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Employee Free Choice Act: Fixing a Broken System
By Michael Tursky, Secretary-Treasurer, UFCW 8-Golden State
The labor rights watchdog group American Rights at Work reports that a worker is illegally discriminated against for Union activity every 23 minutes in the United States. A recent survey by the group confirms that workers want to join Unions. Unfortunately, many employers use illegal tactics to stymie Union organizing. Some employers — about 30 percent, according to the American Rights at Work survey — routinely fire Union supporters as part of their Union avoidance campaigns.
While discharged employees can appeal, and some win their jobs back, the process is slow. If the mediation board rules for the employee and orders the company to bring the employee back, it starts another round of appeals that leave the employee out of work until the long process is finished. This sham of a process disregards basic human rights and violates the intent of federal labor law. The Employee Free Choice Act is an important bipartisan bill in Congress that would correct the worst flaws in the system. It was introduced in 2005 by U.S. Sens. Edward Kennedy (D-Mass.) and Arlen Specter (R-Penn.) and U.S. Reps. George Miller (D-Calif.) and Peter T. King (R-N.Y.). The act provides for certification of a Union after a majority of a unit’s employees has signed cards indicating their approval. The bill also provides stronger penalties for employer violations while employees attempt to organize a Union at their workplace. In such a situation, the NLRB would be compelled to seek a federal court injunction against the employer and courts would be authorized to grant temporary restraining orders. If found guilty of a violation, the employer would be required to pay three times the amount of the employee’s back pay when he or she is discharged or discriminated against during an organizing campaign. In addition, the bill provides for civil fines of up to $20,000 per violation against employers found to have willfully or repeatedly violated their employees’ rights. I urge you to contact your elected officials and seek their support for the Employee Free Choice Act, which is a positive step to restoring our basic human right to choose Union representation.
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