Kennebec Journal, July 2009

Kennebec Journal

July 2009

Kennebec Journal

What is EFCA?

By Richard Hurd

The acronym for what could become the biggest labor law change in the nation in 70 years is "EFCA."

Pronounced "eff-kaa," the Employee Free Choice Act is controversial. Advertising have been launched by both opponents and supporters.

Endorsed by President Barack Obama, the legislation was introduced in March and passed in the U.S. House of Representatives.

It is expected to be debated this year in the U.S. Senate, possibly this summer.

Basics of the legislation:

What is EFCA?

The Employee Free Choice Act would change fundamental aspects of the federal law that governs how a union is started at a worksite.

How significant is EFCA?

If it is passed by the U.S. Congress, it could be the biggest labor reform since the Taft-Hartley Act was passed in 1947.

Who would EFCA directly affect?

EFCA could potentially affect thousands of private-sector workers and organizations. It also could affect the role of unions in the American workplace.

Why is EFCA controversial?

The EFCA debate, heating up in Congress, has provoked an ideological discussion about the roles of workers, employers, unions and business in American society.

A key tenet of EFCA is "card check." What is card check?

Card check is signing a card to indicate you want a union. Under EFCA, a union can be "certified" -- approved -- by the National Labor Relations Board -- if a majority of workers sign a union authorization card.

Would secret ballot election through the National Labor Relations Board remain an option under EFCA?

Yes. The mechanism through which most American unions are currently certified would still be available. However, if a union secured majority support through card check, no election would be necessary.

EFCA would toughen penalties against employers who break the law. How so?

Employers found guilty of illegally firing an employee because of unionization activity are now required to pay back wages to the employee. Wages earned at another job during the period of discharge are subtracted from what the employer must pay. EFCA would increase that penalty to triple the lost pay and add a civil penalty of up to $20,000 per violation.

How would EFCA change the timing of a "first contract" to follow unionization?

The proposed law would give employers and workers 120 days to reach a contract. After 120 days, a federal arbitrator would set contract terms.

Currently, there is no legally mandated first contract deadline. Some first contracts are delayed for years. In recent years, about 40 percent of successful unionization elections have not led to collective bargaining agreements.

The National Labor Relations Board would continue, under the EFCA proposal, to oversee unionization efforts?

Yes. The board's five members are appointed by the president, and then approved by the Senate, for five-year terms. The members are assisted by 33 regional directors. The board's responsibilities include conducting elections for union representation and investigating unfair labor practices.

What percentage of the U.S. work force is unionized?

About 12.4 percent of American workers belong to a union. In the private sector, about 7.6 percent of workers are unionized. In the early 1950s, nearly one in three Americans was in a union.

Where can I read the full text of the EFCA legislation?

http://thomas.loc.gov/cgi-bin /query/ z?c111:H.R.1409:

Richard Hurd, professor of industrial and labor relations at Cornell University's ILR School ("Advancing the World of Work"), is a specialist on trade union administration and strategy. He has testified before congressional committees and presidential commissions. An economist by training, Hurd has served as an economic policy fellow at the Brookings Institution.