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The implications of the Employee Free Choice Act

By: Jhoana Cooper

I don’t know if you are very familiar with the Employee Free Choice Act, but this is supposed to be the most radical change in the American labor system since the mid 1930’s. By some it is believed to be the change that will lead to the 21st century, while others think it will bring the employment system to a downfall.

The Employee Free Choice Act implies the right of workers to organize in unions so their interest would be represented better. Bargaining terms are now pushed forward and FMCS mediators are brought in if there is no quick solution to the problems. Employers that go around trying to discharge or discriminate employees are in for greater financial repercussions than before.

Are these solutions that will improve the life of workers or are they something that serve other interests? You should be able to form an opinion of your own about this change, but there are some aspects you should take under consideration.

Regarding the first provision of EFCA, the card check vote, it is believed to strip away the fundamental right of the employees to vote. The current process involved in union organization implied the presentation of both sides and afterwards the choice whether the union should be formed would be expressed. According to EFCA, if the card is signed then you would have voted for the union, without any presentation.

Also, under the current system, the vote after the presentation would have been undergone according to the secret ballot method. With card check, all kinds of tactics can be used to coerce or influence the vote of the workers, thus making it easier to get to the wanted results.

The bargaining period must begin and end according to the artificial limits set by the EFCA. This means that after 90 days of negotiations without conclusions, an FMCS representative will be brought to try to bring the sides together. If after 30 days a conclusion is not reached, the dispute will be solved by an arbitration board that will determine the terms of the new contract.

This is an ambiguous aspect of the Employee Free Choice Act, because there are no set rules regarding the composition of a board. No one know how many people will be on it, how is the decision will be made regarding the terms of contract, just that the contract will be viable for the next two years.

The third provision of the EFCA regards the punitive damages that need to be paid. First of all, if any discriminatory action should take place, the employer will pay a fine of 20,000 dollars and triple damages to the discharged employee.

There are no damages that could be applied to the other party, so according to the Employee Free Choice Act, the employer is the only one that can commit such actions. No action should be undertaken against the unions, because they can’t go wrong.

The Employee Free Choice Act is one of the most dramatic changes that can happen in the American labor system. Some believe it to be the best thing that can happen, while others do not share their enthusiasm. Visit lrionline.com and get an objective insight on the issue.

Article Source: http://articleaddict.com

Judging by the facts presented afore the Employee Free Choice Act is something that will shift the balance of power in favor of the unions. EFCA is one of the worst things that can happen to the businesses in America.

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