1 EFCA Employee Free Choice Act Prepared by H. Jacey Kaps & Brooke Guenot

2 TRUE or FALSE? ● Unions currently represent a majority of private sector workforce in the U.S. ● False. 2

3 TRUE or FALSE? ● The EFCA was introduced as bipartisan legislation in Congress. ● True. 3

4 TRUE or FALSE? ● Under EFCA, 30% of employees in bargaining unit must sign “Card Checks” in order to designate the union as bargaining representative. ● False. 4

5 TRUE or FALSE? ● Employers have the legal right to restrict employees from engaging in all union activity while at work. ● False. 5

6 TRUE or FALSE? ● Employers may legally prohibit union solicitation on premises. ● True. With limitations… 6

7 TRUE or FALSE? ● Under EFCA, an employer found to have discriminated against or discharged an employee during an organizing campaign is liable for treble damages. ● True. 7

8 HISTORY OF EFCA ● February 5, EFCA introduced in 110 th Congress. ● EFCA has support in both houses. ● Top legislative priority. 8

9 EFCA IMPACTS UNIONIZATION PROCESS ● “Card check” certification. ● Mediation and binding arbitration. ● Stronger penalties for violations during unionization. Mandatory applications for injunctions. Civil fines of up to $20,000 per violation. Treble back pay. 9

10 The principle statute governing labor relations in private sector. “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” NATIONAL LABOR RELATIONS ACT (NLRA) 10

11 ILLEGAL EMPLOYER CONDUCT ● Threatening employees with loss of job or benefits if they join or vote for a union. ● Threatening to close if employees select a union to represent them. 11

12 ILLEGAL EMPLOYER CONDUCT ● Questioning employees about their union sympathies or activities in such a way that interferes with, restrains or coerces the employees. ● Promising benefits to employees to discourage union support. ● Transferring, laying off, terminating or assigning employees more difficult work tasks because of engagement in union activities. 12

13 ● Removing non-employee union organizers from workplace premises. ● Prohibiting employees from soliciting for the union during working time. PERMISSIBLE EMPLOYER CONDUCT 13

14 PERMISSIBLE EMPLOYER CONDUCT ● Speaking to employees about anti- union preferences, as long as speech is not “coercive or recklessly intimidating.” 14

15 ILLEGAL UNION CONDUCT ● Threatening employees that they will lose their jobs unless they support union activities. 15

16 ILLEGAL UNION CONDUCT ● Fining employees who have validly resigned from the union for engaging in protected activity following their resignation. ● Seeking the discharge of an employee for not complying with a union shop agreement, when the employee has paid or offered to pay a lawful initiation fee and periodic dues. 16

17 ILLEGAL UNION CONDUCT ● Refusing referral or giving preference in hiring on the basis of race or union activities. ● Refusing to process a grievance because an employee has criticized union officers. 17

18 FILING A CHARGE AGAINST A UNION 1.Contact an NLRB Information Officer. 2. All allegations of violations of NLRA must be filed and served within 6 months of alleged violation. 18

19 PREPARE FOR LIKELY EFCA ENACTMENT ● Ensure “best practices” are being followed. ● Review industry standards for wages and benefits. ● Create labor relations task force. ● Educate employees. ● Develop no-solicitation/no-distribution policies before employees engage in union organization campaigns. 19

20 UNIONIZATION UNDER EFCA: WHAT TO EXPECT ● Union will be certified as exclusive bargaining agent of employees. ● Union representatives will seek “collective agreement,” detailing: Wages Non-wage benefits Job security and protection Opportunities for growth Workplace conditions Work times and hours 20

21 THANK YOU! 21