The Democrats blazed ahead into battle today (March 10) by introducing the much-anticipated Employee Free Choice Act (EFCA) in both houses of Congress. EFCA, which has been the subject of countless debates, is a controversial bill that would allow a majority of employees to form a union by signing card-check petitions. Under the Employee Free Choice Act, employees could still choose to have a secret-ballot election, but employers would no longer be able to dispute the card-check process through such an election if a majority of employees signed card-check petitions.
Senator Tom Harkin (D-Iowa) and Representative George Miller (D- California) held a press conference on the Employee Free Choice Act shortly after noon today following a Senate hearing on rebuilding our nation’s middle class by restoring Americans’ rights in the workplace.
By introducing EFCA so early in the session, Democrats make clear that labor is one of their top priorities and that they’re hopeful the measure will pass now that President Barack Obama is in office. President Obama publicly supported the Employee Free Choice Act during his presidential campaign and has continued to support the bill since his inauguration.
The business community, however, is fiercely opposed to EFCA, and many business leaders say it will have devastating effects on business, especially given the current economic times. Renowned financial guru Warren Buffett told CNBC on Monday, “I think the secret ballot’s pretty important in the country. I’m against card check, to make a perfectly flat statement.”
Although Democrats have claimed to have the votes necessary to pass the Employee Free Choice Act, Republicans and business leaders don’t appear to be going down without a fight. The Republicans recently introduced the Secret Ballot Protection Act, a bill that guarantees employees’ right to secret-ballot elections, in both houses. Business groups also appear to be gearing up for battle. The U.S. Chamber of Commerce has been one of the fiercest opponents of EFCA, and Randel Johnson, the chamber’s vice president of labor, immigration, and employee benefits, told the New York Times that the fight over the bill will be “Armageddon.”
Although EFCA was previously presented before Congress and failed to pass, many Democrats are convinced it will pass this time, especially since it cleared the House in 2007 and obtained 51 of 60 filibuster-proof votes needed to pass the Senate. However, many also expect a battle that could last several months, with the bill’s passage possibly hinging on one or two votes.
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Employers can acquire the knowledge to successfully counter a campaign in just one day by attending the Union Avoidance Virtual Summit, the e-learning event for HR professionals and employers, on Wednesday, April 29. Leading employment law attorneys and an HR executive with Office Depot will help employers understand their rights under current law and EFCA and help them develop a game plan that keeps unions at bay without violating the law. All participants need is an Internet connection to take part in this valuable conference.