Latest version of EFCA lands on Capitol Hill
July 29, 2009 by Jim GiulianoPosted in: Employment law, In this week's e-newsletter, Latest News & Views
It’s b-a-a-a-a-a-a-ck. A “new and improved” — and reworked – Employee Free Choice Act came before Congress.
Almost hidden by larger stories about healthcare reform and the Sotomayor hearings, the EFCA appeared in a new form after several compromises by the White House and Congress.
Several reports indicate the bill’s supporters have agreed to drop the controversial card-check provision. What they want in exchange:
- A provision that mandates no more than a 10-day period between the time a union petitions for a vote and an actual election
- Granting union organizers with equal access to company property
- Banning mandatory employee meetings held by the company
Those provision closely follow what Sen. Arlen Specter (PA-D) asked for in exchange for his support for the bill.
Some of the provisions of the original EFCA bill still live in the newer form, such as:
- Increased penalties for employers who improperly interfere with union activities, including providing triple back pay to employees who are unlawfully discharged or discriminated against while involved in union activities during an organizing campaign or in the period before a first contract
- Civil fines of up to $20,000.00 per violation if an employer is found to have willfully or repeatedly violated employees’ rights during an organizing campaign or while bargaining for a first contract
- Injunction power by the National Labor Relations Board, which would be able to seek injunctive relief in federal court where there is cause to believe that the employer has discharged or discriminated against employees, made threats to discharge or discriminated against, or interfered with employees’ rights to organize or negotiate a first contract
- A beginning of bargaining within 10 days of certification
- When the union and employer are unable to reach a contract within 90 days of the first meeting, either party may notify the Federal Mediation and Conciliation Service and request mediation
- If after thirty 30 days from the request for mediation no agreement has been reached, the FMCS must refer the dispute to an arbitration board which could fashion a collective bargaining agreement.
A vote on the compromise is expected by September.
Tags: EFCA, Employee Free Choice Act, Specter
July 30th, 2009 at 7:58 am
Thank God they got rid of the cards. I never got that. Imagine if we had political “elections” that way.
August 3rd, 2009 at 11:27 am
I work in a union shop. This is getting ridiculous!
August 3rd, 2009 at 12:38 pm
The union organizers are still getting what they want — speeded up process for first contract and stronger penalties for companies who are believed to have interferred with the organizing process. Additionally, per the last draft I saw, the union may gain the right to organize and address employees in the employer’s place of business, but the employer would have no right, or very little time, in which to be able to speak their side of the issues. There don’t seem to be penalties for unions who practice unethical tactics during such campaigns. While restoring the secret ballot is a major win for our Constitutional rights, be wary of wolves in sheep clothing.
August 3rd, 2009 at 12:59 pm
Unions are too strong and it’s getting harder and harder to get the actual work done. They are great guys but they walk around with more power ego than most. The unions are already very strong and I think there should be more rights on the part of the employer who pays their wages and keeps them employed. When they get smart with me I always ask them when is the last time you got a check from the union?
August 4th, 2009 at 10:00 am
If this bill goes through, it will lead to the destruction of the remaining portions of American Manufacturing. The government has enough regulations in place to control workplace conditions, unions had their place many decades ago, but now they just protect those who chose not to work!
August 4th, 2009 at 11:48 am
we definately do not want the 30 day rule in there. If we have to turn the negotiations over to mediators and let them make all the decisions, this could be the end for some companies.
This whole thing just stinks
I agree with Lori about employer rights and I agree with what DMG is saying.
August 5th, 2009 at 8:38 am
In my opinion, the mandatory arbitration requirement if a contract is not reached is by far the most troubling part of this bill…far worse than the card check requirement that they eliminated from the revised version.
No way is it in ANYONE’s best interest for an arbitrator to determine what the collective bargaining agreement is going to be.