EFCA one step closer to becoming law
March 11, 2009 by Sam NarisiPosted in: In this week's e-newsletter, Latest News & Views, Pending Legislation
It’s official: The much-anticipated (and much-feared by many employers) Employee Free Choice Act (EFCA) has been introduced to both houses of Congress.
If passed, the EFCA will increase the power of unions in the workplace. Here’s a rundown of its main provisions:
- Card check authorization – Under the EFCA, unions can be approved as long as more than 50% of employees sign authorization cards. In other words, no more secret ballots — some say that might allow employees to be bullied by union representatives.
- Mandatory arbitration – If a union is certified through a card check, employers will have 10 days to start bargaining with the union. If an agreement isn’t reached in 120 days, the negotiation will be referred to a federal arbitrator who’ll decide any contract issues that still aren’t agreed on — such as pay, benefits, hours, etc. Negotiations often take more than 120 days — therefore, arbitrators will likely have greater influence under the EFCA than they currently do.
- Increased penalties – Currently, employers are only held liable for back pay if they’re found to have unlawfully fired pro-union employees. The EFCA would add liquidated damages up to two times an employee’s back pay, as well as a $20,000 penalty if a court finds a violation was willful or repetitive.
Supporters of the EFCA are confident the bill will be successful.
Last year, the EFCA passed the House, but failed to gather 60 supporters to block the filibuster in the Senate. Some experts say the increased Democrat majority and President Obama’s influence make the bill likely to pass.
We’ll keep you posted.
Tags: Congress, Employee Free Choice Act, unions
March 18th, 2009 at 1:15 pm
This Orwellian piece of legislation takes away the secret ballot for those who may want to form a union. It eliminates free speech by the employer who may want to offer reasons not to form a union. The EFCA takes away two fundamental principles upon which this country was founded. People should be screaming about this. Unions however, see it as an easy way to line their pockets since now they can easily bully employees and face virtually no consequences. Once there are no more businesses because they cannot bear the costs of this legislation, who will Obama and the unions go after next?
March 18th, 2009 at 2:21 pm
Frances: Nobama will continue to go after anything remotely capitalistic or free enterprise. The Annointed One will push his socialistic agenda until the leftists in the democRAT party are happy and America (as we know it) is gone.
March 18th, 2009 at 2:58 pm
Thanks to Obama and his bunch, it sounds like there won’t be anyone paying increased taxes-they will all go broke trying to fund these crazy programs that were bought with donations into the Democratic election funds. I don’t know how small business is suppose to support unions, paid sick leave etc. Oh well, I’ll just get on the Obama bandwagon and live free off the efforts of everyone who is employed!
Big Brother will take care of all of us! Wake up, America!!!
March 18th, 2009 at 5:56 pm
WOW..what a bunch of cry-babies…I’m sure this is the same thing you said about FMLA. I’ll bet you appreciate having it now!
Listen, if you want to keep the union out of your business, offer your employees what a union organized business cant…duh
March 19th, 2009 at 8:19 am
tell the whole truth! the fact is, it doesn’t take away the secret ballot… it takes it away from the emplyer… the workers can decide wether they want a secret ballot or not… thats how the law was written until rep. changed it and let the employer decide… under the nlrb it is the workers right to choose if they want a union not the emplyer… this is the same old conservative lies… tell the whole truth!!!!
March 19th, 2009 at 11:01 am
I can’t say I appreciate having the FMLA now — it’s an administrative nightmare! As far as the whole truth!! How can you say this legislation would not take away the secret ballot when it clearly will!! WIth this legislation a pro-union person can stand over another person and bully them into signing the card — don’t tell me that won’t happen because I know for a fact it will. I currently work in a union environment and hear of this kind of intimidation taking place all the time!! As an employer it is frustrating to witness this and have your hands tied to stop it – because after all unions can do and say anything they want while employers are hamstrung!
The people that need to wake up are the supporters of Obama and the Democratic led Congress! It would be nice if you would wake up before we all find ourselves out of work and in a completely socialist country!!
There is NO WAY our small businesses – or even our large companies – can survive the kind of legislation this administration is pushing through!!!
April 2nd, 2009 at 12:16 pm
its because of dictator business owners like u why there is a nedd for unions!!! if u don’t like it here then leave…
April 2nd, 2009 at 12:29 pm
Ron – you seem like a typical union sympathizer (can’t spell, can’t discern between facts and union propaganda, etc.), a small business owner can be a dictator if he wants – HE OWNS HIS OWN COMPANY. Whose job is it – yours or the company’s. This country was founded somewhat on free, secret balloting – why not in union matters?
In all cases before the Supreme Court and the NLRB up until 2007 it has been ruled that secret balloting is essential to the union organizing process. Unions have been losing members in all areas of the country except in government (are you surprised?) so they have to try the tactics of non-secret balloting to intimidate people to join.
I like what Fred Smith (FED EX President) said about the EFCA. “If it passes, we will not buy $30 Billion worth of airplanes from Boeing.” Now there’s a dictator business owner.
BTW – Ron – get a job from a poor person if you can.
April 2nd, 2009 at 12:32 pm
I am not a business owner — I am an employee who happens to be a manager. As a manager I have to make decisions everyday that impact every employee’s life — thanks to unions sometimes those decisions have to be negative. When unions drive up costs of doing business by demanding more and more wages, benefits, special privileges and rights, organizations fail because they can not possibly afford it – or they send jobs out of the country. Please — unions have long since outlived their usefulness now they are just a bane to society! They had a purpose once, but no more. I am not saying that there haven’t been corrupt executives because we all know there have, but union’s are absolutely no better. I love it here especially when we remember the values on which this country was formed – which is democratic/capitalism/patriotism. If you, on the other hand prefer a socialist society so much, perhaps you should be the one to leave stop forcing it down the throat of those of us who don’t…