Arguments in Support of EFCA are Misleading

Several HARDI member have received the following boilerplate response from their legislators who support the Employee Free Choice Act:

The Employee Free Choice Act proposes changes to the National Labor Relations Act of 1935 that would allow the National Labor Relations Board (NLRB) to certify a union when a majority of employees sign authorization cards designating the union as their representative. If instead the employees want to organize by holding an election, it is their choice, and an election will be held.

It is important that all workers and employers understand how misleading this argument is.

Facts: EFCA clearly states (emphasis for clarity): "If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a)."

This legislation clearly and simply states: "the Board shall not direct an election."

Rhetoric from EFCA’s supporters claiming employees can still chose an election ignores the reality of union organizing campaigns. Professionally trained and compensated organizers collect and control the signed authorization cards. There is no incentive for these organizers to inform workers of the ability to organize via the secret ballot or practical method for employees to force the organizers to request an election. The reality is that once a majority has signed the cards, there will be no secret ballot election, and the union is recognized by the National Labor Relations Board. Major national newspapers—including the USA Today, Wall Street Journal, Boston Globe and Washington Post—have seen through Big Labor’s rhetoric and concluded that EFCA would effectively eliminate the secret ballot election process in union organizing drives.