripling backpay for the discharge of union supporters during organizing and creating fines of up to $20,000 for repetitive violations.
- EFCA does not limit either the size or scope of employers who may be the subject of unionization. "Targets" for unions could include manufacturers, retailers, health care, service companies, insurance, or any other employer. Secondly, the law seemingly allows for "sub-sector" unions meaning that a union could try and unionize the "secretarial pool" or "engineering division" of a company.
To learn more and find out how you can help fight "Card Check" click on any of the following:
Questions? Please call Mark Denzler at 800-875-4462, ext 3008 or email Mark at
mdenzler@ima-net.org.
