Employee Free Choice Act: An HR Professional Analysis

Message to the Representative

This document contains the professional opinion of highly qualified Human Resource professionals on the proposed Employee Free Choice Act. The group has thoroughly reviewed the proposal, evaluating its strengths and weaknesses before preparing this document. This has been done with full recognition that their role is crucial in informing the acceptance or rejection of the act.

Our Position on the Employee Free Choice Act

It is the belief of this organization that employees can progress when they unite in the quest to achieve improved remuneration from their employers. The rising prices of goods and services—food items, household goods, and increased interest rates, among others—have placed an increased burden on many workers without a corresponding increase in wages to meet these additional costs. While workers' salaries have remained stagnant, those of top executives have continued to rise. The Employee Free Choice Act therefore comes as a tool to correct this imbalance. It seeks to remove one-sided barriers that work against unions representing employees and gaining ground through collective bargaining. Through this act, workers have a chance to improve their working conditions and increase compensation (The Employee Free Choice Act, n.d.). Workers will have the freedom to choose which union to join, as well as the opportunity to bargain collectively for better pay. As employers and the broader economy make economic gains, workers will be positioned to benefit as well.

This act has the full support of unions, as it seeks to improve upon the earlier National Labor Relations Act. The Employee Free Choice Act (EFCA) will make it easier for employees to become union members, to organize themselves into a union, and to contribute to the activities of labor organizations. It will also introduce punitive measures against employers who act unfairly toward workers involved in union activities. It is a pro-labor act introduced in 2009, and it introduces three key provisions:

First, where half of the workers in an organization sign cards designating a certain union to represent them, that union will be recognized by the National Labor Relations Board (NLRB). The NLRB will then certify that union as the sole body with the mandate for collective bargaining with company leadership.

Second, the union certified by the NLRB as the exclusive representative of the workers may, after ten days of certification, negotiate a collective bargaining agreement with the organization's executive. Management will be required to meet with the union for this purpose when the union requests it. Should the union and management be unable to reach an agreement after ninety days, federal mediation may be sought, though an agreement may also be reached through arbitration.

Third, where an employee is terminated because of their support for union representation and the NLRB finds the employer guilty, the employee is entitled to three times their salary as compensation. The employer may also be fined when the violation is found to have been committed knowingly. Fines for such statutory violations may reach up to $20,000.

The law currently in force has been seen by HR professionals as an impediment, in many cases, to the rights of workers. When workers have attempted to form unions, they have been subjected to victimizing tactics such as intimidation, harassment, and even termination. Some workers face intimidation through constant threats from their supervisors, and in 25% of private-sector union organizing campaigns, workers involved have been fired (Employee Free Choice Act, n.d.). Additionally, 44% of those who have successfully organized unions have been denied contracts. Workers are therefore in a difficult position: they have the legal right to form unions but lack meaningful protection from their employers' retaliatory tactics.

Strengths of the Act

The Human Resource group supports the adoption of this act, as its members believe workers should have the freedom to organize into unions that can better negotiate their terms. Workers will be able to gain access to suitable employment conditions, valuable retirement plans, an equitable standard of living through fair pay, and health coverage. Workers who are members of unions earn higher pay than those who are not (The Employee Free Choice Act, n.d.). Unionized employees also receive greater health coverage from their employers and are more likely to have guaranteed pension plans. This act will therefore enable workers to negotiate for better pay while also imposing penalties on employers who fail to adhere to established guidelines. Negotiations in good faith and within reasonable timelines are expected under EFCA.

"Card check" rules, when reinforced, will benefit workers primarily by creating an avenue for joining a union without fear of intimidation or job loss. The secret ballot will not be eliminated under EFCA; it may still be used, for example, where more than one-third of employees wish to be represented by a particular union. What will change is that employees—rather than management—will have the authority to call for a secret ballot (The Employee Free Choice Act of 2009). When more than half of employees have signed cards for a given union, a secret ballot will not be required, and the chosen union will receive NLRB certification. This is a significant strength of the EFCA, since under current law an employer can reject a majority-selected union even when all employees have endorsed it.

References

Chris, J. (2015, June 12). Employee Free Choice Act pros and cons. Joseph Chris Partners Executive Recruiting Search Firm. Retrieved February 28, 2016, from

Human Rights Watch. (2009). The Employee Free Choice Act. Retrieved February 28, 2016, from

Shimabukuro, J. (2011, January 12). The Employee Free Choice Act. DigitalCommons@ILR, Cornell University ILR School. Retrieved February 28, 2016, from

The Employee Free Choice Act. (n.d.). The New York Times. Retrieved February 28, 2016, from http://graphics8.nytimes.com/packages/pdf/politics/EFCA_Summary.pdf

White, D. (n.d.). The Employee Free Choice Act of 2009. Liberal and Progressive Politics and Perspectives. Retrieved February 28, 2016, from