Employee Free Choice Act Introduced

Congress is now considering the Employee Free Choice Act of 2009 (EFCA). On March 10, 2009, identical bills were introduced into the House and the Senate. Rep. George Miller (D-Cal.) introduced the bill (H.R. 1409) into the House with Ohio co-sponsors John A. Boccieri (D-Alliance), Steve Driehaus (D-Cincinnati), Marcia Fudge (D-Warrensville Heights), Marcy Kaptur (D-Toledo), Mary Jo Kilroy (D-Clintonville), Dennis J. Kucinich (D-Cleveland), Tim Ryan (D-Niles), Zachary J. Space (D-Dover), Betty Sutton (D-Barberton), and Charles A. Wilson (D-St. Clairsville). Senator Edward M. Kennedy (D-Mass.) introduced the Senate bill (S. 560) with Ohio Senator Sherrod Brown (D) as a co-sponsor.

This bill proposes several changes to the certification procedures of labor unions and to the collective bargaining process.

Union Certification

Under the EFCA, if a union files a petition with the National Labor Relations Board that claims that a majority of employees in a unit wish to be represented by the union, the Board verifies that a majority of the unit's employees signed valid authorizations designating the union as their bargaining representative. The Board also determines whether the employees form a unit that is appropriate for collective bargaining. If the Board finds that a majority of the employees in the unit designated the union as their representative, and finds that the unit is appropriate for collective bargaining, the Board then certifies the union as the representative without a secret ballot election by the employees.

Initial Collective Bargaining Agreements

Under the EFCA, the employer and union must begin negotiating a collective bargaining agreement within 10 days after the employer receives the request for collective bargaining. If the employer and the union fail to reach an agreement on the terms of a collective bargaining agreement within 90 days of negotiating, a federal mediator will attempt to bring them to an agreement by mediation and conciliation. If the mediation does not result in a collective bargaining agreement within 30 days, then a federal arbitration panel will settle the dispute and prepare a collective bargaining agreement whose term will be 2 years.

Enforcement

Under the EFCA, if an employer terminates an employee while employees - unbeknownst to the employer - were seeking representation, the Board shall conduct a preliminary investigation to determine whether the employer committed an unfair labor practice. This preliminary investigation will take priority over all other cases except other cases of an employer's alleged unfair labor practice. If the Board finds that the employer committed an unfair labor practice, the Board is required to award the employee three times the employee's back pay. For willful or repeated violations, the Board may assess a civil fine of up to $20,000.00 per violation.

Congress has not finalized the EFCA. Because the bill could radically change labor-management relations, Ohioans are encouraged to contact their representatives and senators and let their thoughts be known on the EFCA.