Ohio Manufacturers Association : The Employee Free Choice Act
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Employee Newsletter Article

In the midst of the incredibly difficult economic conditions, one issue looming ominously on the federal legislative horizon is the Employee Free Choice Act (EFCA), commonly known as “card check.” EFCA represents a fundamental change in the relationship between employers and employees – a change that takes away employees’ rights and leaves employers in the dark.

Under current law, a union must collect signed “authorization cards” from 30% of workers in order to call for an election. Signing an authorization card means you are interested in possibly joining a union; however, the card is not a contract, nor is it your vote. If you sign the card, you still will have an opportunity to cast your vote for or against the union privately, in a secret-ballot election.

Under card check, that all changes. If a simple majority (50% plus one) of workers sign authorization cards, the union will be recognized as the official representative of all workers. The cards serve as the only “ballots” – there is no election and no private vote.  And because the union won’t be required to speak to every worker, your unit could be organized without you ever getting a chance to weigh in on the matter.

Card check was first presented to Congress in 2007, where it passed through the House of Representatives easily but failed in the Senate. Since then, however, the political landscape has drastically changed, and it is likely that card check will quickly make its way to the Oval Office.  Once there, President Obama has promised to make it “the law of the land.”

“The Employee Free Choice Act is unfair to both employees and employers,” says Eric Burkland, president of The Ohio Manufacturers’ Association (OMA).  “It denies employees their fundamental right to a private vote and allows the government to enforce binding contracts on employers.”

Under card check, if an employer and a union do not reach an agreement within 120 days of the initial request for collective bargaining, a government-appointed arbitrator can impose a binding contract that would determine wages, benefits and work rules for a period of two years. Neither workers nor employers would have the opportunity to reject the contract if they did not like the terms.

What’s most troubling about EFCA, though, is that it potentially opens employees to coercion by taking away the secret-ballot union election. Union representatives could approach workers to sign authorization cards anywhere, including in the parking lot at work or even at their homes. Because the authorization cards essentially would be public ballots, workers may feel pressure to sign them because of intimidation by union members or even coworkers.

The decision to join a union is a personal one that should be made by a worker and his or her family. Card check makes that decision public and takes it away completely for some workers.

You can find additional information resources at
www.WeAreManufacturers.com.

If you’re concerned about card check’s potential impact on you, your family or your job, now is the time to take action. Speak with your supervisor or visit http://cardcheck.ohiomfg.com/what-you-can-do/tips-for-making-your-voice-heard to learn how to make your voice heard.