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EFCA Employee Free Choice NO Surrender NO Retreat!

by Steve Maritas SPFPA IU Organizing Director Wednesday, Apr. 08, 2009 at 8:47 AM

Sen. Specter, Feinstein, Lincoln Now Opens The Door for The Employee Free Choice EFCA Labor Reform Compromise Bills



By: Steve Maritas International Organizing Director for The International Union, Security, Police and Fire Professionals of America (SPFPA) www.SPFPA.Org

Sen. Specter, Feinstein, Lincoln Now Opens The Door for The Employee Free Choice EFCA Labor Reform Compromise Bills

While many Corporate Front Groups such as the Coalition for a Democratic Workplace, Save our Secret Ballot and U.S. Chamber of Commerce are celebrating the news that Sen. Blanche Lincoln won't support the EFCA bill in its current form joining two past supporters of a similar bill -- Sens. Dianne Feinstein, D-Calif., and Arlen Specter, R-Pa. -- who both said they would not vote for the legislation in its current form, their victory is once again short lived!

In its current form The Employee Free Choice Act (EFCA) is legislation in the United States which aims to "amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes by FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS and STRENGTHENING ENFORCEMENT.

When corporate front groups talk about the Employee Free Choice Act (EFCA)they target only the bill itself. However the EFCA is just not about majority signup, binding arbitration, and strengthening enforcment.

In principle The Employee Free Choice Act (EFCA) stands for much more. Its about fixing a broken system, leveling the playing field for workers who wish to gain a voice on the job, RESPECT, Job Security, Better Benefits, Higher Wages and Better Working conditions and much more. It represents the workers struggles and the middle class trying to acheive a better life for them and their families.

In any shape or form The Employee Free Choice Act (EFCA) stands for Labor Reform!

Under its current form EFCA looks at only three areas of change. Under a EFCA Labor Reform Compromise Bill we will now see many areas which have yet been put onto the table for discussion such as:

Dual Membership Cards allowing the employee to decide how his or her union membership card is to be used. Either by a Secret Ballot Election or under the EFCA majority signup process. Press Here for More Information



Allowing "Neutrality Agreements" whereby an employer agrees to stand neutral "Not For or Against" a union's attempt to organize its workforce. In return a "Secret Ballot" Election must be held for certification under this process.

An alternative to the 50 plus 1 is to make it 60 percent for certification.

To amend the National Labor Relations Act to require employers to provide labor organizations with equal access to employees prior to an election regarding representation prior to any organizing drive to see if such employee wish a desire to be represented by a labor organization or individual.

Authorizing the NLRB to impose treble back pay without reduction for mitigation when an employee is unlawfully fired.

Conduct quicker elections rather than 42-day period.

Prohibit the use of anti-union consultants as persuaders once an election is filed or notice to an employer by a union is sent.

Prohibit mandatory union-busting meetings by an employer. All meetings would now be voluntary for both sides.

Modify the NLRA to give the court broader discretion to impose a Gissel order on a finding that the environment has deteriorated to the extent that a fair election is not possible.

On a finding that a party is not negotiating in good faith, an order may be issued establishing a schedule for negotiation and imposing costs and attorney fees.

Broaden the provisions for injunctive relief with reasonable attorneys’ fees on a finding that either party is not acting in good faith.

Last best offer" arbitration of contract terms.

Authorizing the award of reasonable attorneys’ fees on a finding of harassment, causing unnecessary delay or bad faith.

Putting a time limit for objections to be heard and resolved.

Demanding a Secret Ballot Election before an employer can pull recognition(Presently an Employer can do this without a "Secret Ballot" Election.

Eliminating Right to Work laws or having those employees who wish to be part of the union and covered by a collective bargaining agreement in a Right to Work be the ones who are entitled to the benefits of the collective bargaining negotiated by the union.

In conclusion the Employee Free Choice Act EFCA is far from dead!

Senator Specter said it best when he signaled a receptiveness to possible amendments to the National Labor Relations Act ("Act") that purport to remedy what he perceives as defects in the current system. In fact, he's detailed several of the changes he'd like to see.

Based on Sen.Specter, Feinstein, and Lincolns' actions they have now Opened the Door for The Employee Free Choice EFCA Labor Reform Compromise Bills, which are much stronger then in its current form giving new life to the Employee Free Choice Act EFCA Labor Reform Movement - NO Surrender NO Retreat!

Realated Articles: Thinking Outside The Box to Get The Employee Free Choice Act EFCA Passed Press Here

LABOR: "WE'RE ESCALATING" ON EMPLOYEE FREE CHOICE. Press Here

Tags: Corporate Front Groups, Coalition for a Democratic Workplace, Sen Specter, Sen Feinstein, Sen Lincoln, Employee Free Choice, EFCA, Free Choice Act, Free Choice, Employee Free Choice Compromise, EFCA Compromise, Labor Union, Unions, Steve Maritas, SPFPA
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