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LEGAL CORNER
The Employee Free Choice Act of 2009 (EFCA) was introduced in
Congress last week. The House and Senate Labor Committee chairs,
Representative George Miller (D-CA) and Senator Edward Kennedy (D-MA),
introduced the EFCA bills on Tuesday, March 10 (H.R.
1409 / S.
560). These bills are identical to legislation
that passed the House of Representatives in 2007, but
stalled in the Senate.
As background, it's important to
note that EFCA played an important role in turning out the labor vote during the
November 2008 elections - which saw Democrats pick up as many as eight seats in
the Senate, depending on the outcome of the Minnesota contest between Norm
Coleman (R) and Al Franken (D). In addition, President Obama
campaigned in support of EFCA, and indicated he would sign it into law if
elected president.
While the Democratic Party gained additional seats in the
Senate and House as a result of the 2008 elections, Democratic support for EFCA
seems to have waned a bit. In 2007, EFCA was introduced with 230
original cosponsors in the House. This year, however, the House
bill has 222 cosponsors. In the Senate, a few previous supporters
of the bill have publicly state they need to re-consider this issue.
In brief, EFCA would:
- Allow unions to forego a federally-administered, private ballot
election in favor of using the card check process;
- Require binding arbitration within 130 days after a union is certified
through a signed card collection process, if the employer and the union are
unable to reach an agreement;
- Restrict an employer's communications to employees about the workplace
issues involved in the union organizing drive; and
- Create new fines against employers and expand the list of unfair labor
practices.
Make your voice heard
- contact your state legislators today! If you are a SHRM member
you can do this in a few easy steps by going to SHRM.ORG.
If you are not a SHRM member, you can reach your elected
officials: Senator Jeff Bingaman,
senator_bingaman@bingaman.senate.gov, 202.224.5521
Senator Tom Udall,
202.224.6621 Representative Martin Heinrich, 202.225.6316 For more
information on EFCA or other labor and employment related legislation, please
contact Alice Barela, PHR (SHRM of NM State Legislative Director & HRMA VP
of Legislative Information) at alice.barela@gmail.com. |