3,100 Companies Opposing EFCA Can't be Wrong

by Brad Peck

Here is the letter (text below) sent to Congress today from over 3,100 companies opposing the Employee Free Choice Act - S. 560, H.R. 1409:

We are writing to express our strong opposition to the Employee Free Choice Act (EFCA; S. 560, H.R. 1409). As businesses of every size and industry with substantial operations in all 50 states, we collectively employ millions of American workers.

EFCA has three provisions, each of which we oppose. The first provision would require union recognition based on authorization cards signed by a majority of employees. This provision would allow organizing to be conducted in secret, would effectively eliminate the secret ballot election, and would hinder or even eliminate an employer’s ability to tell its side of the story and correct misleading union rhetoric. Card check recognition also would effectively disenfranchise employees who oppose unionization and, as courts have repeatedly recognized, is inherently less reliable than traditional election processes for determining whether employees wish to have union representation.

The second provision would enable a union seeking a first contract to require the employer to enter into binding interest arbitration if a collective bargaining agreement were not reached within as little as 130 days. The government-appointed arbitrator would be able to set all terms of a union contract, not limited to wages and benefits, but also including management rights clauses, work rules, use of technology, and other critically important provisions. Compulsory interest arbitration is the antithesis of free collective bargaining and would put an arbitration panel in the position of judging which tradeoffs are in the best interests of the employer, union, and employees. No government-appointed arbitrator should have the power to impose a contract that could radically alter an employer’s business model and potentially destroy its competitive advantage and ability to compete in these difficult economic times. This provision would completely overturn the longstanding principle that the parties are obligated to bargain in good faith, but are not compelled to agree to terms they believe will put them in jeopardy. Employers and employees will lose any opportunity to shape the contract if this provision is enacted.

The third provision would significantly increase penalties on employers for certain violations of labor laws. There are significant problems raised by these provisions, including the lack of due process in the mandatory reinstatement provisions and the conversion of the NLRA from a remedial statute to a punitive one. Most telling is the fact that the new penalties are imposed for employer violations and not union violations, which demonstrates the lack of balance in this ill-conceived bill. It is hard to see how coercion by labor organizations should be favored over coercion by employers.

For these reasons we urge you to oppose EFCA as well as any procedural votes, such as a cloture motion in the Senate, which would lead to its passage.

Comments

[Peter Braunston]

Hey Paul,

I'm on your side!

[Paul]

Peter, you are wrong. Why is the chamber lying about the wording of this bill?

EFCA DOES NOT do away with secret ballot elections....what it DOES do is allow employees to chooses how they want to form their OWN organizations that represent THEM. Or in other words it allows Employees to CHOOSE whether or not they want a card Check or an election. It's right there in the bill, do you think we can't read?

And furthermore, why should employers have any say in organizations that represent employees? Do your employees have a say in the structure of the Chamber of Commerce or how that bodies decisions are made?

[Peter Braunston]

Mr. Palen, please point to the section within either bill that does away with secret ballot. Please read the bills. Card check is an additional way for workers to unionize. Private ballot is not abolished.

[Dave Palen]

Interesting postings. I can't believe Peter Braunston is still misinformed and doesn't know that the reasons unions want EFCA is because it destroys the secret ballot. Paul thinks the Chamber should work on fixing the economy. It would be nice if the Obama Administration listened to his advice. More unions, raising taxes during a recession, raising energy costs due to global warming taxes, and destroying health care are all things that will harm the economy. Thanks to the Chamber someone is speaking out on behalf of me and all the other workers worried about keeping their job.

[Walt]

Didn't the Chamber of Commerce send the SCOTUS a friend of the court brief arguing for the right to spy on employee emails?

[Paul]

3,100 out of a membership of 3 million? It looks like the Chamber would be better off spending its time on other things, like helping fix the economy. What a waste of time.

[Peter Braunston]

You have flaws in your remarks. Card check does not do away with private ballot. This is propoganda spread by your organization and corporations opposed to the law. There have been far more threats made by corporate America than ever made by Union Organizers.

I went through a card check unionization effort. It was open, honest and transparent. Most Americans favor unionization. It should be a free choice, just as the bill says.

On another point you complain about binding arbitration. Even after employees have formed a union, many companies refuse to bargain in good faith and it may take years to come to an agreement. Corporations need to bargain in good faith once a union has been organized within the company.

On your third point, penalties will curtail management from threatening employees who wish to organize. This bill will give the NLRB the teeth to enforce National Labor Law. The country voted for change. This bill will pass. Sixty votes are inevitable.