The Employee Free Choice Act would amend the National Labor Relations Act by requiring employers to recognize a labor union solely through the "card check" process, thus permitting unions to avoid secret elections where employees make decisions free from interference. Under the card check approach, union authorization cards are signed in the presence of an interested party; for example, a union organizer or a pro-union co-worker. The cards are then presented as representing the true intent of the workers. This legislation would strip away federal safeguards and leave workers unprotected from outside influence and pressure.
The bill also would mandate onerous first-contract binding arbitration. Negotiations between an employer and the union would be required to begin within ten days after the union is certified, based on a majority of employees signing the cards, and, if the employer and union do not reach an agreement within 120 days, the agreement would be subject to mandatory binding arbitration. The decision by the arbitrator is final, the contract is not subject to ratification by the employees and would remain in effect for two years or until a new contract is agreed upon, whichever comes first. In addition, the bill would increase the penalties imposed on employers who are found to have committed unfair labor practices during a union organizing drive or negotiation of a first contract.
