Pressure on for Employee Free Choice Act Union Bill

The Employee Free Choice Act of 2009, a divisive bill that challenges the way labor unions form in the workplace, continues to stir controversy.

According to the Library of Congress, the Employee Free Choice Act “seeks to amend the National Labor Relations Act to establish an efficient system to enable employees to form, join or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes.”

The bill has been the source of fierce lobbying on both sides since it was introduced to the House and the Senate in March. Supporters of the bill argue that forming unions in the United States has been made unnecessarily difficult and perilous by anti-union interests and employers. Opponents argue the legislation would give unions an unfair advantage and marginalizes employers’ right to present their case to employees.

There have been recent developments as the bill moves through the House and Senate.

According to Richard Reinis, of counsel to the law firm of Steptoe & Johnson, key developments have created a sense of urgency for both supporters and opponents of the EFCA. “The next 30 days are critical,” Reinis said. Sen. Tom Harkin (D–Iowa), the chief sponsor of the bill in the Senate, has called for a compromise bill to be reached by a July 4 deadline. If senators do not reach a compromise by that date, Harkin will bring an “up-or-down vote,” Reinis said, which will make each senator’s vote a matter of public record—something senators facing re-election are loathe to encounter.

The major issues creating debate among supporters and opponents include the monetary penalties the EFCA would impose on employers who find themselves on the wrong side of the new law. The type of balloting that would be allowed under the EFCA is another sticking point. Some proposed changes to the bill call for employees to retain the option of secret balloting—something the earlier version of the bill would have done away with. Finally, the amount of time employers and unions would have to reach an agreement could be increased from the originally proposed 90 days to upwards of 120 days.

“The bottom line is that there will be EFCA legislation. It will pass, and employers need to start thinking about making plans for the future now before they are surprised later,” Reinis said.

Among those organizations in favor of the bill are the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), which has 11 million members; the Democratic National Committee; the NAACP; and the San Francisco Board of Supervisors.

Opposing the measure are the American Apparel and Footwear Association, the National Retail Federation, the California Fashion Association, the California Chamber of Commerce and the Coalition for a Democratic Workplace. —Erin Barajas