Failed a procedural vote in the Senate which required a 60-vote supermajority: 06.26.07
The Legislation:
The Employee Free Choice Act streamlines procedures for employees to decide on union representation and bargain a first contract. Under this bill, a union would be automatically recognized in a workplace when a majority of employees sign cards stating that they want to be represented by that union. To facilitate agreement on a first contract for employees after the union is recognized, the bill enables either the union or management to refer any disputes about the contract to mediation if an accord has not been reached within 90 days after bargaining begins. If the mediator is unable to reach a deal within an additional 30 days, the dispute will go to binding arbitration. Finally, the bill increases penalties for violations of labor law: raising fines, tripling the amount of back wages employees can receive if they are illegally fired or discriminated against for exercising their labor rights, and requiring the courts to seek injunctions against employers, as well as unions, that violate labor laws.
Yet the system meant to protect the rights of employees to join unions no longer functions. Sluggish and weak enforcement of labor rights permits employers to routinely break the law, harassing and intimidating employees who try to organize. Illegal bribes, threats, and even the firing of union organizers are commonplace. Employees who dare to stand up for their right to join a union can face years of unemployment when they are illegally fired, while employers face virtually no penalty for denying their employees’ basic legal rights. By strengthening penalties and replacing the easily abused mechanism of National Labor Relations Board (NLRB) elections with a streamlined employee sign-up procedure, the Employee Free Choice Act would restore Americans’ ability to choose union representation. In every workplace where a majority of employees want union representation, they could join easily, and begin to bargain for the pay and benefits that would enable them to enter the middle class.
From the Experts:
“NLRB elections are also characterized by an extraordinary level of illegal activity… One out of every 17 eligible voters in NLRB elections is fired, suspended, demoted or otherwise economically punished for supporting unionization. If federal elections were run by NLRB standards, we would have seen 7.5 million Americans economically penalized for backing the ‘wrong’ candidate in the last election cycle. Imagine what this would mean. Every family in America would know someone who had been fired or suspended in retaliation for their political beliefs. Most citizens would quickly become too scared to participate in any public show of support for opposition candidates… What I’m describing may sound like a bad science fiction movie. But it is the reality that workers face when they try to organize.” -Dr. Gordon Lafer, Professor, University of Oregon Labor Education and Research Center (February 8, 2007)
“My name is Keith Ludlum and I work in the livestock department at Smithfield’s
Tar Heel, NC plant… The moment that made me realize we needed a union at Smithfield was when a fellow worker in his 50’s broke his leg on the job when it was pinned between an electric pallet jack and a concrete wall. The next day, when I came to work, he was there… with a full leg cast and using crutches…In 1994, Smithfield illegally targeted and fired me for my union organizing activities. I was fired for trying to get workers to sign cards to join the United Food and Commercial Workers International Union (UFCW). When I was fired, the supervisors and the deputy sheriff marched me out of the plant in front of all the other employees as an example to intimidate them. Shortly after my firing, there was a close vote for representation and the NLRB issued a complaint against Smithfield for violating workers’ rights. Clearly, the company’s anti-union campaign and severe intimidation and harassment cost us the election.” –Keith Ludlum, livestock employee who was reinstated in his old job after 12 years of litigation (February 8, 2007)
Beyond this Bill:
As one of the most potent measures to strengthen and expand the American middle class proposed by Congress in years, the labor rights enforced by the Employee Free Choice Act would give American workers the power to band together and improve their own lives, catalyzing changes in living standards and job quality that go far beyond what any piece of legislation could provide directly.
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Injustice Index Facts
Percentage of petitions filed with the NLRB in which the majority of workers indicated they wanted a union before the process began: 91
Percentage of these campaigns where the employees actually gained union representation: 31
Chance that an active union supporter will be illegally fired for union activity during an organizing campaign: 1 in 5
Percentage of employers that force employees to attend mandatory anti-union meetings during a union organizing drive: 92
Percentage of companies that threaten to close the worksite if the union wins the election: 51
Percentage of companies that actually do close after a successful union election: 1
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