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The current process for organizing a workplace denies too many workers the ability to do so.
The Employee Free Choice Act offers to make binding an alternative process under which a majority of employees can sign up to join a union.
Currently, employers can choose to accept — but are not bound by law to accept — the signed decision of a majority of workers.
Card check and election are both overseen by the National Labor Relations Board.
The difference is that with card sign-up, employees sign authorization cards stating they want a union, the cards are submitted to the NLRB and if more than 50% of the employees submitted cards, the NLRB requires the employer to recognize the union.
The other exception is a last resort, which allows the NLRB to order an employer to recognize a union if over 50% have signed cards if the employer has engaged in unfair labor practices that make a fair election unlikely. Congress in 2005 and reintroduced in 2007 the EFCA provides that the NLRB would recognize the union's role as the official bargaining representative if a majority of employees have authorized that representation via card check, without requiring a secret ballot election.
Under the proposed Employee Free Choice Act (EFCA), if the NLRB verifies that over 50% of the employees signed authorization cards, the secret ballot election is bypassed and a union is automatically formed. Under the EFCA, if over 30% and fewer than 50% of employees sign a petition or authorization cards, the NLRB would still order a secret ballot election for union representation. Since the National Labor Relations Act was passed, it has been legal for workers to form a union when a majority of employees in a bargaining unit sign cards indicating their intent to bargain collectively with the employer.
The NLRA election process is an additional step with the NLRB conducting a secret ballot election after authorization cards are submitted.
In both cases the employer never sees the authorization cards or any information that would disclose how individual employees voted.
Those who oppose card check argue it strips workers of their right to a secret ballot. Chamber of Commerce, oppose the implementation of card check.
They also argue that even though gathering a majority of card signers might imply that a secret ballot would be unnecessary, signers could be coerced to sign through intimidation and pressure; the same could also be said of employers in the period between sign-up and a secret ballot. From its website: Under the existing law today, workers have a chance to vote for or against unionization in a private-ballot election that is federally supervised.
Over 70% of voters agree that a private election is better than card check.1.
A card-check process increases the risk of coercion.
Under Card Check, if more than 50% of workers at a facility sign a card, the government would have to certify the union, and a private ballot election would be prohibited--even if workers want one.Tags: Adult Dating, affair dating, sex dating