‘Free Choice Act’ Is Deceptive Labeling, Lawyer Says

Heading toward passage?

While many experts predict that the EFCA will pass Congress and become law—even in modified form—some are deriding the Act as a case of deceptive labeling.

“The deceptively named Employee Free Choice Act would actually take the secret ballot election process away from employees,” says Phillip Russell, a partner at the Tampa office of law firm Constangy, Brooks & Smith, LLP. “It allows unions to organize by simply getting authorization cards signed through false promises, deception, and intimidation.

“EFCA would also allow a government-appointed arbitrator to impose binding wages, benefits, and other conditions on businesses, and would also impose stiff penalties on employers for resisting a union-organizing drive without any additional penalties for union-organizing misconduct,” says Russell, who regularly defends employers in union-organizing campaigns and is a writer and frequent guest speaker.

Obama agenda

The bill has the support of President Obama, who has “repeatedly pledged to make it easier for unions to organize,” Russell says. “He has said he believes unions are part of the solution to the middle class economic crisis, and that businesses should not have the rights they have now to stay union-free.” Russell adds that Obama has already issued four pro-union Executive Orders in an effort to encourage increased unionization through the federal contracting process.

Although unions are fighting for survival—only 7.6 percent of employees in the U.S. private workforce are unionized—”unions have the political strength to fundamentally change the laws that have governed union organizing for over 70 years,” Russell says.

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Important laws are changing left and right, and increasingly disgruntled employees mean an increasing number of lawsuits. Steer clear of these issues with the practical, plain-English advice you’ll get at BLR’s National Employment Law Update conference. Sign Up Now

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Russell regularly and aggressively represents his clients (businesses only) in court and before state and federal agencies. Even if you’re not in the Tampa area, you can take advantage of his unique skills and expertise by joining us at BLR’s National Employment Law Update conference October 19-21 at the Venetian in Las Vegas.

Russell will be presenting a session on unions, where he’ll explain:

• The most up-to-the-minute status of efforts to pass EFCA,


• How to train your supervisors and managers to recognize and respond to the early warning signs of union organizing activity, and


• The policies and practices you can implement now so your employees won’t feel the need to join a union.

Employees pay

“At its most basic function, a labor union is really just a service that employees have to pay for that gives them someone else to talk to their boss,” says Russell. “To stay union-free, businesses must be certain their employees don’t feel the need to pay for such a service.”

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Now’s the time to arm yourself with the tools you need to succeed. Sign up now for BLR’s National Employment Law Update conference and you’ll save $200 off the regular rate.

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In Las Vegas, not only will you have the opportunity to get Russell’s insights and advice, you’ll also have the chance to pick his brain by asking the union-related questions that concern you most.

Plus, you’ll have the opportunity to network with your peers in the HR field and get their thoughts and suggestions on unions and a host of other topics. Don’t be left out; you can save $200 when you reserve your place at the event before June 30 (that’s Tuesday!).

Find out more about the National Employment Law Update conference.