The current system of forming unions in the United States is broken. Over 60 million workers state that they would join a union today if they could, but most of these workers are deprived of the opportunity to collectively bargain for a fair contract because employers routinely break the law without repurcussion. The Employee Free Choice Act is a bipartisan piece of legislation that will level the playing field for workers who wish to join a union and have a voice at work. Initially introduced to Congress by Senators Edward Kennedy (D-MA) and Arlen Specter (R-PA), as well as Representatives George Miller (D-CA) and Peter King (R-NY), this Act serves to restore power and dignity to the American worker in three ways:

Certification on the Basis of Majority Sign-up
Authorizes the Union to serve as bargaining representative to the workers, providing the majority of them have signed cards in favor of the authorization. Written Majority Authorization is by far the fairest way for workers to join a union, because it gives them the freedom to choose without being subjected to illegal threats and intimidation from their employer in the run-up to an election.

First Contract Mediation and Arbitration
If the employer and the union are unable to agree on a contract within the first 90 days of negotiation they may refer to the Federal Mediation and Conciliation Service (FMCS). If mediation is unable to result in a contract after 30 days, the issue will be referred to arbitration. The results of the arbitration will be binding to both the union and the employer for a minimum of two years.

Stronger Penalties for Violations While Employees are Attempting to Form a Union or Attain a First Contract
Provides additional penalties for employees and employers who violate the National Labor Relations Act during any period where employees are trying to form a union or negotiate a first contract. These penalties include:
 
Civil Penalties
Fines employers up to $20,000 for willfully and repeatedly violating the rights of their employees during an organizing campaign or first contract drive.

Treble Back Pay
Increases the amount that an employer must pay when an employee is discharged or discriminated against during an organizing campaign or first contract drive.

Mandatory Applications for Injunctions
Just as the National Labor Relations Board (NLRB) is required to seek an injunction against a union that violates the Act, this provision would require that the NLRB treat employers the same way. The NLRB will seek an injunction against any employer who significantly interferes with employee rights during an organizing campaign or first contract drive.

Why working families need the Employee Free Choice Act
Union workers are paid 30% more than non-union workers on average, and are more likely to have healthcare and pensions. This is why surveys have shown that the majority of Americans want to join a union. The freedom to join a union is not only a fundamental right, but is also the best way to fight for economic justice. More union members means a bigger, stronger middle class, less poverty, fewer families with no health insurance, and a higher standard of living for working men and women.

The current union authorization system leaves the power heavily in the hands of employers. Employees attempting to organize under the current system are frequently subjected to anti-union rhetoric, harassed, and in many cases even lose their jobs. Their rights are often violated because the current penalties for employers are extremely weak and seldom enforced. The Employee Free Choice Act strengthens these deterrents, and also uses a system less susceptible to exploitation. Workers who have used the written majority authorization system have overwhelmingly reported it to be preferable to the current NLRB voting procedures. Under the written majority system, workers feel less pressure from employers and from pro-union co-workers, making it a much fairer process.

The Current System is Broken:

 - 25% of employers illegally fire at least one worker for union activity during organizing campaigns.

 - 78% of employers force employees to attend one-on-one meetings against the union with their own supervisors.

 - 92% of employers force employees to attend mandatory closed door meetings against the union.

 - 82% of employers will hire a firm that specializes in union busting. You can learn more about the shadow industry of "union avoidance" by clicking here.

What is the status of the EFCA?
The Employee Free Choice Act passed in the House of Representatives in 2007, and gained a majority of votes in the Senate, but did not have the 60 votes necessary to defeat the filibuster of Senate Republicans. President Bush also threatened to veto the Bill, if passed. However, the fight for the Employee Free Choice Act is not over. Workers' around the country are working hard to ensure the Bill's passage by widening the Democratic majorities in the House and Senate in 2008, and electing Barack Obama as President, who has pledged to sign the bill into law. Senator John McCain opposes the bill and voted to prevent the Employee Free Choice Act from coming to a full vote in the Senate. To learn more about the positions of the two major party candidates for President, click here for Senator McCain and here for Senator Obama. With anti-worker Republicans ousted, the Employee Free Choice Act could become law by 2009.

The AFL-CIO and union members from around the country are already mobilizing for the fight to pass the Employee Free Choice Act in 2009. You can help by joining the Million Member Mobilization, and becoming one of the million-plus union supporters who pledge their support of the Employee Free Choice Act by signing this online petition. The signatures will be presented to the incoming President and Congress in January 2009, urging them to pass the Employee Free Choice Act expeditiously.

If you would like more information on the Employee Free Choice Act, please follow these links:

See which Massachusetts legislators have pledged their support for the EFCA

visit www.employeefreechoiceact.org

www.americanrightsatwork.org/takeaction/efca/

Written Majority Authorization is now on the books in Massachusetts, allowing public employees to join unions by achieving majority support in writing. Read more about this landmark law and watch video of Governor Patrick signing it into law here.