The Democrats in Congress and their handlers the union bosses, want the passage of the Card Check Forced Unionism Bill, or under the misnomer, the Employee Free Choice Act, H.R. 1409. This piece of legislation contains two provisions that are disturbing and deserve to have the spotlight placed upon them.
1.) The EFCA removes the secret ballot and replaces it with the card check. Here is the section that provides for this:
(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).
Streamlining Union Certification? It’s called the destruction of the secret ballot process.
However, there’s another provision that is equally disturbing. It’s called binding arbitration. If the union and the employer cannot reach an agreement on a contract after 120 days, the government will send in an arbitrator and said arbitrator will settle the dispute. The contract is binding on both parties for 2 years.
`(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows:
`(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.
`(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement.
`(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.'
This is little more than an attempt to force unionism on workers and to undermine the relationship between employee and employer. The good news is that there is legislation introduced that will protect employees right to secret ballot election. The Secret Ballot Protection Act, H.R.1176 Write your Congressman, politely ask him/her to vote yes on H.R. 1176 when it comes to the House floor.