Unions were instrumental in creating the American middle class as we know it. Today, they continue to empower millions of Americans to bargain for wages and benefits that are capable of sustaining a middle-class standard of living. 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 break the law routinely, harassing and intimidating employees who try to organize. 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 with the arbitration agreement binding for two years. 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.

TheMiddleClass.org’s analysis of a version of the Employee Free Choice Act passed by the House in 2007 is available here.

S.560 is the Senate version of this bill.