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Employee Free Choice Act (EFCA)
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"[EFCA] would hurt us dramatically in our ability to be competitive globally. Think about it--when was the last time you heard a CEO say, 'I wish we had a union.'"

~ Jack Welch
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Buried in all of the financial news is a new law that could have tremendous negative impact on small business owners nationwide.  It is called the Employee Free Choice Act (EFCA), and it would allow workers to unionize very easily and relatively quickly if passed.

I recently attended a seminar by Jackson Lewis,a law firm that exclusively represents management in workplace matters, about EFCA and its impact on businesses. Below are some highlights from their presentation. 


Unionization will be easier with EFCA
 
Let's face it-many companies are struggling to reduce costs, and often "people costs" are a big source of savings. Employees are dealing with reduced pay, mandatory furloughs and layoffs. To combat this uncertainty, many are looking to unionization to provide protection and job security-- and the Employee Free Choice Act (EFCA) allows them to do so more easily.   

Unions are not just for manufacturing companies.  In fact, union leaders have declared that "Rebuilding our strength must include fast-growing, nonunion sectors," which include retail, professional services and healthcare-- all jobs that cannot be moved overseas. 

So why is this piece of legislation a big issue?

EFCA removes critical pieces of the current-day unionization process, and could potentially allow unions to take a swift and strong foothold in any business with multiple employees.

The current process (below) relies on an initial support gathering, filing a petition, and a 6-week period where the company can plead its case with employees to discourage unionization before the secret ballot election is held.  
Current-Day Unionization Process

EFCA effectively eliminates secret ballot elections, and the opportunity for the business to present its case, unless, of course, it is proactive. In addition, it gives employers and the new union only 120 days to negotiate a contract before going into mandatory arbitration.  The law imposes hefty fines if the employer is found to have wrongly dismissed an employee due to unionization efforts. 

EFCA Unionization Process

So what can you do? 

As Jackson Lewis put it, "Define yourself before the union defines you."

Read on for some actions you can take now before unions get a foothold in your business.  >>>


Bills are passing through Congress with alarming speed and there is little time to waste to be prepared for this one.  For further information and additional steps you can take to prevent unionization in your business, you can contact Jim McDonnell  or James LaRocca at Jackson Lewis.
 
Sincerely,
 

Anna Masker
Profit Point Consulting
Profit Point Consulting works with small- and medium-sized businesses whose needs extend beyond basic accounting and tax planning - businesses that want to increase profits, lower costs, get better control over their financials, and make more money. As part-time CFOs, we give you a better handle on your costs and cash flow, so you can make better pricing and capital investment decisions - and we do it in an approachable, easy-to-understand way.

 To find out how our experience and insight - along with our forward-looking, fresh-thinking approach - can help you, please contact us for a no-fee consultation.