MYTH: EFCA will prevent the use of secret-ballot elections.
REALITY: EFCA does not strip workers of their right to choose a secret-ballot election to decide whether to select — or not to select — a union representative. EFCA simply gives workers the additional option of selecting a union representative by majority sign-up.
Under the National Labor Relations Act (NLRA), there are three ways for workers to form a union:
1) By secret-ballot: The National Labor Relations Board (NLRB) will conduct a secret-ballot election to select a bargaining representative if at least 30 percent of workers have signed a petition or authorization cards in favor of a union. If a majority of workers voting select a particular union, the NLRB will certify that union as the employees’ bargaining representative. EFCA does not change this process.
2) By voluntary card-check recognition: An employer can voluntarily decide to recognize a union representative if a majority of employees have signed authorization cards in favor of the union. EFCA does not change this process.
3) By NLRB-ordered recognition: As a last resort, the NLRB can order an employer who has engaged in unfair labor practices that make a fair election unlikely to recognize a labor union if a majority of employees have signed authorization cards in favor of the union. EFCA does not change this process.
EFCA would simply add a fourth choice for workers seeking to form a union. The legislation would require the NLRB to certify a union representative if a majority — more than half — of workers sign authorization cards in favor of the union.
The majority sign-up, or “card-check,” option would simply streamline the union selection process for workplaces that have a majority of workers who want to join a union. This is the same majority that would be voting in a secret-ballot election. Moreover, the majority sign-up process already exists, but only if the employer chooses to recognize it. EFCA would extend the right to select a union representative via the majority-sign up process to workers themselves.
BUT, the EFCA goes much deeper than just opening up the election process.
The EFCA makes organizing a viable, but not mandatory, option. The viability comes primarily from removing the loopholes that corporations use to make organizing almost impossible.
Loopholes such as stalling in contract negotiations for a year so the entire process has to start all over again. (EFCA requires good-faith bargaining followed up by mediation and then, if necessary, binding arbitration by a neutral third party.)
Loopholes like refusing the union’s access to employee’s while the corporation tells the employees anything they want. Lies, hollow promises and intimidation are frequently used. What about about fair and equitable access? What we have now is a system that would be like running a presidential election where only one candidate can campaign!
Loopholes like the one that says the EMPLOYER decides if the employees can form a union! (Where’s your democracy support now???)
Loopholes like corporate fines that are so small that companies laugh them off and do whatever they want.
http://www.tonyskansascity.com/
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