As the executive director of the Nevada Association of Employers, I've been preaching to anyone who will listen about the Employee Free Choice Act and its potential impact on all employers. And every day I continue to be amazed at how few employers are either aware of this dangerous pending legislation or place it on the back burner in terms of importance. More on that in a moment.
What is the Employee Free Choice Act? Well, currently under the federal National Labor Relations Act, there are certain guidelines that must be followed before a union can organize a group of workers (collective bargaining unit) at an employer's place of business.
Unions are required to first get what's called a showing of interest.
To do this, the union needs to only gather signatures on authorization cards of 30 percent of the employees in the bargaining unit, however, most unions shoot for a higher number, but 30 percent is all that's required to go to the National Labor Relations Board and schedule an election. Most elections are held within 60 days after the showing of interest. During this 60-day period, the union and employer can conduct their campaigns to try to convince employees to vote one way or the other. The NLRB will then conduct a secret ballot election which is determined by a majority of the ballots cast. Once all votes have been cast the NLRB will count the votes and unless there are objections the results will be known at that time.
What EFCA does is eliminate the secret ballot election from the process. EFCA states that if a union gathers signatures on authorization cards of 50 percent plus one of those within a bargaining unit then that will compel the employer to go directly to collective bargaining, no campaign, no secret ballot election! EFCA also states that bargaining must commence within 10 days of union recognition and it also states that if a first contract cannot be agreed to within 90 days it can go to federal mediation. Ultimately, it's the government who could determine what the contract will look like and it would be in effect for a 2 year period.
The Employee Free Choice Act was initially introduced in early 2007 and had no trouble passing the U.S. House of Representatives. It went on to the U.S. Senate where it did not have enough votes to move forward. However, sponsors and supporters of this bill have vowed to resurrect this legislation during the upcoming 111th Congress in 2009. And, there seems to be significant support to see this through all the way to the president's desk. Although there is congressional support for this bill, recent polls by the Coalition for a Democratic Workforce show that voters overwhelmingly support the secret ballot election process and would rather EFCA did not become law. So, there is a certain disconnect between our elected officials and the people who vote them into office. One more item, the major unions will be spending over $400 million on candidates who support EFCA as this is one of the union's election year priorities.
Now, back to my amazement at employer's attitudes about EFCA. Many people I have talked with from around the country and in Washington, D.C. believe that EFCA will pass. It's being called one of the most devastating pieces of legislation to come around in years! But that doesn't mean an employer has to lie down and accept whatever fate awaits them. The time is now to learn about this legislation and prepare your organization in the event it passes. And, there are things an employer can do! The first thing I would suggest is that an employer conduct an employee opinion survey. An survey can reveal issues and concerns that perhaps management was not aware of. Once an survey has been conducted, respond to the findings in a positive way.
Do you pay competitively? Compare your pay practices to local pay surveys. The same would apply to your employee benefit package.
Historically, one of the main reasons employees wish to be represented by a union is because they feel supervision is poor and/or inconsistent. Make sure your supervisors are properly trained to do their job, understand all company rules and regulations, treat all employees fairly and consistently within those rules and regulations and make sure your supervisors are approachable. By doing these things now an employer's chance of remaining union free increases. I talk with employers who choose to wait until after the elections or even after the bill passes (should it pass) before doing anything. In my opinion, that's the worst thing you can do.
If EFCA passes it doesn't mean your company is necessarily going to be unionized, but it does mean that it will be much easier for a union to successfully organize your workers. It's up to each employer as to which avenue they choose to pursue: a reactive approach or a proactive approach. You already know which avenue I'd take!!
James V. Nelson is executive director of the Nevada Association of Employers. Contact him through www.nae-online.org.
