Employee Free Choice Act AGAIN: If You Are Not Scared Now You Should Be!

by Michael Haberman on August 4, 2008 · 0 comments

There has been some increased exposure to the Employee Free Choice Act (note: bill proposers are good at calling something it isn’t. Paycheck Fairness is the same way) because WalMart made the news talking to employees about it. The Wall Street Journal wrote about it (see here) and I have exerpted this paragraph that puts it in a nutshell for HR managers and businesses.
“The bill was crafted by labor as a response to more aggressive opposition by companies to union-organizing activity. The AFL-CIO and individual unions such as the United Food and Commercial Workers have promised to make passage of the new labor law their No. 1 mission after the November election………Both supporters and opponents of the Employee Free Choice Act believe it would simplify and speed labor’s ability to unionize companies. Currently, companies can demand a secret-ballot election to determine union representation. Those elections often are preceded by months of strident employer and union campaigns.

Under the proposed legislation, companies could no longer have the right to insist on one secret ballot. Instead, the Free Choice, or “card check,” legislation would let unions form if more than 50% of workers simply sign a card saying they want to join. It is far easier for unions to get workers to sign cards because the organizers can approach workers repeatedly, over a period of weeks or months, until the union garners enough support.”
If you are in HR or run a business and that doesn’t scare you, then you need a wake-up call.

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{ 3 comments… read them below or add one }

Anonymous August 5, 2008 at 5:14 pm

I could not agree more because it’s o secret that voters intrinsically support the concept of private ballot elections. If candidates are smart, they will not want to be on the wrong side of this issue come November. They’ll choose to side with the majority of voters who oppose the EFCA legislation.


Anonymous August 5, 2008 at 6:00 pm

Great post. This may be a big mistake if Obama is elected and this passes. Other than the big labor companies, I don’t know who in their right mind would actually want to vote for this. If this were done for our presidential election voting system, Big Labor would freak. But they don’t care when they are the ones imposing this neck squeeze.


Michael Moore August 8, 2008 at 7:45 am


Anyone who has been through an organizing campaign knows some of the methods by which authorization cards are solicited. The one-on-one or tag-team pressure on an employee by union organizers is difficult to resist. Furthermore, Employees get only one side of the story filled with promises without the caveat that any changes to the workplace can only be obtained at the bargaining table. The secret ballot takes away some of the pressure and allows the employer to tell the other side of the union story. The current system of elections has worked to allow employees an informed choice.


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