By D. M. Ross

The AFL-CIO and other supporters of unions support a bill, the Employee Free Choice Act (EFCA), which would radically change laws regulating the establishment of union representation in non-union workplaces. Current labor law provides for a process where the union begins the process by asking employees to desire union representation to sign cards, which is followed by a campaign period where both sides make their case for and against the union. And then the final step of the process is a secret ballot election to decide if the workplace will elect union representation. The change proposed in the Employee Free Choice Act would essentially eliminate the latter two steps and certify a union if 50 percent plus one more employee sign the cards. If enacted, the legislation would effectively deny employees the right to decide the union or no union issue via the security of a secret ballot.

“It would be the most enormous change in labor law since 1935, and would have disastrous impact on most employers. It means the legislation would take away the fundamental right to vote from employees who are deciding whether or not they want to be represented by a union,” said Donald P. Wilson, CEO of Labor Relations Institute.

The EFCA would require only the signing of cards by employees, if enough sign them to enable the unionizing of a previously non-union workplace.

The secret ballot “has been the cornerstone of the way employees make the decision…this first provision takes away that right to vote, and now under the new act, employees who sign cards in effect vote for the union. Fifty percent plus one card, the union is certified,” said Wilson.

“The bill (H.R. 800) also aims to revoke the ability for states to adopt a right-to-work state status. “Right to Work” states allow for labor unions to be formed, however where a labor union or collective bargaining unit is in place at an employer, joining the union can not be made compulsory or a mandatory condition of employment,” according to en entry on Wikipedia regarding EFCA.

Also from the Wikipedia entry, “On March 1, 2007, the House of Representatives passed the act by a vote of 241 to 185. The Senate on June 26, 2007 voted 51 to 48 on a motion to invoke cloture on the motion to proceed to consider the bill. Because 60 votes were needed to invoke cloture, the bill is unlikely to pass during the 110th United States Congress.”

The legislation itself says, “if the [National Labor Relations] Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations…the Board shall not direct an election but shall certify the individual or labor organization.”

A Heritage Foundation Report by James Sherk and Paul Kersey (Backgrounder #2027) on this legislation points out, “H.R. 800 would dramatically increase the penalties for unfair labor practices committed by employers, but not unions, during an organizing drive.”

The Report also noted, “A private vote is more than a fundamental democratic right; it also protects workers and ensures that they can express their true views. An election ensures that workers can hear both sides, have time for reflection, and then vote their conscience without pressure or fear of retaliation. These safeguards disappear when workers must organize by publicly signing a card. Card checks fail to gauge accurately workers’ desire to join a union.”

EFCA passed in the House of Representatives in 2007 and failed to obtain a cloture vote to bring it to a vote in the Senate last year. Democrats are expected to revive the legislation in the next session of Congress and hope Obama or McCain would sign it as president.