The Employee Free Choice Act was introduced as bipartisam legislation by Sens . Edward Kennedy (D-Mass) and Reps. George Miller (D-Calif.) and Peter King (R-N.Y.) 

     1.  Certification on the Basis of Majority Sign–Up

Provides for certification of a union as the bargaining representative if the national labor relation board (NLRB) finds that a majority of employees in an appropriate unit has signed authorization designation the union as its bargaining representative. Requires the board to develop model authorization Language and procedures for establishing the validity of signed authorizations.

2.  First  Contract Mediation and Arbitration

Provides that if an employer and union are in bargaining for their first contract and are unable to reach agreement within 90 days, either party may refer the dispute to Federal Mediation and Conciliation Service (FMCS) for mediation .If the FMCS is unable to bring the parties to agreement after 30 days of mediation, the dispute will be referred to arbitration, and the results of the arbitration shell be binding on the parties for two years. Time limits may be extended by mutual agreement of parties.

3.  Stronger Penalties for Violations While Employees Are Attempting to Form a Union or attain First Contract

a.       Civil penalties: Provides for civil fines of up to $20,000 per violation against employers found to have willfully or repeatedly violated employees’ rights during an organizing campaign or contract drive. 

b.       Treble Back Pay: Increases the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first drive to three back pay. 

c.        Mandatory Application for Injunctions: Provides that just as the NLRB is required to seek a federal court injunction against a union whenever there is reasonable cause to believe the union has violated the secondary boycott prohibition in the act ,the NLRB must seek a federal court injunction against an employer whenever there is reasonable cause to believe the employer has discharged or discriminated against employees or engaged in conduct that significantly interferes with courts to grant temporary restraining orders or other appropriate injunctive relief.

Why do we need new federal legislation, the Employee Free Choice Act?

Americas working people are struggling to make ends meet, and our middle class is disappearing. The best opportunity working men and women have to get ahead is by uniting with co-workers to bargain with their employers for better wages and benefits.

But the current labor law system is broken .Corporations routinely intimidate ,harass, coerce and even fire people who try to organize unions and today’s labor law is powerless to stop them. Everyday, employers deny working people the freedom to make there own choice about whether to have a union:

What dose the Employee Free Choice Act Do?

It does three things to level the playing field for employees and employers:

1. Strengthens penalties for companies that illegally coerce or intimidate employees in a effort to prevent them from forming a union:
2. Brings in a neutral third party to settle a contract when a company  and a newly certified union cannot agree on a contract after three months:
3. Establish majority sign –up, meaning that if a majority of employees sign union authorization cards, validated by the National Labor Relation Board (NLRB), a company must recognize the union.

Dose the Employee free Choice Act take away so-called secret elections? 

     No. If one-third of workers want to have an NLRB election at their workplace, they can still ask the federal government to hold an election.

The Employee Free Choice Act simple gives them another option- majority sign–up. 

“Elections” may sound like the most democratic approach, but the NLRB process nothing like any democratic elections in our society- presidential election, for example—because one side has all the power. The employer controls the voters paychecks and livelihood, has unlimited access to speak against the union in the workplace while restricting pro-union speech and has the freedom to intimidate and coerce the voters.

Does the Employee Free Choice Act silence employers or require that they remain neutral about the union?

     No. Employers are still free to express their opinion about the union as long as they do not threaten or intimidate workers.

Will employees be pressured into signing union authorization cards?

     No. In fact, academic studies show that workers who organize under majority sign-up feel less pressure from co workers to support the union than workers who organize under the NLRB election process. Workers who vote by majority sign –up also report far less pressure or coercion from management to oppose the union than workers who go through NLRB election.  In addition, it is illegal for anyone to coerce employees to sign a union authorization card. Any person who the law will be subject to penalties under the Employee Free Choice Act.

     Isn’t this law really about restoring to working people the freedom to their lives through unions. More than half of people who don’t have a union say they would join one tomorrow if given the chance. After all, people who have unions earn 30 percent more than people without unions and are much more likely have heath care and pensions .With the economic pressures working people today, the freedom to pursue their dreams is crucially important.

Who support the Employees Free Choice Act?

     The Employee Free Choice Act has the support of hundreds of members of congress of parties, academics, historians and civil and human rights organizations such as the NAACP and Human Rights organizations and 69 percent of the American public.

Who opposes the Employee Free Act? 

     Corporate front groups are waging a major campaign to stop the Employee Free Choice Act.

     They do not want workers to have the freedom to choose for them selves whether to bargain through unions for better wages, benefits and working conditions. The anti-union network includes discredited groups such as center for union facts, led by lobbyist Richard Berman, who is infamous for fighting against drunk driving laws and consumer and heath protections, and the National Right to Work Committee and Foundation, the country’s oldest organization exclusively to destroying unions.