How does a card check procedure negatively impact a business?
This procedure could take away the right of an employer to require that workers vote in a secret ballot election to determine whether they want to be unionized. The union can be certified without an election if more than half the work force signs authorization cards.
You may have no idea that a union is trying to organize your work force until after the union obtains authorization cards from 51 percent of employees. This does not give you an opportunity to present your views on unionization before your business is unionized. A signed authorization card is valid for one year, so this gives the union a long time to collect cards.
A compromise has not been reached to remove the card check provision from the bill. Some efforts have been made to reach a compromise because of the opposition to the elimination of secret ballot elections, but the AFL-CIO has not signed off on this compromise.
Do business leaders still have reason to worry about the EFCA, even if the card check provision is dropped?
Yes. If the card check procedure is dropped, there will, in all likelihood, be a provision granting unions the right to force fast elections — within five to 10 days — after 30 percent of workers sign authorization cards. Now, union campaigns typically run for two months. This time frame gives you little opportunity to communicate with workers regarding your stance on unionization.
Another possible condition that may be included in the compromise bill is a requirement that union organizers be allowed access to workers at your office location. This would be a further intrusion on management’s rights.
Another compromise provision would bar you from holding work-time meetings to present your views on unionization. These alternatives take away a level playing field and disrupt business operations. However, the EFCA, as proposed, requires mandatory arbitration, and an outsider would then impose an employer’s wages and benefits for the first two years of the agreement.
How can you prepare for the possible approval of this act?
You need to establish a union avoidance plan and inform workers about your view on unionization. Employees need to be educated on the tactics unions will use to impose unionization on a company without an employee vote. Make sure employees also understand that signing a union authorization card is the same as a vote for the union.
Even if the card check provision is removed from the final bill, the fast-track election compromise provision would only give you several days to communicate your stance against unionization to workers. The compromise bill may also prohibit you from requiring workers to attend these meetings.
Dennis Collins is chair of the labor and employment practice group at Greensfelder, Hemker & Gale, P.C. Reach him at (314) 516-2648 or [email protected]. Mary Beth Ortbals is a member of the labor and employment practice group at Greensfelder, Hemker & Gale, P.C. Reach her at (314) 516-2646 or [email protected].