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Legislative

Employee Free Choice Act

February 13, 2009 - MSEA supports a worker’s right to a fair and balanced union election process. The Employee Free Choice Act would even the playing field for private sector workers to form labor unions in their work place by:

          Majority Sign-up or what was commonly called card-check certification. This would require that employers bargain with workers who have a majority who have signed authorization cards. This does not take away the election process -- workers would be allowed to call for an NLRB administered work-site election if they so choose, but this would allow the workers to have the choice in how they are recognized as a collective bargaining unit, versus the employer getting to choose how the workers are recognized.

          Right to a first contract: 40% of units that win an election never see a first contract due to employer tactics. EFCA would mandate that if a contract is not finished within 90 days of the election, the employees have the right to seek federal mediation. If, within the next 30 days, a contract is not resolved, the employees have the right to call for binding arbitration. Currently, none of this is available to private sector employees.

Real Penalties would exist for Unfair Labor Practices:

          *Employees could seek a federal injuction on employers who are committing Unfair Labor Practice's or            ULP's. This would stop the company from committing ULP's or face a contempt of court charge.

          *Triple Back Pay for any worker unlawfully fired during an organizing campaign.

          *$20,000 per ULP: Civil penalties for EACH unfair labor practice committed. In 2006, over 25,000 ULP's            were committed by employers and that is only what was filed or reported to the NLRB. If EFCA were in            place, that would have been over $50,000,000 in fines!

How does this relate to public sector employees?

Much of PELRA is based on the National Labor Relations Act, so it tends to have a trickle down effect on public employees. While none of this directly affects the public sector, it would allow for states to call for stricter laws around organizing in the public sector.  For more information visit the AFL-CIO website.