A Breakdown of the War Over the Employee Free Choice Act

It is extremely important for young people to have the opportunity to unionize and the option to move up into the middle class. It’s time for workers to get their voice back, and for young people to feel confident about their future. 

You may be wondering what all the hoopla surrounding The Employee Free Choice Act is about. The title of the act seems straight forward and on point- Employee Free Choice, meaning the worker will have the freedom to choose if she/he wants to be a part of a union.

Workers want unions! Research shows that 60 million workers would join a union tomorrow if they could (www.aflcio.org). Historically, unions have been a good thing. They help workers demand and receive higher wages, better working conditions and get health and retirement benefits. But currently the power to decide if workers can have union representation lies in the hands of the Bosses. As of 2008, only 12% of our workforce is represented by unions. Government workers are nearly five times more likely to belong to a union than are private-sector employees, 36.8% versus 7.6%. Union membership is highest among workers 55 to 64 years old, at 16.6%, and lowest among those 16 to 24 years old, at 5% (U.S. Bureau of Labor Statistics).
(Photo by cursedthing http://www.flickr.com/photos/cursedthing/2343881245/)

As you might imagine, within minutes of the Act being introduced on March 10, there was outcry against it. Conservative Senators, big business executives and right-wing websites alike are insisting that this bill will bring an end to worker's rights, cut jobs and ruin the economy.
(click here to watch "EFCA will cost jobs" ad)

But isn’t that already happening? Is the fear really about workers losing their rights or are the powerful people being greedy about giving up their high salaries and bonus packages? Media ads all over the web tell us that unions will ruin our businesses!!!- but won’t it actually help us all receive better wages and benefits and therefore support the growth of the middle class which is vital to strengthening our economy?

(click to watch The "horror" of the EFCA)
(Photo by AFLCIO2008 at http://www.flickr.com/photos/labor2008/3310628910/)

Senator Wellstone had the right idea when he said “we all do better when we all do better.”

So what does this mean for us young people?

We, as a generation, earn less than our parents did a generation ago. As well we are likely to have jobs with fewer benefits and pensions- 1 out of 3 workers between the ages of 18-34 are uninsured. Young people who are represented by a union earn more than 12% than their non-unionize counterpart. It is extremely important for young people to have the opportunity to unionize and the option to move up into the middle class. It’s time for workers to get their voice back, and for young people to feel confident about their future. 

Let’s look at the truths and lies surrounding the anti-Employee Free Choice Act argument:

The Myth- They say EFCA will end secret ballot elections and ruin our democracy.

How Secret Ballot elections work- basically 30% of the workers decide they want a union to represent them. Workers do this by signing cards asking for representation. Then the employer decides there will be a private election to vote for a union. The National Labor Relations Board then chooses the date for the election. Let’s say it will take place three months from now. Management often uses those three months to scare the workers away from unionizing. They control all the information that workers receive. They make sure unions don’t come in to promote representation. They threaten, harass and even fire people who want to join a union. By the time the election comes around, many workers are so scared they will lose their job, they vote against the union.
click to watch worker's discuss EFCA

The Reality- Secret ballots aren’t going away. With the new bill workers will have the power to choose if they want an election or not. Otherwise they can use majority-card signings to request union representation. None of this will change with EFCA. The bill will simply take away the EMPLOYERS right to insist on a ballot election--something big business doesn’t like, claiming that it takes away employers right to “teach” workers about the “downside” of joining a union. Opponents are straight up lying about secret ballot elections being ended.

The Myth- They say EFCA will perpetuate job loss- if everyone unionizes, that means employers will have to increase workers wages and benefits, and there won’t be enough money to keep everyone’s job.

The Reality- Unions will help with our economic recovery and strengthen the middle class. If workers are making higher wagers, that means they have more money to spend on products and goods. If the demand for products and goods increases, so will the need for workers. Right now job losses are large and widespread and it is the workers and the middle class that are being affected. In February, 651,000 more jobs were lost, and the unemployment rate rose from 7.6 to 8.1 percent (U.S. Bureau of Labor Statistics). Unionizing will allow people with low wage jobs to bargain for wages that are above the poverty line. It will increase wages, healthcare coverage and retirement benefits for workers. It would level the playing field between the employer and the employee, helping the middle class by allowing people to negotiate for a better life.

Big business bosses, like Wal-mart, Home Depot, and Whole Foods, are really scared of losing their large paychecks. Top corporate executives earned more than 411 times that of the average worker in 2005, while stagnant incomes among workers and the middle class over the last decade have led many into excessive debt. The ONLY time in American history where poor and working class income grew at a rate faster than the wealthiest in this country was in the 1950’s, after the huge growth of unions in the late 1930s and 1940s. This was despite the outcries by business in the 1930s that unions would put the US into a permanent depression.
click here to learn more about the history of the labor union movement

The Myth- The new bill will require a government mediator to come in and create a union contract for the worker and employer without the consent of either.

Currently there is no enforced time frame for which employers must agree upon a contract and employers get away with stalling the bargaining process. They often take years to come to a decision on the terms of the contract and purposefully stall negotiations until workers give up in despair. By doing this, they are keeping the union from helping the workers.

The Reality- The Employee Free Choice Act simply says that the employer and the workers have to sit down and bargain a contract. The federal mediator doesn’t step in unless the employer and workers cannot agree upon a mutual contract within 90 days. They are there to assist the worker and employer to come to an agreement within 30 days. This is to make sure that the process of bargaining is not delayed. If an agreement is still not made, a two-year contract decided by the mediator will be put in place.

The Myth- EFCA would toughen penalties against employers who violate employee’s rights but not against unions, “who would get off scott free for any violations”.

Reality- Strict monetary fines will be placed on employers who use harassment, intimidation and illegal firing during the initial organizing and bargaining period. Currently, the penalties are so low that many employers calculate that it is worth “risking” violating the law to achieve their end of busting the union. Few objective observers really think that workers have too much power today and corporations too little. What is needed are laws that restore the balance of power and give workers a free choice over their own destiny.

(Photo by SEUI International at http://www.flickr.com/photos/seiu/3253703783/)

For more information and statistics check out American Rights at Work, the Economic Policy Institute, and other resources.

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Submitted by sbrewer on March 23, 2009 - 7:58am.

You go girl ---I'm proud of

Submitted by Dale Peck (not verified) on March 23, 2009 - 8:10pm.

You go girl ---I'm proud of you.!!! Your cousin from Canada Dale

The Power Of Unions!

Submitted by Anonymous (not verified) on March 24, 2009 - 5:05pm.

It is wise and helpful to be effective advocates for powerful,sustainable unions across all spectrum that help protect, strengthen, inspire and reward good ethics, good work, good behavior while securing the viability of workers if we are serious about economic recovery,rebuilding our country and succeeding a better life for workers of all ages!

UNION NOW

Submitted by A Grillo (not verified) on March 26, 2009 - 9:59am.

EFCA , the most imporant bill in many years It will, as Ms. Brewer says help young people move up into the middle class. Everying that the AFL-CIO UAW and Labor had worked so hard for 70 years, was wiped out by the last 8 years of Bush Rule. I hope that We as the Middle Class can come togeather as we did in the 08 elections and press our leaders in DC to do the right thing by Working Families.

Siobhan - You are right on target!

Submitted by Vince Beltrami (not verified) on March 26, 2009 - 12:33pm.

Great job. I'm the president of the Alaska AFL-CIO and write on this topic often. You have perfectly captured the essence of this important issue and what the Act does. You've hit the nail squarely on the head. Its very refreshing to see young adults like you getting the word out to the youth. I hadn't seen the number on older Americans in unions vs. younger Americans in unions. That should be a wake up call and a call to action if the next generation wants to have a fighting chance. Keep up the good work. Spread it far and wide sister!

Yes, let's union now

Submitted by Mess Buster (not verified) on March 26, 2009 - 12:57pm.

In 2008, American people of various colors, background including the Middle Class elected Barack Obama as our newest President. President Obama promised change and hope, and he is working hard toward just that. He repeatedly asked for our patience simply because he is not and we did not elect a magician! It would have been great if we had prevented Bush and Bush's administration making such mind-boggling historical mess, unfortunately we didn't. So folks, the mess is ours now. Let's join our President and his leadership team so we can Union Now!!

Why EFCA isn't right for everyone

Submitted by Doug Brown (not verified) on March 26, 2009 - 3:51pm.

While I wholeheartedly agree that, in general, unions are a good and necessary institution for many fields of employment, they can be just as bullying and untruthful as management. I work for an airline that is approached by unions every year. Thank God for a period of time for both the union and management to present their point of view. Our management treats us with respect, knowing that we will do a better job if we are happy and treated like adults. When the time leading up to the election comes around, the unions put out literature that is completely false lies to try to sway our vote. Our management is then forced to put out counter literature showing the false information. Where were the unions when we were in bankruptcy? They never showed up to represent us because we didn't have any money. Now that we are successful, they want $40/month from my paycheck. I am happy with the secret election and the time to hear both points of view. By the way, we have rejected every union that has tried to represent us. All the other divisions of our company are represented buy unions, and I am happy they are. But the airport workers are better represented by our own employee council.

Lies Telling!

Submitted by Puzzler (not verified) on March 27, 2009 - 11:08am.

One can think of many different reasons why lies are being told. Some people would tell lies just to win, some do that because that's how they live or how they choose to live. The fact of the matter is: There are people enjoy telling lies and also there are people enjoy hearing lies! Whatever it maybe, the phenomena certainly add extra complexity to human lives. It is so unfortunate and devastating, isn't it?

always secret ballot

Submitted by browser (not verified) on March 27, 2009 - 3:16pm.

I think there should always be a secret ballot. None of the public card check stuff to substitute for a secret ballot. Other than that, the legislation seems not too bad.