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The Employee Free Choice Act (EFCA) -also known as the "Card Check bill" - was initially introduced in 2007 by the House of Representatives. While successful in the House, the bill "died" in the Senate. (www.shrm.org)

This bill (HR 800) has been resurrected and is again on the agenda for 2009. This piece of legislation has been touted as "...one of the most dramatic changes in U.S. labor law in nearly 75 years..."(www.shrm.org). But what does this bill really mean?

The EFCA would amend the current National Labor Relations Act (NLRA) to allow employees an easier way to form and/or join a union. Currently, employees can join a union one of two ways.
1. Election - Secret Ballot
After at least 30% of employees in a certain area sign a petition in support of a union, the NLRB will administer an election via secret ballot among employees. If the unionization passes by majority vote it will become the bargaining rep for the employees. (www.shrm.org)

2. Authorization Cards
Also known as "Card Checks", a union proponent will distribute an official authorization card and ask them to support the union initiative by signing the card. If the majority of the employees sign, the union immediately becomes the bargaining representative for the employees (provided the NLRB certifies the card as valid). (www.shrm.org)

Of these two ways, the secret ballot election is the most common. If this bill is passed, it would ultimately replace the secret ballot election.

Opponents to the bill contend that by moving to the "Card Check" system everyone, from co-workers to employers, to union organizers will know how employees voted - leaving the employee vulnerable to discrimination and retaliation. (www.wikipedia.com)

Proponents argue that this bill will protect worker's rights to join unions as nearly one quarter of employers who are facing an unwelcomed unionization have been found to terminate at least one worker in support of it. (www.aflcio.com)

In addition to modifying the method of election, it would guarantee workers a contract when they form a new union and stiffen the penalties against employers that break the law during campaign organizations. Companies found to violate employees rights during an organization campaign would face a $ 20,000 fine. If an employee is terminated or discriminated against during the organization, the company is required to pay three times the employees back pay

With President Obama as a supporter of this bill, be prepared for changes in the future.