Earlier this week, the Employee Free Choice Act (EFCA) was introduced into both the U.S. House and Senate. Both supporters and opponents of the bill anticipate that the proposed legislation will spark fierce battles over the next few months. Employer advocacy groups have already launched aggressive lobbying efforts to defeat the bill. On the other side, the AFL-CIO has put its full weight behind ensuring that the bill passes.
So what’s all the fuss about? In a nutshell, EFCA would make it possible for labor unions to get certified as the employee representative by doing only a “card check”—meaning that more than half of the employees sign union membership cards. Under current law, a union can only be certified as the employees’ representative if it wins a secret ballot election. In addition, the bill would require employers and unions to sign contracts quickly, and increases penalties for employers who coerce employees not to join a union.
Whether or not the bill is ultimately enacted, EFCA is a good reminder that an ounce of prevention is still better than a pound of cure.
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In addition to seeking higher pay and better benefits, employees often look to labor unions when they feel that employers are unresponsive to workplace problems and employee concerns. According to a 2006 poll by the Employment Law Alliance, 34 percent of workers surveyed said that poor communication from management was a factor in their decision to join a labor union. Inconsistent discipline was a motivating factor for 33 percent of the workers surveyed, and 29 percent said that management’s tendency to play favorites encouraged them to vote in favor of joining a union.
Given the economic climate, employees are understandably concerned about potential job losses, and are more likely look to unions for security. If employers are also ineffective at resolving everyday workplace problems, the likelihood that unions will appear more attractive goes way up. The best way to help ensure that your employees are looking to you—not a union—is to have a solid plan for addressing workplace problems internally when they arise.