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…to Alaskans for Free Choice, a website devoted to providing Alaskans information on the Employee Free Choice Act. Find out what the Employee Free Choice Act is all about and learn how it works right here. Follow breaking news and read other related articles. Check out our links to additional resources as well as our important pages for even more extensive coverage.
WHAT THE EMPLOYEE FREE CHOICE ACT IS ALL ABOUT
The Employee Free Choice Act is an important legislative proposal that would remove barriers to union representation and collective bargaining. It will help workers to form unions, and guarantee that new unions gain contracts. The Employee Free Choice Act will also strengthen penalties against employers that violate workers’ rights.
Current federal labor law–the National Labor Relations Act–no longer upholds workers’ rights. Companies try vigorously, if not illegally, to keep workers from organizing unions. Even after workers successfully form unions, they often can’t get a first contract. The current process blocks workers’ free will and their ability to bargain for the wages and benefits they deserve.
HOW THE EMPLOYEE FREE CHOICE ACT WORKS
The Employee Free Choice Act improves upon current labor laws in three specific ways:
1. Establishes Majority Sign-up
If a majority of employees sign union authorization cards, a company must recognize the union. The National Labor Relations Board (NLRB) will develop language and procedures for determining the validity of signed authorizations.
2. Guarantees a Contract for Workers in a New Union
If a newly formed union and an employer cannot bargain a first contract within 90 days, either party can request mediation by the Federal Mediation and Conciliation Service (FMCS). If no agreement has been reached after 30 days of mediation, the dispute is referred to binding arbitration.
3. Strengthens Penalties Against Companies that Break the Law
If companies break the law during organizing campaigns or first contract negotiations, they will face significant, tougher penalties.
a. Requires the NLRB to seek a federal court injunction when there is reasonable cause to believe a company has discharged or discriminated against employees, threatened to do so, or engaged in conduct that significantly interferes with employee rights during an organizing campaign or first contract negotiations. Equalizes remedies by making mandatory injunctive remedies against companies the same as the currently required injunctive remedies against unions.
b. Increases to three times back pay the amount a company is required to pay when an employee is discharged or discriminated against during an organizing campaign or first contract negotiations.
c. Fines up to $20,000 per violation against companies found to have willfully or repeatedly violated employees’ rights during an organizing campaign or first contract negotiations.
