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"CARD CHECK" - An attack On Our Secret
Ballot Rights
There is a silent killer lurking in the
wings of Congress, ready to attack the small business
community. There is a piece of legislation that will completely
rewrite how small business is conducted in the United States.
Your employees will no longer be able to hear from you regarding
matters that affect their jobs. Half of your employees will
lose their right to speak up for themselves. As a business
owner, you will lose the ability to give your employees raises
for a job well done, provide health care benefits you can afford
and discuss workplace standards with your employees in order to
meet their needs. How can Congress even consider a bill that
sounds this bad? Simple - call it the Employee Free Choice
Act.
The Employee Free Choice Act, or "Card
Check," is an attempt by unions to make it easier to
organize small business. Think your business is not in danger
of being unionized? Think again! In 2005, 2,649 secret ballot
elections were conducted by the National Labor Relations Board
(NLRB) to decide upon representation, more than 20 percent
involved workforces of fewer than 10 employees and 70 percent
involved workforces of fewer than 50 employees. The Employee
Free Choice Act (EFCA) contains zero exemptions for small
business.
The main provision of the "Card Check"
bill is the virtual elimination of the secret-ballot process for
unionization. The option to conduct a secret-ballot election
will still exist, but would be completely ruled out if a union
gathers enough signatures from your employees to have a 50
percent plus one majority. If half of your employees sign a
card authorizing union representation the NLRB is precluded from
conducting a secret-ballot election, and you are on your way to
contract negotiations.
If EPCA is passed, and a union gathers the
number of signatures needed, you will be forced to the
negotiation table within 10 days of the final employee’s
signature. From there, a complete contract must be established
in 90 days. If no contract is agreed to in 90 days, then there
will be 30 days of mandatory mediation. If there is no contract
agreed to in 30 days then a federally-appointed arbitrator will
determine the terms of a two-year contract to which there is no
right of appeal. Your business will be a union shop and, under
EFCA, you would not have any right of appeal and be barred from
saying one word to your employees.
Currently, if a union wants to organize your
business they would have to involve the NLRB in order for a
secret-ballot election to take place. There would be a period of
time before the election for both "candidates" to make their
case and gain support at the ballot box. You would be able to
discuss with your employees the impact unionization would have
on your business. You would be able to express your opinion of
unions and share experiences you may have had dealing with them
in the past. Those same conversations with your employees could
cost you thousands of dollars if EFCA is passed.
Under EFCA, any communication with an
employee by an employer regarding unionization would be
considered an "unfair labor practice" and carry with it a
$20,000 fine for each instance. To put it another way, if you
hold a staff meeting and explain to your 10 employees the
harmful impact a union would have on your business you would be
open to a $200,000 fine. Your free speech rights would be
completely stripped by the Employee Free Choice Act, or more
appropriately, the "Small Business Intimidation Act".
Where is the
Employee Free Choice Act Now?
An attempt was made in 2007 during the 110th
Congress to pass EFCA. It cleared the House of Representatives
in record-setting time (15 days) by a 241 to 185 vote. The bill
later died in the Senate when it could not muster enough votes.
Congress adjourned on January 3, 2009 and the business community
was safe from the Employee Free Choice Act for exactly three
days.
On March 10, 2009, the House bill was
introduced by Rep. George Miller (D-CA-07) and has 222
co-sponsors including our own SC Congressman James Clyburn.
What can the
small business community do to stop EFCA?
With forces lining up to pass EFCA the small
business community must get engaged, today! Write to your
federal legislators and tell them what EFCA means to you.
Explain what would happen to your business if you lost your free
speech rights. Describe the lasting effect of having your labor
costs set by a federally-appointed arbitrator.
The Employee Free Choice Act is the number
one job-killing piece of federal legislation the business
community will face in 2009. It will strip away rights from
your employees. The business community must get engaged.
Contact your Legislators today to
OPPOSE this job-killing legislation.
Contact your Congressional Leaders
Today! You may click on the link under each Legislators
contact information and send an e-mail directly to their office
or they may be reached by mail or phone. If the link doesn’t
open, just copy and paste in your browser.
Office of Senator Jim DeMint
Office of Senator Lindsey Graham
United States
Senate United States
Senate
340 Russell Senate Office Building
290 Russell Senate Office Building
District of Columbia
20510 District of Columbia 20510
Office: (202)
224-6121 Office: (202)
224-5972
http://demint.senate.gov/public/index http://lgraham.senate.gov/public/index
Office of Representative Henry E. Brown,
Jr.
United States House of Representatives
103 Cannon House Office Building
District of Columbia 20515
Office: (202) 225-3176
http://brown.house.gov/Contact/writebrown.html
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