
Today, The
Washington Post, on p A 19, showed how two different op-ed columnists can spin a bill before Congress so differently. The subject legislation is The Employee Free Choice Act of 2007, already passed the House, which is supposed to make it easier for unions to organize workers in certain circumstances. Conservative George F. Will (“
Dues and Don’ts: For Unions, Coercion over Persuasion”) calls the bill Orwellian, claiming that it will deny workers a secret ballot on organizing, other sources (
Americans Rights at Work) deny this. Will also claims that the “card check” system would allow unions to badger less enthusiastic workers. But Will appropriately criticizes earlier demands by the Washington Education Association to levy fees on non-union members who benefit from their bargaining, on the theory that the teacher’s union was forcing unwilling political speech. The state supreme court sided with the union, but the U.S. Supreme Court voted 9-0 that a union has no “entitlement” to OPM (“other people’s money) for its political purposes. Harold Meyerson has an article “
A Union Beats a Fence: Making Scofflaw Employers Share the Wealth,” and argues that the new law is essential to prevent employers from penalizing or firing employees for organizing, a legally protected (essentially fundamental) right.
On Thursday June 22 Leon Sequeira, assistant secretary of labor for policy of the United States Department of Labor, provided an op-ed to the
DC Examiner, p. 22, "Senate bill would harm employee choice on the job" and writes that a "card check" scheme forces all workers to accept union representation if union organizers persuade just 50 percent plus 1 of the colleagues to
publicly sign a union card." He adds, "Although changing the rules may boost union membership, it would certainly come at a terrible cost to workers. Without secret ballot elections, workers would be confronted with a unionization system that fosters coercion and intimidation." Here is the
link to the article. Organized labor, as noted above, disagrees with these allegations.
Philosophically, of course, this whole issue, for individual people, comes down to “hyperindividualism v. solidarity” as once discussed in Mother Jones (
link to earlier discussion). Some people prefer the freedom of freelance and contract work (which far too many employers use today, according to the union world) without benefits, because the employer and union paternalism that could go with union solidarity stifles individual expression. On the other hand, in a real world with global economic forces, many families are more concerned about “survival” than expression.
The Wikipedia entry on this act is
here. The AFL-CIO summary is
here (PDF).
Because I couldn’t find an easily linkable PDF of the entire bill (Thomas links sometimes don’t work here), I included it (p.d.) inline here. But you can go to Thomas.loc.gov.
110th CONGRESS
1st Session
H. R. 800
AN ACT
To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Employee Free Choice Act of 2007'.
SEC. 2. STREAMLINING UNION CERTIFICATION.
(a) In General- Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following:
`(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).
`(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include--
`(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and
`(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.'.
(b) Conforming Amendments-
(1) NATIONAL LABOR RELATIONS BOARD- Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence--
(A) by striking `and to' and inserting `to'; and
(B) by striking `and certify the results thereof,' and inserting `, and to issue certifications as provided for in that section,'.
(2) UNFAIR LABOR PRACTICES- Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended--
(A) in paragraph (7)(B) by striking `, or' and inserting `or a petition has been filed under section 9(c)(6), or'; and
(B) in paragraph (7)(C) by striking `when such a petition has been filed' and inserting `when such a petition other than a petition under section 9(c)(6) has been filed'.
SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following:
`(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows:
`(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.
`(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement.
`(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.'.
SEC. 4. STRENGTHENING ENFORCEMENT.
(a) Injunctions Against Unfair Labor Practices During Organizing Drives-
(1) IN GENERAL- Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended--
(A) in the second sentence, by striking `If, after such' and inserting the following:
`(2) If, after such'; and
(B) by striking the first sentence and inserting the following:
`(1) Whenever it is charged--
`(A) that any employer--
`(i) discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8;
`(ii) threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or
`(iii) engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7;
while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or
`(B) that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B) or (C) of section 8(b)(4), section 8(e), or section 8(b)(7);
the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.'.
(2) CONFORMING AMENDMENT- Section 10(m) of the National Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting `under circumstances not subject to section 10(l)' after `section 8'.
(b) Remedies for Violations-
(1) BACKPAY- Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking `And provided further,' and inserting `Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,'.
(2) CIVIL PENALTIES- Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended--
(A) by striking `Any' and inserting `(a) Any'; and
(B) by adding at the end the following:
`(b) Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsections (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.'.
Passed the House of Representatives March 1, 2007.
Attest:
Clerk.
110th CONGRESS
1st Session
H. R. 800
AN ACT
To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes.