The Employee Free Choice Act would allow unions to be recognized if a majority of workers sign union cards, and it would remove employers' current right to demand that workers instead hold a secret-ballot election to ratify a union.
Richard Hurd, a professor of labor studies at Cornell University, said the current secret-ballot elections allow employers to campaign against the union in the workplace but shut organizers out of that venue.
Hurd likened it to a political election in which "one candidate could present his view anytime he wants, and the people have to sit there and listen to him. The other candidate could only get his view across if he is able to track down people and talk to them on their free time."
Hurd said employees are fired in at least one of every five organizing campaigns and that companies found guilty of firing workers for union activity only have to pay them back wages, minus whatever the employees made at their new jobs. The Employee Free Choice Act would require guilty employers to pay illegally fired workers triple their lost salaries, as well as civil penalties of up to $20,000 per violation.
Even when unions win an election to organize, getting the first contract can be difficult. Hurd said only 40 percent of companies in which employees vote for unions get collective-bargaining agreements. The proposed law would give employers and workers 120 days to reach a contract before a federal arbitrator stepped in to set terms.
Lord knows the GOP will do anything to keep the status quo, under which we had corporate profits make up the largest share of GDP than at any time since the 1920's before this current recession hit. It's time for some of that GDP to go to the workers who make those corporate profits possible, and the EFCA will provide the tools needed to do so.