As readers of The Union-Free Employer are by now well aware, today, March 27, 2007, the Senate Health, Education, Labor & Pensions Committee will hold hearings on the deceptively named "Employee Free Choice Act" (H.R. 800).  The Act -- sometimes called the "card-check bill" -- aims to overhaul our nation's labor laws to promote union organizing and union representation at private businesses.  The bill is political payback by the new Congressional majority to the AFL-CIO and labor unions who are seeking to stem decades-long decline -- from 35 percent of the private sector in the 1960's to just over 7 percent today.  Congress seeks to protect these labor unions at the expense of employer and employee rights alike.

In a nutshell, the E.F.C.A. will:

• eliminate the current guarantee of a free and democratic, government-supervised secret-ballot election for employees to decide whether or not to be represented by a union;
• require an employer to recognize a union as the exclusive representative of all the employees as soon as the union presents cards signed by a majority -- whether or not the employees understood what they were signing;
• do away with the pre-election campaign period, and curtail employer "free speech" rights, preventing employees from obtaining balanced information and viewpoints about union representation before the employees are forced to choose;
• inject the government into the collective-bargaining process, allowing arbitrators to impose a two-year contract on employers if private negotiations do not produce one within 120 days; and
• greatly increase financial penalties against employers only for interfering in the organizing process (e.g., triple back-pay awards for employees, civil penalties of $20,000 per violation, etc.)

While Republican lawmakers are contemplating a filibuster, and President George W. Bush has indicated that he will likely veto the Act, employers must take this issue very seriously all the same. This law is intended to bring about the largest wave of union organizing that private industry has seen in decades. Employers who value their economic freedom and the individual liberty of their employees should take prompt action as follows:

(1) Get fully educated about the E.F.C.A.: Obviously, The Union-Free Employer has provided many resources, including this Employer Advisory Report. There is also a great deal of helpful information at Kilpatrick Stockton's efcaupdates.com. and the National Association of Manufacturers' ShopFloor.org.

(2) Urge your Senators to oppose the E.F.C.A.: Sen. Edward Kennedy (D-MA) has vowed to introduce companion legislation in the Senate -- and will likely do so shortly before, during or soon after next week's Committee hearings. Contact your Senators and all Senators on the Senate Health Education Labor & Pensions Committee and urge them to oppose this bill.

(3) Write the White House: President Bush has already stated that he will veto H.R. 800 if it is presented to him. Express your support for that stand.

(4) Adopt a comprehensive labor relations plan:  Do not rest on the assumption that the E.F.C.A. will be vetoed and so you have nothing to worry about.  The AFL-CIO and Change-To-Win unions are certain to conduct more organizing later this year in an effort to keep E.F.C.A. in the public eye heading into the 2008 campaign cycle.  Prudent employers will prepare now to guarantee successful response to that activity.  Consider conducting union-free maintenance audits; providing labor relations training for all management; communicating lawfully with employees about the possible consequences of union representation; and, ensuring the fairness and competitiveness of your wage, benefit and general personnel policies.

Put simply, private employers must work now for the best possible outcome, while at the same time preparing for the worst.

Please feel free to check back here often, or subscribe to our feed at our site, as The Union-Free Employer will continue to cover this critically important issue as it unfolds.