The Society for Human Resource Management (SHRM) and other members of the Coalition for a Democratic Workplace are encouraging people to contact lawmakers to urge them to vote against legislation that would make it easier for employees to form unions.
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Download NowThe Employee Free Choice Act (H.R. 800) is set for a vote on the floor of the House as soon as this week. The Employee Free Choice Act would require the National Labor Relations Board to certify a union if the board finds that a majority of employees have signed authorizations designating the union as their bargaining representative (this process is known as card check).
Under current law, the National Labor Relations Board typically oversees an election process for unions that uses secret ballots. The card-check process can be used if the employer agrees to it.
Employers want to maintain the secret-ballot election. SHRM says it opposes the legislation because card check makes employees' position on a union public, which could create more hostility in the workplace and make employees subject to coercion from supporters and opponents of the union.
The legislation would also allow a union or employer to refer a dispute to the Federal Mediation and Conciliation Service (FMCS) if an employer and a union are engaged in bargaining for their first contract and are unable to reach agreement within 90 days. Under the legislation, if the FMCS has been unable to bring the parties to agreement after 30 days of mediation, the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years.
SHRM argues that this provision would provide motivation for either a union or employer to engage in delaying tactics until the dispute reaches binding arbitration.
Even if the House approves the legislation, the bill still faces significant hurdles in the Senate and the White House, which has already signaled that President Bush would veto it. While Democrats hold a majority in the Senate, they don't appear to have enough votes to override a veto or end a filibuster.