Will Obama Really Push Pro-Union Legislation?

4 thoughts on “Will Obama Really Push Pro-Union Legislation?”

1. The writer of this article makes some interesting points.

   First,
   “It would change several fundamentals in labor relations law. First, employers that face an organizing drive would find it very hard to insist on a secret ballot.”

   I’ve always marveled why “secret balloting” is given so much validity. My employment experience and research shows that things done in the “dark” usually effect employees adversely. Open transparency in this employment process would in my view foster better communication and trust.

   Second,
   “If passed, it would quickly and dramatically change the union-employer relationship. We should expect many more rules in the workplace and much less discretion when it comes to hiring, promotion, pay raises, and work rules.”

   The EFCA would dramatically change not only the union-employer relationship but the employee employer relationship. Here’s why the EFCA will be good for both employer and employee.

   The EFCA is the single most important piece of employment legislation before Congress since the Emancipation Proclamation! The Employee Free Choice Act, “TO AT WILL” or “Not TO AT WILL” that is the question! I believe the battle lines have been drawn between those who want to maintain an antiquated 19th century form of employment doctrine here in the 21st century.

   At-will simply put means an employee can be fired at any time, for any reason or no reason. The employee can also fire the employer for any or no reason. If the employer fires you, your employment with that organization is over. The burden of proving your termination not being justified is on you! If you are employed At Will, your employer does not need good cause to fire you.

   I believe the Employee Free Choice Act by design creates a true partnership between employer and employee. In my view, “At Will” doctrine has spawned and reinforces an employment environment that is;
   (1) adversarial by creating an “us versus them” in the American workplace employment mindset
   (2) emboldens employers to maintain, sustain and perpetuate discriminatory employment practices
   (3) monumentally wasteful of monetary resources and public goodwill in needless litigation

   According to the language of the Employee Free Choice Act, it will:
   (1) give employees greater liberty to form unions and establish employment contracts (2) punish anti union employer retaliation and harassment
   (3) compel employers to deal timely and honestly in negotiating contracts
   
   

   I believe that elements of corporate America want to maintain an antiquated and out dated system of employment to preserve the ability to discriminate against certain groups and races. Here is the evidence to support that assertion.

   In fiscal year 2007, 37.0% of all (EEOC) Equal Employment Opportunity Commission complaints filed were race discrimination based. 30.1% were sex discrimination or gender discrimination based and national origin is 11.4%. The American workplace is comprised of the good, bad and the ugly as any other society in the world. Unfortunately, race discrimination is more of a reality in the United States because it is the most racially diverse western industrialized nation.

   Everyday unscrupulous employers routinely take adverse unjust employment action including termination against employees by hiding discrimination, retaliation, harassment, bullying and more behind “At Will” doctrine. For example, a female employee who spurns the sexual harassment advances of her boss then finds her performance evaluations suddenly taking a turn for the worst. Several warnings later she is terminated, now what. The employer mindset, “You’re out the door now try to prove my hostile intent.”

   Unfortunately since most career seekers and employees don’t have a clue about their basic employee rights, she now has to stumble along trying to navigate the process of showing the firing was retaliation, hostile work environment or Quid Pro Quo. Will the average employee or job seeker have even been trained to be aware of what these terms mean?

   Not to mention the legal expense and emotional stress of a lawsuit. My research shows employers count on employees not having the financial wherewithal to pursue and sustain a lawsuit and most do not.

   Many companies routinely operate in “conspiracy or collusion” between managers, supervisors, directors, HR and ownership in taking adverse action against employees. I have experienced this phenomenon in the private sector and local government! I believe The EFCA will force employers to abide by the letter of protecting employee rights if not the spirit of it.  

   It is my hope that the EFCA legislation will get passed by Congress in a form that truly fosters and equitable bond of mutual trust, respect and cooperation between employer and employee. Let’s face it; you can’t have one without the other. They are joined at the hip!

   “At Will” employment is another dinosaur whose time has come for a decent burial.

   Reply

2. The following are some of the survey comments from readers in favor of EFCA:

   Unions are the best defensive against poverty. The author made the best point “dentist-father who prospered because of his steel worker patients” (100-499 employees, For profit, , Healthcare, HR manager or director)

   This will be the best thing for the middle class and I support it. Hopefully Obama will sign this bill right away. (Less than 50 employees, For profit, Eastern U.S., Other, Consultant)

   More money in worker pockets means more sales and profits in mine (we are not selling/buying in Indonesia). (50-99 employees, Not for profit, , Healthcare, HR manager or director)

   I do not see the EFCA or unions in general, as threatening to my company or to most employers who treat employees well. (100-499 employees, For profit, Eastern U.S., Manufacturing, HR manager or director)

   I am pro employee and pro labor, even though I am in the HR field.  Union organizing is a legitimate tool to provide employees a voice option and, at times, to enhance their working conditions and comp.  It does not scare me to think that card counting will be permitted.  It is already.  Organizations who do not institute communication mechanisms and fair pay and solid employee relations deserve the additional checks and balances this law would provide.  Conversely, companies that practice good employee relations and have competitive pay–or strong communication and employee culture so employees understand the challenges the company faces–should have nothing to fear. (50-99 employees, For profit, Midwest, Services, HR manager or director)

   EFCA would mean increased unionization which would mean a higher standard of living for working people, which would mean more income to buy goods and services, which would be a boom to the economy.  And, perhaps, CEOs would no longer be making about 400 times higher salaries than the average worker’s wage… (50-99 employees, Not for profit, Eastern U.S., Other, Other)

   Reply

3. The following are some of the survey comments from readers opposed to EFCA:
   
   With the globalization of business this bill would be a disaster to the overall future of the American economy. We must be able to compete on a global scale in order to remain an economically viable country. This viability is already starting to disappear and will only accelerate should this bill be passed. (100-499 employees, For profit, Southern U.S., Healthcare, Other)

    
   Will I am a professional I come from a union family and they don’t even want this bill passed.  Unions are no longer the working man’s friend. They are robbing them blind including their pensions and retirements. (Less than 50 employees, For profit, Southern U.S., Services, HR manager or director)

   We’re a specialized, retail business.  I don’t think a union would have any luck here. (Less than 50 employees, For profit, Midwest, Other, HR manager or director)

   We work on a collective environment.  I believe it works for groups like construction, miners, etc, but unions charge to much, protect very little, keep wages low, and take the voice out of the employees. (50-99 employees, Not for profit, Far West, Other, HR staff or paraprofessional)

   We need to bring jobs back to America in order to be the country we used to be.  Unionizing our country will be detrimental to our economy.  Businesses will continue departing from our country instead of returning.  Our President is focusing in helping small business growth, unionizing will drive businesses out of the country.  President Obama should not approve the proposed Free Choice Act, it will be his administration’s biggest mistake.  People in our great country need jobs not unions.  Businesses need to be more pro-employees, we should be able to offer better benefits as employers, including good salaries that at meet the real current inflation. Companies should be able to provide good health benefits and the government should give them good tax aid instead of demanding more and more taxes from small businesses.  We need to bring jobs back from Asia.  give less working visas to foreigners and give those job opportunities to our university graduated children, they will help to rebuild America.  Unions will not help with any of the aforementioned.  America should be way and above unionizing. (100-499 employees, For profit, Southern U.S., Finance, HR manager or director)

   We hire warehouse help–many non-skilled. Unionization would be prohibitively expensive especially in assembly line type packaging department. (Less than 50 employees, For profit, Eastern U.S., Other, Other)

   We have been surveying our employees for years and they generally tell us we are a great place to work. While we are in a decent position to prevent union organizing and are strengthening our supervisor training and employee relations efforts to further protect ourselves. (100-499 employees, For profit, Midwest, Other, HR manager or director)

   We have been conducting Positive Employee Relations training for our leaders since 2006, but equipped leaders with info/PowerPoint to address staff and explain significance of union authorization cards and EFCA. (Over 1000 employees, Not for profit, Southern U.S., Healthcare, HR staff or paraprofessional)

   We have a significantly larger (>100 employees) parent corporation that is probably aware but has good management/employee relationships. (Less than 50 employees, For profit, Midwest, Healthcare, Consultant)
   We fear the employee will not understand that he is actually signing up for the union.  He may think he will get a second chance to decide in an election as it is now. (100-499 employees, For profit, Midwest, Other, HR manager or director)

   We are developing pro-active manager and employee presentations on this issue to be delivered in the near future. (Over 1000 employees, For profit, Southern U.S., Manufacturing, HR manager or director)

   We are a Union state-Teachers, State employees, etc. and we are a state in 8 bil in debt-with our largest employers moving out of the state everyday and no new industry coming in.  Need I say more. (50-99 employees, Not for profit, Far West, Other, HR manager or director)

   We are a national company with 11,500 employees. This law is undemocratic and un American and would cause a significant deterioration in all aspects of the economy and society.  Even George McGovern is against it. People will take to the streets to stop it. (Over 1000 employees, For profit, Far West, , Other)

   We all ready have a union.  Dealing with the union is frustrating and promotes inefficiency in the workplace.  Does not much to increase the welfare of the employees in pay and benefits. (Over 1000 employees, Government, Eastern U.S., Other, HR staff or paraprofessional)

   Unless they can protect the privacy and security of employees from harassment from the Unions as well as an unfair employer, it robs employees of rights  they enjoy now. (100-499 employees, For profit, Far West, Other, Other)

   Unions will devastate this country if allowed to try to proliferate without a secret ballot. (Over 1000 employees, For profit, Eastern U.S., Services, HR manager or director)

   Unions will destroy some big businesses and this will send jobs outside the US. On the top of that it will destroy small businesses. (100-499 employees, For profit, Eastern U.S., Other, HR manager or director)

   Unions SERVED a purpose years ago. Now, they create hostility and unfairness, sticking up for those who don’t deserve the support. In MN the state unionized employees are draining the states’ budget. At the big auto manufacturers they have helped kill their own employers because they were unwilling to budge. (Less than 50 employees, Not for profit, Midwest, Services, Consultant)

   unions may have been a good thing at first, but now I think many employers with union employees are only getting the minimum that the union allows from their employees.  i.e., workers are not performing to their full potential because union says they don’t have to. (100-499 employees, For profit, Eastern U.S., Manufacturing, HR staff or paraprofessional)

   Unions in this region only collect dues, and if the County could deal directly the employees would actually be a head of the game.  Local governments do not need Unions and this bill would waste more time and money which could be spent on helping the employees in stead of paying dues, and having lawsuits. (500-1000 employees, Government, Midwest, Other, Other)

   Unions have outlived their purpose in today’s society.  We have laws that now protect the employee and no longer need unions with the only agenda to line the pockets of the top executives.  Strikes DO NOT HELP THE WORKING MAN. (Less than 50 employees, For profit, Southern U.S., Manufacturing, HR manager or director)

   Unions have outlived their needs (500-1000 employees, For profit, Midwest, Manufacturing, HR manager or director)

   Unions have gone from being helpful in issues of workplace safety and fair pay to a political, greedy monstrosity with a crippling effect on our country’s businesses and economy. (100-499 employees, For profit, Midwest, Other, HR manager or director)

   Unions have a place, especially when management fails to provide a safe, clean work environment where workers are heard and responded to. That being said, the elimination of he secret ballot is an absolute disaster for the American worker.  EFCA is a total misnomer and the legislation is totally misguided.  This will be dictatorship by a few, union organizers, over the many.  The tactic will be sign the card and I’ll buy you a beer.  Don’t sign the card an the beer bottle will still be used!  There is absolutely no “free choice” in this legislation. (Less than 50 employees, For profit, Eastern U.S., Services, Other)

   Unions had there time and place — when workers, including children and immigrants, were exploited.  That time has passed and now, unions have been at the root of many problems within industries, especially the auto industry.  Where else could a worker get continual pay increases for doing nominal jobs, get guaranteed benefits at no or low cost, and get guaranteed health coverage after ‘retiring’ from a company.  The time for unions is past… move on. (Less than 50 employees, For profit, Midwest, Other, HR manager or director)

   Unions are business killers (100-499 employees, For profit, Southern U.S., Other, HR manager or director)

   Unionizers don’t always play fair when trying to unionize a company.  They will tell workers to sign a union card if they are interested in higher wages and the worker doesn’t always know they will be signing up for a union or may be coerced by unionizers or fellow employees to sign the card.  That is why secret ballot elections are so important.  At the time when unions were first organized, there were very few laws to protect workers.  Today there are a variety of laws that protect workers so the primary reason people see for joining unions is for higher wages, but in a recession, union demand for higher wages may very well drive more business to move their operations offshore, resulting in fewer jobs for Americans.   Much of our manufacturing capabilities has already been outsourced to other countries.  The high wages paid to unionized auto workers and greatly contributed to the failure of the US auto industry. (100-499 employees, Not for profit, Far West, Healthcare, HR staff or paraprofessional)

   Unionization forced on businesses especially small businesses will destroy America, unions have outlived their need and now restrict employment and economic growth.  I had to be part of a union once and I hated it the whole time. DKB (Less than 50 employees, For profit, Midwest, Other, HR manager or director)

   Unfortunately, we are a union hospital  (two different unions).  I feel that the union and some of it’s demands are unrealistic.  Are patient account is down and we really do not need a full staff, but the union has turned a blind eye to are problem and insist that we keep a full staff even though we do not need them.  I also feel that if hospitals did not have unions there would be more money spent on the patients. (100-499 employees, For profit, Eastern U.S., Healthcare, HR manager or director)

   Unfortunately, employers hands are somewhat tied when it comes to giving their opinions about unions. Our company has union contracts and non union contracts. By far, those contract with no union representation have the happier workforce.  But what can an employer do, legally, in speaking with employees about unions? (100-499 employees, For profit, Southern U.S., Services, Other)

   Under EFCA employees may only here the out right lies from the union. Employers must educate their employees on the rights this takes away. EFCA’s entire website is a complete distortion. (Over 1000 employees, For profit, Far West, Other, HR manager or director)

   To not have the right to a fair, private , confidential election is very worrisome. For a union to be able to waltz into an organization, to not permit employer dialogue with employees and enroll employees into their union – horrific  (some democracy)- (Over 1000 employees, Not for profit, Eastern U.S., Healthcare, HR manager or director)

   Thought that this e-pinion was surprisingly soft on this issue and unions’ impact and partial contribution to our current economic problems.  They are not the only or most major culprit but they had their role and the union leaders are every bit as greedy and unethical as the CEOs you referenced.  There’s more than enough blame to go around, not that blame will solve this mess we’re all in.  I know this is an opinion voiced, but  it struck a cord with me and I felt that its certainly not indicative of where most HR people stand on unions, at least in terms of what they’ve evolved into today.  We’re in the trenches every day and because of that I think most of us share a much harder and more realistic view of unions and the havoc they wreak on American business.  The passing of this will be the final straw for our economy, in my opinion. (100-499 employees, For profit, Midwest, Manufacturing, HR manager or director)

   This would be devastating to most – we will be breeding just what the auto industries has done breeding employees who can’t work outside a job description, force overtime, loose creativity and that entrepreneurial spirit. (100-499 employees, For profit, Far West, Other, HR manager or director)

   This would be a disaster (50-99 employees, For profit, Far West, Other, HR manager or director)

   This would be a devastating blow to the American economy.  Unions inhibit growth, create inefficiency, breed discontent . . .  I could go on, but I won’t. (50-99 employees, For profit, Far West, Other, HR manager or director)

   This will basically ruin the small companies across our nation.  Unions are one reason for the push for manufacturing outside of the United States in the late 80’s and 90’s.  To get away from the inflexible Union Mentality. (100-499 employees, For profit, Midwest, Manufacturing, Other)

   This takes away one of the original freedoms for U.S. Citizens – the right to cast a vote without being bullied! (50-99 employees, For profit, Midwest, Manufacturing, HR manager or director)

   This legislation would be really BAD for an already hurting economy.   If employees treat their employees fairly and equitably, unions should have nothing to offer. (Less than 50 employees, For profit, Eastern U.S., Finance, HR manager or director)

   This legislation would be a TREMENDOUS detriment to America and the American workforce. (100-499 employees, Not for profit, Midwest, Healthcare, HR manager or director)

   This law takes away “the secret ballot” from workers,  opening up potential intimidation by unions in a scary way.  There was a reason why unions came into being and why they were at their height in the 1950’s; workers needed protections and representation which the unions provided due to lack of employee protection laws and HR departments. Unions filled a needed void while the void existed and were there because employees wanted them.  However, since the creation of the EEOC and other employee protections along with the onset of global competition in a big way beginning in the late 1970’s, early 1980’s, unions have become more of a burden and obstacle for organizations to survive and thrive (just look at the U.S. auto industry).  Unions tend to automatically create adversarial relationships between management and employees just by the fact they are there.  My stance is, if employees really wanted unions, they would get them.  For the most part, most Americans no longer see a need for the unions which is why membership has dwindled over the past 30 years.  Employees have gotten what they wanted, showing the result of freedom and the free market at work.  My opinion is the elimination-of-the-secret ballot act will take away individual freedom, interfere with our free market, and ultimately hurt this country. (Less than 50 employees, For profit, Midwest, Services, Consultant)

   This is the worst thing that could happen to a country that is already struggling through a recession. I left England in 1969 as the country was slowly becoming a “closed shop”. The effects of a unionized country were disastrous.  Managers need to get closer to their people on all levels and let them know that they care about them and their families. If employees feel that their needs and concerns are being addressed while at the same time they are treated with respect and kindness, companies have a good chance of fending off an organization attempt. Supervisors play a crucial part in broadcasting the employer’s message. Companies should make sure that supervisors are following through with the company’s philosophy. If that philosophy attracts a union, then the philosophy or the way it is manifested needs to be examined. (100-499 employees, For profit, Midwest, Manufacturing, HR manager or director)

   This is the worst most unfair short sighted legislation I’ve ever seen. This will lead to deeper layoffs and worse working conditions and will not benefits, employees, companies or other.  Just the union organizers will benefit. (Over 1000 employees, For profit, Far West, Services, HR manager or director)

   This is the most un-American, non-democratic piece of legislation that has ever been introduced in our history. Completely opens up the employees to union intimidation and misrepresentation. Just look at history. You should never give one side such absolute power as it corrupts absolutely. (Over 1000 employees, For profit, Midwest, Other, HR manager or director)

   This is the most dangerous piece of legislation to come around in a long time.  The Senate is the only place it can be stopped, and it is very uncomfortable and disturbing the number of Dems in the Senate makes this issue a real possibility. (Over 1000 employees, For profit, Midwest, Other, Other)

   This bill will hurt the American businesses! Workers will have rights taken away that they don’t understand will happen. This bill has got to be defeated. (Over 1000 employees, For profit, Southern U.S., Finance, HR staff or paraprofessional)

   This bill if passed will be detrimental to the US businesses, shifting more employment overseas. (Over 1000 employees, For profit, Eastern U.S., , HR manager or director)

   This Act as proposed would be the downfall of businesses.  In time, we would have more situations like GM, Ford, Chrysler. (100-499 employees, For profit, Midwest, Other, HR manager or director)

   There was a union employee at a local company who walked into work, clocked in, waved goodbye to his supervisor, and walked out.  When his supervisor told him he could not be paid for the time spent at home, the employee defiantly said, “Oh yes, I can!” and had the union representative come into the business, demand that they pay that employee for being home, and threaten to shut the business down if they didn’t pay the employee.  The business paid the employee.    This is the type of situation American businesses will face if this legislation is passed.  Eventually, this law will bring down many, many American businesses. (Less than 50 employees, For profit, Far West, Manufacturing, HR manager or director)

   There was a time in our country’s history that to protect the rights of workers and their environment unions had their necessity and value. In today’s times there are many state and federal laws in place that protect employees. Employees voluntarily work for company and the employer voluntarily employs them. Unions in this day and time are only “Business Destroyers.” Who are the winners in the end? Only the unions! (Less than 50 employees, For profit, Far West, Services, HR manager or director)

   There may still be a place for the unions but not in the general workforce.  Obama is becoming quite scary. (Less than 50 employees, Not for profit, Southern U.S., Other, HR manager or director)

   There is such a disconnect between people in this country now. The “entitlement” mentality that once was prevalent has switched over to an “injustice” mentality. Anything people can do they will do to bring attention to the injustice they feel is being done to them. The President himself is of this persuasion and this helps him and his cohorts with feeling justified in making the changes their proposing. Gay rights, pregnancy rights, FMLA rights, COBRA rights, union organizing rights, compensation rights, etc., etc. And, we are inundated with legal agencies to investigate, prosecute, arbitrate, every whim of injustice felt by any person. Everyone seems to be looking for someone to save them or protect them from the injustice so prevalent in our country, our business, our relationships. Unions, EEOC, OFCCP, Human Rights Organizations, Gay Rights Organizations, etc. are all there to protect and rescue people from a supposed injustice. We want equality and fairness but what’s the measure of equality and who can define it for us. Will race and gender issues be considered resolved now that we have a black man as Preesident and back to back female appointments to Secretary of State? Do we have the diversity representation we thought would solve our problems. Have all the agencies, laws, elected officials resolved the injustices in our world. We should have enough experience by now to know that they never will. We have lost the good old American Spirit of Independence. I can’t expect the world to change but I can change me. I can enroll in school and get a degree to get a higher paying job. I can look for a job where I am respected and treated with dignity. I can move to a different state where taxes are not as high. I can do just about anything to improve my situation. Or… I can gripe, complain, fight, accuse, sue, etc. against all others to get what I want when I want it and still not be happy. Until we get the Spirit of Independence back we will be inundated with people trying to make the world behave in an equitable manner…NOT. We all need to wake up and start singing a different song, cause this one of “What About Me” is never ending and is not working. (500-1000 employees, For profit, Far West, , HR manager or director)

   There is NO Free Choice in this bill.  This bill undermines the very basis of our constitution, free choice. Do you think a new employee will have the courage to say no to an organizer who is in their face intimidating them to sign a card? I don’t think so!  This is the worst piece of legislation to be proposed in my 28 years of HR experience. (100-499 employees, For profit, Midwest, Services, HR manager or director)

   There is a reason only about 10% of our country is unionized.  Perhaps once useful, the need for unions has come and gone.   This is a ploy by the union to grab foothold and dues (as they are a money-making venture after all).  If businesses are to succeed they need the flexibility to react to market forces and a benefit and wage structure that is in line with the market. Having to bargain over these issues does not lend itself to this easily.  Hopefully congress and the President are smart enough to see through this ploy. (100-499 employees, For profit, Midwest, Manufacturing, HR manager or director)

   The unions in this area do more harm than good to the hardworking employees.  They can’t be promoted, get merit raises, or be rewarded independently for their efforts.  You can only be promoted be seniority, not by knowledge or how hardworking you are.  So the deadbeat that does nothing all day and doesn’t care, can get the promotion because he’s been there longer.  Unions just don’t work for every industry. (50-99 employees, For profit, Eastern U.S., Other, HR manager or director)

   The unions have had their place in the past, but asking more for workers just to line their pockets is counter-productive in this economy.  I find it really amazing that they are not asking the auto workers to take pay cuts to save their industry.  I guess they didn’t learn anything from the Steel Industry. (100-499 employees, Government, Far West, Other, HR manager or director)

   The secret ballot is part of America.  This is the beginning of potentially losing the secret ballot in our country. (Less than 50 employees, For profit, Midwest, Manufacturing, HR manager or director)

   The Retail Industry would be affected a great deal as Unions have flexibility to ‘offer’ and ‘promise’ many things to get employees to sign a card. Union Reps have easy access to them with one-on-one promises that the employer can not refute unless they have the opportunity during an election period.    I believe it will impact American workers in a negative manner over time as American Business becomes less competitive due to Union Contracts in an environment that will be more and more global. The US Auto Industry is an example of what will occur with many more American Companies. (Over 1000 employees, For profit, Midwest, Other, HR manager or director)

   The free choice will be similar to Chicago elections (50-99 employees, For profit, Midwest, Services, Consultant)

   The EFCA is legislation put forth by the Unions to improve their cash flow.  What the act is directed to do is take away from workers the “privacy” of the secret ballot in supervised elections and replace it with thuggery and intimidation to sign the union card.  The only gain in the EFCA is the financial bottom line of unions and the amount of money available to pandering candidates for political office. (50-99 employees, For profit, Midwest, Finance, HR manager or director)

   The biggest thing about the proposed bill I disagree with is the loss of secret ballots. (50-99 employees, For profit, Midwest, Manufacturing, HR staff or paraprofessional)

   The biggest problem with this act is that unions are counting on ignorance and peer pressure to grow their numbers.  Since when in any election don’t we get the opportunity to look at both candidates and make an informed decision?  Since when is it okay to have someone else look over our shoulder when we’re in a voting booth?  It seems like a secret ballot should be a basic election right.  Labor argues that a secret ballot somehow turns an election to an employer’s side — that’s ridiculous.  If unions want to make it easier to organize, the “red tape” should be cut in the after-election timeframe — not cut off people’s rights to an informed decision and secret ballot on the frontend. (100-499 employees, For profit, Midwest, Manufacturing, HR manager or director)

   The air transportation business is weakening with less discretionary spending being used for leisure.  More union regulation will hamper quick response to an already difficult economic picture.  Politicians need to let the markets right themselves without pay-backs.  Do I hear Barack “Blagojevich”?? (Over 1000 employees, For profit, , Other, HR staff or paraprofessional)
   Terrible bill, terrible idea, typical democratic effort (Over 1000 employees, For profit, Midwest, Services, HR manager or director)

   Specifically, my employer has said he would shut his doors before he had a union telling him how to run his business.  This is not arrogance on his part.  He has poured blood, sweat & tears into this business & when the hourly workers are home with their families, he’s still at work trying to “figure things out”, especially in these tough economic times.  He eats, sleeps & drinks this company.  You show me any employee who comes even close to that.  Unions are very selfish entities these days & actually do not take the greater good or picture as a whole into account when pushing their agendas.  In essence, they have become their own corrupt corporate entities themselves. (Less than 50 employees, For profit, Midwest, Manufacturing, HR manager or director)

   So far the new administration seems to be focused on expanding government (stimulus packages, financial takeover), protecting workers (Ledbetter, COBRA, unemployment extension), empowering unions (EFCA), and screwing business. (50-99 employees, For profit, Midwest, Other, HR manager or director)

   Short term perhaps beneficial for employees but a disaster long term as it will hurt small businesses, the backbone of the economy. (Over 1000 employees, For profit, Far West, Finance, HR manager or director)
   Ridiculous potential law.  Only a thinly veiled attempt to proliferate union activity…to the detriment of business.  We are a fairly progressive small business…our employees would only be hurt by unionizing. (50-99 employees, For profit, Midwest, Other, Other)

   representation without secret ballot election can not be allowed. (Less than 50 employees, For profit, Far West, Other, Consultant)

   Putting the NLRB to work doing what they are supposed to do would go a long way toward fixing the problems EFCA is designed to fix.  Secret ballot elections are very important to the process.  So are timely negotiations once a union has been certified.  The NLRB has always had the tools in hand to accomplish these in a fair manner for employees. (Less than 50 employees, For profit, Far West, , Consultant)

   Personal experience have led me to believe unions are just a big political rip off to the employees. (Less than 50 employees, Not for profit, Far West, Healthcare, Other)

   Owning an HR consulting firm I speak to business owners and HR professionals every day…..still about 7 of 10 don’t know what EFCA is or have heard of it but know nothing about it.  Very unsettling given the huge impact it will have on business and HR. (Less than 50 employees, For profit, Eastern U.S., Services, Other)
   our owners would sell or close up shop if forced to unionize. it is terrible for our country, our employees and our free enterprise spirit in America. (50-99 employees, For profit, Southern U.S., Manufacturing, Other)

   Our DVDs center on “protecting your signature” and how just signing a Union card can mean the union is in without a vote (50-99 employees, For profit, Far West, Other, HR manager or director)

   Our company underwent a union organizing effort approximately two years ago.  While the union had enough cards signed to move forward with the secret ballot the results of the ballot clearly indicated the true employee opinion.  The NLRB determined the size of the bargaining unit to be 46 people.  All 46 people voted in during the secret balloting, of which only 5 people voted in favor of the union.  In this case the removal of the secret ballot system would have forced union representation onto the majority of employees when it was supported by only a small minority. (100-499 employees, For profit, Eastern U.S., Other, HR staff or paraprofessional)

   Our community lost every manufacturing company due to union control that was too costly; they moved to other states, leaving our community with nothing but fast food and retail as employment options (the low-paying end jobs).  The result was devastating to employees and left managers out of work, as well.  Unions in healthcare would make it difficult for us to terminate employees.  If employees don’t show up for work, our patients suffer.  Contact made to my representatives and senators (all Democrats) indicate they will vote for this measure (no surprise, there).  I believe Obama will as well.  One only need look at his spending policies, thus far, to realize he is out of touch and out of control. (100-499 employees, Not for profit, Midwest, Healthcare, HR manager or director)

   Our business is Marine Transportation.  This industry has a heavy union presence, but there are pockets of non-union operations.  I believe this is would have a negative effect on our business, as unions would collaborate on issues.  For instance, one of our contracts has over 80% benefits attached to the daily wage.  If this were to propagate across all of our fleet, we would be out of business within six months, given our present contract rates.  Given the issues with the automobile industry and their unions, its is hard for me to understand how Congress can see this proposal as a positive for the country. (50-99 employees, For profit, Midwest, Other, Other)

   OBAMA IS DESTROYING THIS COUNTRY (Less than 50 employees, For profit, Southern U.S., Other, HR staff or paraprofessional)

   Many more businesses will fold or go offshore or find other ways to circumvent this damaging movement. To try and cripple the free enterprise system will result in irreparable damage to the economy. (Less than 50 employees, For profit, Far West, , HR manager or director)

   Labor unions have hurt so many companies by outrageous contract language.  Higher and higher wages and benefit program requirements make it nearly impossible for companies to succeed.  An example of this in Boeing in the Seattle area and car manufacturers. (Less than 50 employees, For profit, Far West, Other, HR manager or director)

   I’ve witnessed up close the manipulation that organizers use to get cards signed.  It would be a major mistake for EFCA to pass.  Many people don’t understand the implications of this scary legislation. (Over 1000 employees, For profit, Southern U.S., Other, HR manager or director)

   I’ve always been non-union.  I think employees can better benefit by direct communication with their employer versus an intermediary union that they support through payroll deductions. (100-499 employees, For profit, Midwest, Finance, HR manager or director)

   It will not help, in fact will hurt, this countries businesses or the free enterprise system at all. (100-499 employees, For profit, Midwest, Healthcare, Other)
   It is my belief that many American workers will not understand that signing a card handed to them constitutes a ‘real’ union vote. Having seen some of the tactics used by the Union to intimidate people into recognizing them, if these same tactics or ‘misguided’ information is given to workers, they will be signing cards and thinking they still have a chance to vote again. Our company is currently the target of union picketing and the picketers and their leaders are very intimidating and aggressive in their approach.  The Company I work for has been in business for over 30 years and we do build quality buildings, pay our workers very competitive wages, give them benefits, etc. The Union picketers don’t even know what our employees have – yet they yell and scream that we pay unfair wages and our people are getting ripped off.  Why would anyone want to work for an organization that pressures people to join, intimidates those who don’t and yells and screams at non-union workers or even people who aren’t eligible to join the union? (50-99 employees, For profit, Far West, Other, HR manager or director)

   In my opinion, unions drive up cost by driving down workplace productivity.  This eventually hurts an employer’s competitiveness, which ultimately results in bankruptcy.  Everyone gets hurt. (Over 1000 employees, For profit, Southern U.S., Manufacturing, HR manager or director)

   In general I really think this act would hurt America more than help. (Less than 50 employees, For profit, Eastern U.S., Other, HR manager or director)

   In effect, the legislation increases both Fixed and Variable costs for any organization.  I am most concerned about the fixed costs.  The critical point is that the company break even point will shift due to these costs.  To stay even, the company has no choice but to either cut costs or increase revenues.  Cutting other costs means reducing workforce or increasing assets to produce more, and that can only be done by adding to fixed costs of all kinds, including debt service.  In other words, it has the same effect as suddenly seeing a variable rate loan go from 8% to 15%.  All firms will see a drop in margins.  Those without adequate margins today will go under or cut back to where there is still some profitability.  Economies of scale work in growing economies because the additional fixed costs are covered by contribution.  When that economy goes south, those fixed costs are an enormous burden not easily shed.  If I cannot shed my variable costs, I am forced to Chapter something.  Legislating wages and benefits outside of normal market forces of supply and demand, OR creating a climate of cost uncertainties, stifles economic growth at just the wrong time. (Over 1000 employees, For profit, Midwest, Services, Other)

   I’m scared to death about this.  I am part owner.  Have gone to a seminar.  Would like to start education but don’t know how far to go with the education. (Less than 50 employees, For profit, Midwest, Manufacturing, HR manager or director)

   I’m also an owner of this entrepreneurial business.  Given our economy and the increasing global nature of competition, laws like this will have a significant impact in reducing our standard of living.  This is already happening with the demise of the auto industry resulting from their contracts with the UAW. (Less than 50 employees, For profit, Southern U.S., Other, HR manager or director)

   If the Employee Free Choice Act passes then the entire NLRA should be amended.  How is it that cohesion can be legal in getting Associates to sign Authorization Cards and how is it that there is no expiration date on Authorization Cards?  Look at the automotive industry.  How have unions helped American Workers and American Business long term? (Over 1000 employees, For profit, Midwest, Services, HR manager or director)

   If employees do their research they will find that other like companies that have unions actually earn less money.  As this is a human service agency the impact this could have on our ability to immediately respond to personnel concerns would significantly impact the safety of our clients. (100-499 employees, Not for profit, Eastern U.S., Other, HR manager or director)

   I would like to start a communication RIGHT NOW, but our corporate office is waiting and watching. The current law provides for fair elections—what’s wrong with that?   Employees should know what the ramifications of signing a card would be; we need to tell them. (100-499 employees, For profit, Southern U.S., Manufacturing, HR manager or director)

   I would hope that ratification would require more than simply signing a card.  Often times employees will sign a card upon being asked with the full intent of not becoming apart of an organizational drive. (Less than 50 employees, For profit, Midwest, Manufacturing, Other)

   I worked in a union environment for 10 prior to my current position/employer. In my experience, unions breed mediocrity amongst employees and tie the hands of employers who have employees that have issues with performance, breach of policy, etc. (50-99 employees, Not for profit, Eastern U.S., Finance, HR manager or director)

   I think this is good for employees/group who want it.  However, the way it works in my state is the “minority rules” process. Employees who sign cards get to be in the union even if they are the minority of all similarly situated (same type of work or community of interest) employees in an organization.  Then the union petitions case by case or group by group for the certifying governmental authority to add the remaining majority of employees to the bargaining unit.  The majority of employees who don’t want to be part of a union don’t have a say in the matter even though they voted against by not signing a card. (Over 1000 employees, Government, Eastern U.S., Education, HR staff or paraprofessional)

   I think there was a time when we needed unions.  With today’s employment and wage laws, there is absolutely no reason for it.  This is just a ploy for the unions to make money.  I think it will hurt employees rather than  help them. (Over 1000 employees, For profit, Southern U.S., Manufacturing, HR manager or director)

   I think it would be a disaster for American businesses – look at GM, Chrysler and the steel plants before them.  Unions have many of the same issues that companies do, including greed and corruption.  I agree that the best thing to do is to investigate problems, communicate with employees, recognize and reward employees – it isn’t all about money.  We are in pretty good shape, but I don’t kid myself – tomorrow I could be looking at an organizing campaign and I know from experience that it isn’t pretty! (500-1000 employees, Not for profit, Midwest, Healthcare, HR manager or director)

   I seriously hope this doesn’t happen!  I think most small companies are fair to their employees and offer benefits if they can afford it.  I believe many small companies will not survive unionization… so jobs are lost. (50-99 employees, For profit, Far West, Other, HR manager or director)

   I have no problem with workers trying to unionize, but I feel it should be fair to all sides (employees and employers).  I believe there should still be secret ballots so an employee does not feel they have to sign the card even if they really don’t want to, but feel pressured to do so because the person is standing there waiting for them to sign it.  We have the right to vote for our elected officials in private and should have the same right to do so for labor union organizers.  The company should also be allowed to present their side of the story (again, no heavy handedness; just info).  There should be balance from both sides; no harassment.  The way this is currently proposed, the employer would have no rights.  For business to operate effectively there has to be a balance between employer and employee.  If you shut down communication, things only get worse; not better.  I believe if unions make inroads where there have never been any, you will see companies digging in their heels and then they will play hardball when it comes to negotiations and will not be as open with employees or as generous as they may have been in the past.  The employer may feel betrayed if they have treated their employees well and they vote for a union because they think they will get more money for them.  Regardless if these are businesses, they are run by human beings (owners to employees) and those emotions will come into play regardless of how they try to prevent it from happening. (50-99 employees, For profit, Eastern U.S., Services, HR manager or director)

   I don’t want to be dictated and forced to join a union. It would be a down fall for this country even more than it already is. (50-99 employees, For profit, Far West, Other, HR staff or paraprofessional)

   I don’t believe in this era we need unions.  We have federal and state laws that protect employees.  I believe many of them foster poor performance, especially in the education field. (100-499 employees, Not for profit, Southern U.S., Education, HR manager or director)

   I consult to small businesses.  Most owners I work with have no concept of the EFCA to say nothing of the implications such a law would bring to their business.  I spoke with one employer to educate her on this issue. She has 150 employees and her response was that she’d more than likely decide to close the doors to the business because she knows she couldn’t afford to stay open. (100-499 employees, For profit, Southern U.S., Services, Consultant)

   I come from a union family and I watched the unions ruin my dad and grandfather’s future.  I was in a union at my last job and became a union steward.  I wanted to understand how they work from the inside.  I watched people get passed over for permanent jobs in their department because they were comparing apples to oranges but the union said it was for the great good.  I went to Grad School and concentrated on Unions my first year so I may be able to help others avoid “for the greater good” excuse. (500-1000 employees, Not for profit, Midwest, Manufacturing, HR staff or paraprofessional)

   I can’t say anything that is appropriate…Obama is very scary. (500-1000 employees, For profit, Midwest, Other, HR manager or director)

   I believe that unions are a thing of the past.  In a fast changing environment, they are an albatros around the necks of companies and no longer serve a purpose.  Public Employee Unions in the state of California are working to bankrupt our state with their political influence, demands, inflexibility and their retirement programs. (Less than 50 employees, For profit, Far West, Finance, HR manager or director)

   I am not opposed to unions where there is  poor treatment of employees.  I am opposed to this act because it does not allow for debate and secret ballot. (Over 1000 employees, For profit, Southern U.S., Healthcare, HR manager or director)

   HR is concerned.  The rest of the company does not seem to really care at this time.  More worried about the bottom line today rather than potential problems in the future.  Most unfortunate. (Over 1000 employees, For profit, Midwest, , HR manager or director)

   How can you expect to keep an employee if you cant pay them based on their experiences and knowledge of there job. (50-99 employees, For profit, Far West, Other, Other)

   Have not begun to communicate…not want to stir things up by making mistakes. In our industry, as you mention above, this will kill the agility of the company to react to economic fluctuations.  Unless we adopt more of a European model, a partnership with unions,  we better get used to the 10 percent unemployment this bill may bring. The days of anyone having a non-union shop will be over. (500-1000 employees, For profit, Midwest, Healthcare, HR manager or director)

   Giving unions more power than the employer will dramatically hurt businesses ability to grow, restrict their ability to be competitive, increase costs of doing business and ultimately force higher prices to consumers. (Less than 50 employees, For profit, Midwest, Other, Other)

   Further unionization will continue to drive business out of the USA and into areas where they are not so stifled by union demands. (Less than 50 employees, For profit, Midwest, Services, HR manager or director)

   Free choice?  Not when the union organizers can twist arms and other employees can use peer pressure to get employees to sign the cards!  Secret ballot is the only way to ensure free choice. (Less than 50 employees, Not for profit, Far West, Other, Other)

   Employee engagement is critical to fend of this act and to keep your employees aware that they will be giving their money to others to represent them.  Companies need to encourage communication and engagement and be the place that their employees go to for information and support. (Over 1000 employees, For profit, Southern U.S., Services, HR manager or director)

   EFCA would cause many employers (including us) to move jobs oversea. (500-1000 employees, For profit, Eastern U.S., Manufacturing, HR manager or director)

   EFCA is bad for the US economy. Taking away the employer’s right to request a private election is biased towards unionization and would be catastrophic for companies. (50-99 employees, For profit, Eastern U.S., Healthcare, HR staff or paraprofessional)

   EFCA is a horrible law.  The fact that they call it a Free Choice act is such a farce.  Employees will have no choice and that goes against everything that our country is about.. (Over 1000 employees, For profit, Far West, Other, HR manager or director)

   Due to the economy many companies are forced to make tough business decisions including layoffs, reduced benefits, etc., which could make EFCA very bad timing for employers.  Employees who may not fully understand the ramifications of EFCA may think (incorrectly) that a union would keep their jobs, increase their wages and give them better benefits. Certainly the unions will tell them that.   After all, that worked out really well for the autoworkers, didn’t it?  It’s a tough time for employers when the unions can say anything they want (they are not called to task for spreading “untruths”), and employers are sanctioned for any small misstep.  This could put many companies out of business for good. (100-499 employees, For profit, Southern U.S., Manufacturing, HR manager or director)

   Denying employees the opportunity to vote by “secret ballot” makes a travesty of the democratic process. (100-499 employees, Government, Far West, Services, HR manager or director)

   Businesses don’t like unions. That is apparent by how many large businesses have left our country to save money on wages, etc. Unions help raise wages and secure jobs. Employers who do the right thing don’t have anything to worry about, those that are not people orientated aught to worry. (Over 1000 employees, Government, Southern U.S., Other, HR staff or paraprofessional)

   Based upon EFCA being driven by liberals, I find it hard to believe they are proponents of striving to turn around the economy as we know that unionization will only hurt companies. They will drive more outsourcing to foreign countries (500-1000 employees, For profit, Midwest, Manufacturing, HR staff or paraprofessional)

   At their inception, unions provided a useful service in protecting workers.  Now, they have handicapped our companies and our competitiveness in the world market, and made a few wealthy.  They have long since outlived their usefulness. (Less than 50 employees, For profit, Far West, Manufacturing, HR manager or director)

   At one time Unions were very beneficial to our country.  Currently Unions are not helpful to our economy or America. (Over 1000 employees, For profit, Far West, Other, Other)

   As a manufacturer, we would lose our flexibility to move our employees around.  If we were to unionize, our corporate headquarters would shut us down and move manufacturing to Mexico or Korea (100-499 employees, For profit, Far West, Manufacturing, HR manager or director)

   An undemocratic process that takes away the right to vote and will deprive workers of the right to join or not joint when Unions use their historic organizing and coercing tactics. (Over 1000 employees, For profit, Midwest, Other, HR manager or director)

   America is finding out that unions getting as much as they possibly can for their members from employers is not always in anyone’s long-term best interest, yet the UAW still pushes the EFCA, citing their ability to organize auto workers in the South and “get them more money.” Don’t they learn?!? Unions had their place back in the day of Norma Rae when employees needed protecting. Unions now seem to be more about breaking the employers’ piggy banks than protecting anyone. They still don’t understand that a company with cash reserves is a company that can hire more workers and grow. As they say, those that do not heed history are doomed to repeat it. Sad. Even sadder for America. (50-99 employees, For profit, Far West, Services, HR manager or director)

   A union is a business that is also trying to survive.  There is a huge lack of understanding of what a union does and means to the worker.  In fact, the worker is incidental – today – to the power and financial goal of a union.   Their influence & development in the past helped all employees with the laws that now take care of most of what a union still says it needs to do.  Not true.  Power and money to survive is the goal (with the exception of a few employers that deserve to be unionized) (500-1000 employees, For profit, Far West, Other, HR manager or director)

   Reply

4. The following are some of the survey comments from readers whose position on EFCA was not clear:
   
   We are already organized – USW. (500-1000 employees, For profit, Eastern U.S., Manufacturing, HR manager or director)

   We are a Union shop.  In fact we administer Taft- Hartley Trust Funds; both Pension and Health. (Less than 50 employees, Not for profit, Far West, Other, HR manager or director)

   Trust between Management and the workers is the most important element in whether the workers want to organize or not. If the workers feel that Management has been true to their word and has treated them fairly, then there is no need for Unions. (50-99 employees, For profit, Eastern U.S., Manufacturing, HR manager or director)

   Right now, just trying to survive….business is off by 40%, no overtime, no hiring for foreseeable future (100-499 employees, For profit, Southern U.S., Manufacturing, HR manager or director)

   Reviewing alternatives with legal council. (Over 1000 employees, Not for profit, Midwest, Healthcare, HR manager or director)

   People only hear what they want to hear and disregard the facts.  We need to encourage everyone to listen and then research to determine if the spoken word matches the written proposals. (50-99 employees, For profit, Eastern U.S., Education, Other)

   It will be interesting to watch how the economic downturn impacts the future of the EFCA… (500-1000 employees, For profit, Midwest, Healthcare, HR manager or director)

   I’m looking forward to reviewing your attitude survey, this may be what we need to get the communication ball rolling with our employees. (100-499 employees, For profit, Eastern U.S., Services, HR manager or director)

   if passed the law would allow for secret ballots if requested.  Please pass on correct information not just part of the law. (Over 1000 employees, For profit, Eastern U.S., Other, Other)

   I work for Denny’s, how to improve employee communication? and how to get them to understand to give better service or loose there jobs (Less than 50 employees, For profit, Far West, Services, Other)

   I try to encourage training and communication. However, company leadership wants to take the dangerous “wait and see” attitude. (100-499 employees, For profit, Eastern U.S., Other, HR manager or director)

   Reply