Public Policy Issue Briefs

Background: Organized labor’s top priority this Congress is clearly the "Employee Free Choice Act." The measure would dramatically change U.S. labor law. Today, employees are entitled to a private-ballot election when deciding whether they want union representation in their workplace. Elections are overseen by the National Labor Relations Board, which has numerous procedures in place to ensure fair, fraud-free elections. Because of NLRB safeguards, employees can cast their vote confidentially, without peer pressure or coercion from unions or employers.

If Congress passes the Employee Free Choice Act, employees effectively lose their right to private-ballot elections. The bill would establish a so-called "card-check" union organizing system, in which a majority of employees simply sign a card in favor of union representation.

The measure would also require a government-mandated arbitrator to force a contract if the employer and the union don't reach an agreement within 120 days.

The National Restaurant Association is a leading member of the Coalition for a Democratic Workplace, which is fighting to protect private ballots.

Status: The Employee Free Choice Act was introduced on March 10, 2009, in the House and the Senate. Rep. George Miller (D-Calif.) is the lead sponsor of H.R. 1409; Sens. Ted Kennedy (D-Mass.) and Tom Harkin (D-Iowa) are the lead sponsors of S. 560. EFCA or some compromise version could be brought up for a vote in Congress some time this fall.

Votes: See how your lawmaker voted on EFCA in the last Congress:
• 2007 U.S. House vote -- 241 in favor, 185 opposed
• 2007 U.S. Senate vote -- 51 in favor of moving the bill forward, 48 opposed; since 60 "yes" votes were needed to advance the bill, the measure died in 2007.

Talking Points
1. A card-check process increases the risk of coercion. When a union tries to organize a workplace, employees sometimes face intimidation and pressure about how they should vote, from the union, management, or both. The best way to protect employees from coercion is through the continued use of a federally supervised, private-ballot process.

2. Private ballots are a basic American right.
The entire American system is based on respect for individual liberty and democracy. If Congress passes this proposal, they will strip away the protections that federally protected, democratic elections provide for American workers.

3. An employee’s decision to join a union should be made in private. Employees should not have to reveal to anyone — employers or unions — how they exercise their right to choose whether to organize with their co-workers in a union. Moving to a card-check process rather than a federally supervised election tramples on employee privacy. An employee’s decision to join a union should be made in private, protected from any coercion by unions, employers or co-workers.

Questions?

Contact Brendan Flanagan at (800) 424-5156 or bflanagan@restaurant.org

Associated Content