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Frequently Asked Questions
What does the Employee Free Choice Act do?
The Employee Free Choice Act enables workers to have a choice of whether to join a union or not without a fear of losing their jobs. It creates a fair and democratic election process for employees to obtain a contract within a sensible amount of time and would strengthen penalties on employers who violate their workers rights. Workers in Unions are able to negotiate for a better quality of life instead of allowing CEO’s to have all the power.
What is wrong with the laws we have?
Under current law, even if a majority of workers sign up for a union, the company can veto that decision and demand an election. This gives the company time to fire or harass workers and threaten to close the workplace to coerce workers into voting against a union. Under the Employee Free Choice Act, if a majority of employees sign cards indicating they want to organize, then the company has to recognize the union, as long as it is certified by the National Labor Relations Board.
Why do we need majority sign-up?
Democratic majority sign-up procedures are the most effective way to determine the wishes of a majority of employees and are necessary to avoid anti-democratic employer coercion through the NLRB election process. They ensure workers a fair chance to unionize and promote healthy relationships between employers and employees while negotiating contracts for fair wages, adequate healthcare, and livable pensions.
Mediation and Arbitration Rules are needed because management can hinder employee free choice by refusing to bargain and the current law has no recourse for such actions. Management is able to postpone and stop negotiations and the current working conditions continued to be implemented while the stalemate continues. The penalty for bad faith or surface bargaining is typically an order to resume bargaining, which can then be postponed. It is a vicious cycle in which the American Worker loses.
I Already Have a Union. Why Should I Support the Employee Free Choice Act?
When some workers are denied a voice on the job, it hurts all workers. As more workers unite, our strength builds, which enables us to win higher wages for all workers, access to affordable healthcare, and protect our pensions.
I've Heard That the Employee Free Choice Act Will Take Away Secret Ballot Elections. Is That True?
No. The Employee Free Choice Act preserves secret ballot elections, but also ensures that workers, not CEOs, decide whether to form a union at work through majority sign-up. Right now, even when a majority of employees in a workplace sign cards saying they want to form a union and have them certified by the federal agency that oversees labor law, the company can decide that workers have to do it all again months later by forcing them to hold an election. This legislation ensures that workers decide for themselves, not corporations, about forming a union.