Employee Free Choice Act
The acronym for what could become the biggest labor law change in the nation in 70 years is "EFCA."
Pronounced ef' ka, the Employee Free Choice Act is controversial.
Some businesses and corporations say the legislation gives unions an unfair advantage. Some union supporters say the proposal helps give workers equal footing with employers.
Endorsed by President Barak Obama, the legislation was introduced in Congress in March.
It passed in the U.S. House of Representatives and is expected to be debated this year, possibly this summer, in the U.S. Senate.
Ileen DeVault, labor history professor, and Richard Hurd, industrial and labor relations professor, both at the ILR School, explained basics of the legislation:
What is the Employee Free Choice Act?
"EFCA" is the proposed Employee Free Choice Act, introduced in Congress earlier this year. It would change fundamental aspects of the federal law which governs how a union is started at a worksite.
How significant is EFCA?
If it is passed by the U.S. Congress, it could be the biggest labor reform since the Taft-Hartley Act was passed in 1947.
Who would EFCA directly affect?
EFCA could potentially affect thousands of private-sector workers and organizations. It could also affect the role of unions in the American workplace.
Why is EFCA controversial?
The EFCA debate, heating up in Congress, has provoked an ideological discussion on the roles of workers, employers, unions and business in American society.
A key tenet of EFCA is "card check." What is card check?
Card check is signing a card to indicate you want a union. Under EFCA, a union can be "certified" – approved – by the National Labor Relations Board if a majority of workers signs union authorization cards.
Would secret ballot election through the National Labor Relations Board remain an option under EFCA?
Yes. The mechanism through which most American unions are currently certified would still be available. However, if a union secured majority support through card check, no election would be necessary.
EFCA would toughen penalties against employers who break the law. How so?
Employers found guilty of illegally firing an employee due to unionization activity are now required to pay back wages to the employee. Wages earned at another job during the period of discharge are subtracted from what the employer must pay. EFCA would increase that penalty to triple the lost pay and add a civil penalty of up to $20,000 per violation.
How would EFCA change the timing of a "first contract" to follow unionization?
The proposed law would give employers and workers 120 days to reach a contract. After 120 days, a federal arbitrator would set contract terms. Currently, there is no legally mandated first contract deadline. Some first contracts are delayed for years. In recent years, about 40 percent of successful unionization elections have not led to collective bargaining agreements.
The National Labor Relations Board would continue, under the EFCA proposal, to oversee unionization efforts?
Yes. The board's five members are appointed by the president, and then approved by the Senate, for five-year terms. The members are assisted by 33 regional directors. The board's responsibilities include conducting elections for union representation, and investigating unfair labor practices.
What percentage of the work force is unionized?
About 12.4 percent of American workers belong to a union. In the private sector, about 7.6 percent of workers are unionized. In the early 1950s, nearly one in three Americans belonged to a union.
Where can I read the full text of the EFCA legislation?
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.1409:
Director of Labor Education Research Kate Bronfenbrenner and Professor Ileen DeVault describe how proposed law would impact the workplace.